Grant of Easement 1980-317844 51866 •
80-317844
RECORDING REQUESTED BY:
FILE/PAGE NO
POWAY MUNICIPAL WATER DISTRICT BOOK 1980
RECORDED REQUEST OF
TRANSAMERICA TITLE CO.
AND WHEN RECORDED MAIL TO SEP Q 0 8:00 AM'80Q(�
NAME Poway Municipal Water OFFICIAL RECORDS
District SAIL DIEGO COUNTY CALIF
STREET VIM L LYLE
ADDRESS 12324 Oak Knoll Road WOODEN /.
CITY Poway
STATE Cal iforniaNO FEE
ZIP 92064 This space for Recorder's use
Title Order No. 27899 NO DOCUMENTARY TRANSFER TAXNO FEE
Tax Parcel No. 278-181-20, 21 DOCUMENTARY TRANSFER AX a._„ /
GRANT OF EASEMENT rj �
1ANSAMEmC,^, T'TI F r^
GARY R. GAVAN and CAROL A. GAVAN, husband and wife as joint tenants
(hereinafter "GRANTOR") hereby grants to__ POWAY MUNICIPAL WATER DISTRICT
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way___
feet in width, in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including,
but not limited to, facilities for power transmission and communication purposes, at such locations and elevations, upon,
along, over and under the right of way described below as GRANTEE may now or hereafter determine in its sole discretion
without any additional compensation therefor, tX&XIYAX4iNi( X (X>(kkife)4XKAI XIXXXVa (a(X >?(t)( (IL PAK
t)6(( XQINA j.(XXAXI AK (X*].(*Xj 14M)10 LU XXI X ( together with the right to use this easement for access to
GRANTEE's rights of way situated.in adjacent lands, without any additional compensation therefor.
" ,XX)adVJwXAWX4XtXX;X4XXX,XXXXXXXXAXd(X,XJ6XXXIXt).XX'XXXXX.XXXXXXXXXxX4&XXXMA/fXXQ XeKXXXX,XXX
MEN XiX KILX)(x*)GX X t@(K.X1)6X XXJ%X4X:
Said easement of right of way is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
FILE
DOC.
343
•
• 1867 �
EXHIBIT "A"
All those portions of Parcels 1 and 2 of Parcel Map No. 4510, filed in
the Office of the County Recorder of said San Diego County February 27,
1976, being a portion of the Northeast Quarter of the Southwest Quarter
of Section 32, Township 13 South, Range 1 West, San Bernardino Meridian,
in the County of San Diego, State of California, included within a strip
of land 40.00 feet of even width, the Easterly, Northeasterly, and Northerly
line of said 40.00 foot wide strip of land being described as follows:
Beginning at the Northeast corner of Parcel 3 of said Parcel Map No. 4510,
being an angle point in the boundary of land described in Deed to GARY
R. GAVAN, et ux, filed in the Office of the County Recorder of said San
Diego County September 28, 1979, File/Page No. 79-406577 of Official Records;
thence along said boundary as follows: North 4°07'17" East 143.22 feet;
North 8°40'07" West 79.83 feet; North 30°00'54" West 95.69 feet; and North
87°50'30" West 50.00 feet.
R/W No. 27899
4;8
•
MAAX 6 AKKIAXI x, fXd(IQ WAD(el(t1(WXX A-XXJQXIMGOMMOOMMO
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
building, structure or improvement on, over or under any portion of the easement, nor shall GRANTOR, its heirs, successors,
or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any
portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or
flora from time to time as GRANTEE determines in its sole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other
public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the public
as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's
heirs, successors, or assigns, therefor.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement without obtaining
the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipelines or other facilities within
the boundaries of the easement right of way, or modify the size of existing pipelines or other improvements as it may deter-
mine
etermine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries de-
scribed above.
