Grant of Easement 1980-383393 •
' �-3393
•
RECORDING REQUESTED BY: FILE/PAGE NO.
BOOK 1980
POWAY MUNICIPAL WATER DISTRICT RECORDED REQUEST Of
TRANSAMERICA TITLE CO.
NOV 14 8:00 Am '80
AND WHEN RECORDED MAIL TO OFFICIAL RECORDS
NAME Poway Municipal Water District SAM DIEGO COUNTY, CALL.,
VERA L LYLE
SATDEET ETS 12324 Oak Knoll Road
p. Go* 348
CITY Poway NO FEE
STATE California
ZIP 92064 This space for Recorder's use
Title Order No. 61 361 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 273-820-02
GRANT OF EASEMENT
C & H INVESTORS, a General Partnership
(hereinafter GRANTOR") hereby grants to POWAY MUNICIPAL WATER DISTRICT, a public corporation
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way XXXXXXXXXXX
KAlXn1 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, together with the right of ingress and egress from the easement by a practical
route or routes in, upon, over, or across the land described below, 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.
The land encompassing this easement is situated in the County of San Diego , State of California, and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
FILE•
/
®�a 3to
Co To PKRzrnaaK - 3/5I81 . EO/NA wcy 4/11iE g-17.
� 2 342 1
EXHIBIT "A"
That portion of Section 26, Township 13 South, Range 2 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to
United States Government Survey thereof, described as follows:
Beginning at the Northeasterly corner of said Section 26 as said northeasterly
corner is shown on record of Survey Map No. 3582 filed in the Office of
County Recorder of San Diego County; thence North 88°45'59" West along the
northerly line of said section, a distance of 330 feet to the true point
of beginning; thence South 1 °14'01 " West 1333.05 feet to intersection with
the centerline of the 60 foot traveled right of way for road purposes as
shown on said record of Survey No. 3582; thence along said centerline
as shown on said Map, North 88°56'56" West 342.44 feet to a tangent 375
foot radius curve, concave northerly; thence North 1 °14'01 " East 1334.14
feet to the intersection with the northerly line of said Section 26; thence
South 88°45'59" East along said northerly line 342.44 feet to the true point
of beginning.
Excepting the Southerly 650 feet thereof.
R/W #61361
.. •
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2343
Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
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 pipeli nes 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 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. ```` p
Jit Witness Whereof, the GRANTOR has executed this Easement this____ ' day of._Ini/S . 191_0__.
Executed in the Presence of:
SEE EXHIBIT "C" ATTACHED HERETO
Witness.
Witness.
R/W No. 61361
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-315-00
DATE November 5, 1980/mb
BEC(C)—R/W(80)
• 2344 411
EXHIBIT "B"
Parcel 1 :
All that portion of said Section 26 described in said Exhibit "A" included
within a strip of land 60.00 feet of even width, the centerline of
said 60.00 foot wide strip of land being described as follows:
Beginning at the intersection of the Westerly boundary of County of San
Diego Tract No. 3469-2, according to the Map thereof No. 8847, filed in
the Office of the County Recorder of said San Diego County May 3, 1978,
and the centerline of Edina Way, as shown on said Map No. 8847; thence
along the Westerly prolongation of said centerline of Edina Way, North
88°44'11 " West 56.49 feet to the beginning of a tangent 200.00 foot radius
curve, concave Northeasterly; thence Northwesterly along the arc of said
curve, through a central angle of 43°16'15" a distance of 151 .04 feet; thence
tangent to said curve, North 45°27'56" West 143.50 feet.
Parcel 2:
All that portion of said Section 26 described in said Exhibit "A" included
within a strip of land 60.00 feet of even width, the centerline of said
60.00 foot wide strip of land being described as follows:
Commencing at the Northwesterly terminus of the centerline of the 60.00
foot wide strip of land described in Parcel 1 above, being a point on the
arc of a non-tangent 300.00 foot radius curve, concave Southeasterly, a
radial line to said point bears North 41°31 '19" West; thence Northeasterly
along the arc of said curve, through a central angle of 13°35'37" a distance
of 71 .18 feet to a point on the Northerly line of said Section 26, said
point being the Southwesterly terminus of that certain 300.00 foot radius
curve in the centerline of Tannin Drive, as shown on the Map of Panorama Hills
Unit No. 2, according to the Map thereof No. 8457, filed in the Office of the
County Recorder of said San Diego County January 11 , 1977, being the
TRUE POINT OF BEGINNING; thence retracing Southwesterly along said 300.00
foot radius curve, being along the Southwesterly continuation of said 300.00
foot radius curve in the centerline of Tannin Drive, through a central angle of
26°36'54" a distance of 139.36 feet to the Westerly line of the land described
in said Exhibit "A"; thence tangent to said curve, South 35°27'24" West
100.00 feet.
