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Grant of Easement 1980-396870 • 2 7 ,i TRANSAMERICA TITLE INSU NCE CO SG--3Q0870 RECORDING REQUESTED BY: F1LE/PAGE NO BOOK 191!0 POWAY MUNICIPAL WATER DISTRICT TMONO�AfQUEKT 0. MAM AND WHEN RECORDED MAIL TO N O V 2 5GG8T:00TLLEE AM'80 NAME Poway Municipal Water Districs SAM*CU. P. o 348 L: 11111 STREET ADDRESS 12324 Oak Knoll Road EOM CITY Poway NO FEE STATE California ZIP 92064 This space for Recorder's use Title Order No. 27996 NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 317-130-48 GRANT OF EASEMENT LOU GRUBB and EVELYN F. GRUBB, husband and wife as community property (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 wayXXXXXXXXXXXXX )(XX XAX UM, 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: All those portions of Parcels 2 and 3 of Parcel Map No. 1675, filed in the Office of the County Recorder of said San Diego County June 28, 1973, in the County of San Diego, State of California, described in Deeds to Lou Grubb, et ux, filed in the Office of the County Recorder of said San Diego County June 13, 1979 as File/Page No. 79-243825 and January 31 , 1980, as File/Page No. 80-036182 of Official Records. FILE Coey Z0 P�l�zrn�r:tc_ 31S-1$ 1 DOG. # 3 73 • 1428 Said easement of right of way in the aforesaid lands is particularly described as follows: SEE EXHIBIT "A" 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 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. re- 31n U)jtnrss WI)t'rfOt, the GRANTOR has executed this Easement this 3o day of _ _ ___..- , 191 e Ir K Y ecuted in the ence of: --r- 'eet..—.... V (744- Witness. -Aeit X F14.:(,s,,.._()---, ...2,,,,av- Witness. R/W No. 27996 DRAWN BY 14,4") CHECKED BY ACCT. NO. C-P03-293-01 DATE October 21 , 1980/mb ` BEC(C)—R/W(80) • • 1429 EXHIBIT "A" Parcel 1 : All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the centerline of said 20.00 foot wide strip of land being described as follows: Beginning at a point on the Southerly line of said Parcel 3, distant thereon North 88°42'38" West (record North 88°43'01 " West) 388.90 feet from the Southeast corner of said Parcel 3; thence North 1 °17'22" East 134.00 feet to a point hereinafter referred to as Point "A"; thence continuing North 1°17'22" East 141 .00 feet to a point hereinafter referred to as Point "B"; thence continuing North 1 °17'22" East 15.00 feet. Parcel 2: All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 10.00 feet of even width , the centerline of said 10.00 foot wide strip of land being described as follows: Beginning at the point designated in Parcel 1 above as Point "A"; thence North 88°42'38" West 25.00 feet. Parcel 3: All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the centerline of said 20.00 foot wide strip of land being described as follows: Beginning at the point designated in Parcel 1 above as Point "B"; thence South 88°42'38" East 188.00 feet. R/W #27996 • • . . 1430 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. �Il �itnr55 I1)i)rtrof,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. .RI ZOM A I County of N. � 1 ss On this U 4-f- day A.D., 19.'TU before me,..1.I r-Okt-k ZC a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Lc U, C---RLIA AND CVELVN F • &kit 56 personally known to me to be the person:A...whose name subscribed to the within Instrument, and duly acknowledged to me that the' executed the same. in Witness 11)tlrttof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 'f Notary Public in and for said County atkl I`$ite. • •t My Commission Expires Oct. 2, I9,81 CORPORATION 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 the President and known to me to be the Secretary of the the Corporation that executed the within Instrument, known to me to be the persona who executed the within Instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. Al Mtnr55 IDt)rrrof, 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. • 0 • i43i r r PAR. 1 PAR. 0 6001illi N 0 0 50'' k SE %4 OF NE %¢ PARCEL MAP NO. /675 SECTION 13 0 = T. 145, R. Z W. N V PAR. 3 •{ PTB S884238E i ----/861--- U N884238 W 20 k1 V) V)/0'� OT.A PARA , N/'722E_. SE CORNER r 111.71 M PARCEL 3 (REC.N88 4301"w) N88 42'38"W POWAY , ROAD 388.90' -----1 E1/4 COR. v SEC. 13 ( / .,. INDICATES WATER tutu LINE EASEMENT QiZ cQ Project: LOU GRUBB CNEYROL ET EXTENSION References : PLAT C .A.N. C-P03-293-01 of easements required by the R/W # 2799Gw Poway Municipal Water District Tax Par. 317- 130-46 13801412 Eno...merino conuctizejan Base Map z Scale: i ". zoo' consulting engineers r architects Date: 0CT21 , 1980 110 411• 1432 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 10/30/80 LOU GRUBB AND EVELYN F. GRUBB from 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 19, 1980 POWAY MUNICIPAL WATER DISTRICT By Harry arber, neral Manager (2-79)