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns,
shall not increase or decrease or permit to be increased or decreased the existing ground elevations of the above—described
easement which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration pro-
ceeding, adminstrative proceeding or litigation in law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions or performance of this easement, the prevailing party shall be entitled to an award of all
attorney's fees and the costs of the proceeding, which shall be determined by the court or the presiding officer having au-
thority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with
its terms. r�
flit Witness !Thjrrcof, the GRANTOR has executed this Easement this_-�FA......day of_ _ ,
Executed in the Presence of:
113-*.A.-4:3‘141' 9
Witness.
....1. C... .....i?..-ll. .
Witness.
R/W No. 27899
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-297-00
DATE August 27, 1980/mb
BEC(C)—R/W(80)
• 169 •
PARTNERSHIP FORM
STATE OF
County of ss
On this day of A.D., 19 before me
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
known to me to be one of the partners of the partnership that
executed the within instrument, and acknowledged to me that such partnership executed the same.
.II /MnfsS Wl)fl'f0f, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
GENERAL FORM
• STATE OF
County of Vp }ss
• On this s•P4' day of A ., 19.8° before me.......2..Q,eQGz 17V C • 84 tC 1
a Notary Public in and for the
�said County and State, residing therein, duly commissioned and sworn, personally appeared
�
1
personally known to me to be the person whose name .i.al.! subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
3in Witness D.)berfof,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
I „amp:4k. OFFICIAL SEAL _
• 1 1` DOROTHY J. BAKER I (�^j�
( '•o :I�.• NOTARY PUBLIC - CALIFORNIA (/
Zw' • ; Notary Public in d for said County and State.
if SAN DIEGO COUNTY
i ^__ _My comm. expires NOV 15, 1981 1
STATE OF CALIFORNIA }
COUNTY OF. San Diego SS.
On September 18, 1980 before me, "MS"
the undersigned, a Notary Public in and for said County and State,
personally appeared FOR NOTARY SEAL OR STAMP
Carel A__ Gavan
O
cc
o , known to me t
to be the person whose name is _ subscribed to the ��� OFFICIAL SEAL �'
c within instrument and acknowledged that_:ShP executed the t "��!�;1'�y ELLEN CHRISTINA HI
same. �'n NOTARY PUBLIC - CALIFORNIA
. �'�
•u SAN DIEGO COUNTY t
J�� C Tt YYt • .""' My comm. expires AUG 1, 1981 ',
ti
O t
E11_en _Christina Hexon
• i Name (Typed or Printed)
Notary Public in and for said County and State
5
c ,
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enc\J PARCEL MAP 4510 o
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NE j4 Of $W%4 SEC. 32 TYP
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N79p8¢3 ti /�2
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101.5 8 sr,9 ,9
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NE CORNER 1
PARCEL 3
PAR. 3 Ito
1
I
.. INDICATES WATER
LINE EASEMENT
Project: MAULD/NG EXTENSION
References : PLAT C .A.N. C-PO3-297-00
of easements required by the R/W » 27899
Poway Municipal Water District Tax Par. 278-/81-20,2/
Dif BozI� Cap,ag n Base Map 3
Scale: / /00 ' Date: Au&. 27 1980
consultlnq •nglnQrsrs! srcnitscts
1. 871
CERTIFICATE OF ACCEPTANCE
HARRY BARBER , as GENERAL MANAGER
and agent for POWAY MUNICIPAL WATER DISTRICT, a public
corporation, make the following certification on its behalf:
This is to certify that the interest in real property
conveyed by GRANT OF EASEMENT dated Sept 5 , 1980
from Gary R. Gavan and Carol A. Gavan, husband and wife
as joint tenants
to POWAY MUNICIPAL WATER DISTRICT, a public corporation,
is hereby accepted by the undersigned agent on behalf of
the Board of Directors pursuant to authority conferred by
resolution of the Board of Directors and the grantee
consents to recordation thereof by its duly authorized
agent.
DATED: September 23 , 1980
POWAY MUNICIPAL WATER DISTRICT
By ,
Harry Barber, eneral Manager
(2-79)