EXCEPTING therefrom, that portion thereof lying Westerly of the Westerly
line of said land described in said Exhibit "A".
The sidelines of the 60.00 foot wide strip of land described in Parcel
2 above shall be shortened or continued as necessary on the Northeast
so as to terminate in the Northerly line of said Section 26.
---continued---
Page 1 of 2 R/W #61361
• •
2345
EXHIBIT "B" continued---
Parcel 3:
All that portion of said Section 26 described in said Exhibit "A"
included within a strip of land 40.00 feet of even width, the centerline
of said 40.00 foot wide strip of land being described as follows:
Beginning at the intersection of the Westerly boundary of County of San
Diego Tract No. 3469-2, according to the Map thereof No. 8847, filed
in the Office of the County Recorder of said San Diego County May 3, 1978,
and the centerline of Edina Way, as shown on said Map No. 8847; thence
along the Westerly prolongation of said centerline of Edina Way, North
88°44' 11 " West 142.88 feet to the TRUE POINT OF BEGINNING; thence South
20°33' 13" West 214.94 feet.
The sidelines of the 40.00 foot wide strip of land described in Parcel
3 above shall be prolonged or shortened as necessary on the South so as
to terminate in a line which bears North 55°47'49" West from the Southerly
terminus of the centerline of said 40.00 foot wide strip of land.
Page 2 of 2
R/W #61361
2346
EXHIBIT "C"
C & H INVESTORS, a General Partnership
-//k4
Fu-Hua Ho
24-47Z/---
By: Andy Hsu, Attorney-in-fact
/ �► �<i % ��• S Lit( "l'
Angela Tao-shun Ho
By: 'n•y Hsu, A , orney-in-fact
_/ / PSG(
Lulu L. Hsu
4)
1 f
By: Andy Hsu, Attoiney-in-fact
Andy I-rs
(/'/ L ,
Jung-Yi Wien/
40, -44.
By: 'nd Hs , torney-in-fact
/L-" (. -
Ming-shen9 Chu 0
By: Andy su, tt rn y-in-fact
)-kAir itfrs
Helen Cheng Chu v
And At o'rne
By: y Hsu, -in-fact y
R/W #61361
.•
• • . .
• •
348
Z'�
�.p , a' Z MAP 8457
-57c.J `y °1° 0! MAP 8093
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4,,, ,,,
\ / / 342.44 �~ (REC.330) 23 24
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„,,„0.----
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'-Q9oJ frP
. �\�h Y .5
COUNTOP4N DIEGO
terk00
-
(,h- a LOT 28 LOT 27
`�� , 6 j' TRACT NO. 34(09-2
' ED/NA 0' WAY
ova/. / ��� - °i
oti1� v., j -- /42.88'--'
0 ^ �� N8844i1'iN MAP NO. 8847
�"� 4- RI LOT 29 LOT 30
I-
100'-
v
20
:s1.,...A...4
r c'o r
[-.. -
PORT/ON OF LOT 29
RESERVED FOR LOT 29
FUTURE STREET
DETAIL
SECT/ON 26
T• 13 S., R. 2W.
N
j�/�1
���
C/l/1 .. INDICATES WATER
LINE EA S EMEN T
_ ”-
Project: ED/NA WAY EXTENSION
References : PLAT C .A.N. C-P03-315-00
of easements required by the R/W # 61361
Poway Municipal Water District Tax Par. 273-820-02
aewe Enotneerrlo Carp n3uon Base Map 3
Scale: / C. /00' consulting engineers/ architects Date: NOV..5, 1980
• •
23J0
ACKNOWLEDGMENT
(Attorney in Fact)
State of California )
ss.
