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 •
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PAR. 1 PAR. 0
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0 50''
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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)