County of San Diego )
On this ipl day of ►VOVtMksesf' , 1980, before me,
EVIA L. POWELL, a Notary Public in and for said County and State,
personally appeared LI4
li�V
proven to me to be the person whose name is subscribed to the with-
in Instrument, as the Attorney-in-Fact of Wote.,10. 1-04-VnUt4 110
and acknowledged to me that hot subscribed the name of
ANq Tao•51Nukt !Jo thereto as principal and his
own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
OFFICIAL SEAL
: EVIA L POWELL
[Y. NOTARY PUBLIC CALIFORNIA
fir .
SAN DIEGO COUNTY - 4 &)ert.uas,
My comm. expires AUG 21, 1984
f �,...�0.�•6 Notary Public in and for said
(Seal County and State
• 4351 •
ACKNOWLEDGMENT
(Attorney in Fact)
State of California )
ss.
County of San Diego )
On this ��! day of NaueMber , 1980, before me,
EVIA L. POWELL, a Notary Public in and for said County and State,
personally appeared A NOS{ uSU
proven to me to be the person whose name is subscribed to the with-
in Instrument, as the Attorney-in-Fact of 1.01U I... NSU
and acknowledged to me that he subscribed the name of
Lulu L. k.1SV ----- thereto as principal and
own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
OFFlCiAL SEAL
_r
EV'A L POWELL
e • NOTARY PUBLIC • CALIFORNIA
• . 'N�' SAN MECO COUNTY .1.�.l.a. .-)1434-1•14.9%.
•no.r'� My ccmm. exiles AUG 21, 1984
r:+a�»--. ,r..ea .0 Notary Public in and for said
(Seal) County and State
• 2352 •
ACKNOWLEDGMENT
(Attorney in Fact)
State of California )
ss.
County of San Diego )
1 01
On this w) - day of OUGMIiI,r , 1980, before me,
EVIA L. POWELL, a Notary Public in and for said County and State,
personally appeared 4AtA \s U
proven to me to be the person whose name is subscribed to the with-
in Instrument, as the Attorney-in-Fact of -a14:11 % ClVJ
and acknowledged to me that he. _ subscribed the name of
-7-1/41VA-1 1 Che, ) ' thereto as principal and his
own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
OFFICIAL SEAL
• EVIA L POWELL
tNO NOTARY bUBLIC • CALIFORNIA I( R• --- acL
QamAx
SAN DIEGO COUNTY ,a,�1,,,
.: My comm. expires A'JG 21, 1984
.,---W..__, --; Notary Public in and for said
(Seal) County and State
• • 2353
ACKNOWLEDGMENT
(Attorney in Fact)
State of California )
ss.
County of San Diego )
VA
On this 0 — day of 1Qbve &Q.Y , 1980, before me,
EVIA L. POWELL, a Notary Public in and for said County and State,
personally appeared Quay VkSU
proven to me to be the person whose name is subscribed to the with-
in Instrument, as the Attorney-in-Fact of M ,N C� -she Wel Ch U
and acknowledged to me that he_ subscribed the name of
Nq -She4q U thereto as principal and Ws
own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
o .. OFFICIAL SEAL
EVIA L POWELL
NOTARY t'U8lIC CAUfORNiAR •
SAN DIEGO COUNTY
My comm. excises AUG 21. 1984 Notary Public in and for said
(Seal) County and State
1 2354 III
ACKNOWLEDGMENT
(Attorney in Fact)
State of California )
ss.
County of San Diego )
On this 15, day of 1tikjle10ber , 1980, before me,
EVIA L. POWELL, a Notary Public
in and for said County and State,
personally appeared Ldt.\ I\SU
proven to me to be the person whose name is subscribed to the with-
in Instrument, as the Attorney-in-Fact of IEIEN Crew OIL)
and acknowledged to me that he... subscribed the name of
11E.\C-14 CC \ ChU thereto as principal and h�S
own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
1 v=, OFFICIAL SEAL
EV'A L POWELL &-)e......6.a.'311:444..:A:4
c NOTkRr oUBUc • CALIFORNIA p 1 ,. ,J Sate DIEGO COUNTY R.._,^. c,.
{ ' `- My comm. expires AUG 21, 1984
. .....,_. � . Notary Public in and for said
(Seal) County and State
2r
355
CERTIFICATE OF ACCEPTANCE
I , 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 Nov. 6, 1980
from C & H INVESTORS, A GENERAL PARTNERSHIP
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: November 6, 1980
POWAY MUNICIPAL WATER DISTRICT
By
Harry arber, neral Manager
(2-79)