Grant of Right of Way 1979-411263 6 1 4. • ' : .,. 8 i.
•
RECORDING REQUESTED BY:
POWAY MUNI:..IPAL WATER DISTRICT 79-411263
AND WHEN RECORDED MAIL TO: FILE/PAGE NO.
BOOK 1979
RECORDED REQUEST OF
NAME r
Municipal TITLE INSURANCE & TRUST CO.
Yoti:'aS icip al Water Distri t
sTREPhffice : 1232-1 Oak Knoll Roa OCT 3 8:00AM179
ADDRAailing: P. 0. Box 348 OFFICIAL RECORDS
Poway, California 92064 SAN DIEGO COUNTY, CALIF.
CITY RECORDER
STATE �/
ZIP This space for Recorder's use
l',/ I r.:. 1 ... . ..i / - 1 -. ' • NO DOCUMENTARY TRANSFER TAX NO FEE
/61,-(161" ORtS1WAL
/C
GRANT OF RIGHT OF WAY
E'4Ak:,' C. ''ALONE and BARBARA J. r- LCSE, CO-TRUST,ES. urger rAc.laretlon of Trust
Gated Oecemt er 14, 1972 , as Grantor, for and in consideration of the sum of One Dollar and
POWAY »IJ'vICIPAL WATEF DISTRICT. a public ccrrorAtlor
other valuable consideration paid by
as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said
POWAY .IC1PAL WAT.R DISTkICT
its successors and assigns, an easement of right of way 2�'��' feet in width in, upon, over, under, and across the
lands hereinafter described, to erect, construct, reconstruct, replace,repair,maintain and use a pipeline or pipelines for any and
all purposes, together with their necessary fixtures and appurtenances including but not limited to facilities for power trans-
mission and communication purposes, at such locations and elevations, upon, along,over and under the hereinafter described
right of way as Grantee may now or hereafter deem convenient and necessary from time to time,together with the right of in-
gress thereto and egress therefrom,to and along said right of way by a practical route or routes in,upon,over and across the here-
inafter described lands,together with the right to use said right of way for access to Grantee's rights of way situated in adjacent
lands.
•+ri 1 • ,p
The lands in which said easement of right of way is hereby granted are situated in the County of
State of California, and are particularly described as follows, to wit:
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH. RANGE 2 WEST. SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ALL THE PARCELS OF LAND DESIGNATED AND DESCRIBED
AS PARCELS 62356-A THROUGH F. INCLUSIVE . IN DEED TO THE COUNTY OF
SAN DIEGO. RECORDED NOVEMBER 13. 1963 AS INSTRUMENT NO. 202933.
ALSO EXCEPTING FROM SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER THAT
PORTION LYING EASTERLY AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER ; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST c.,6'
QUARTER, NORTH 89°08 '44 " WEST ( RECORD - NORTH 89°08 ' 30" WEST ACCORDING TO ,J
RECORD OF SURVEY NO. 2407, NORTH 89°11 ' 00" WEST ACCORDING TO COUNTY ROAD
SURVEY NO. 335-17 ; NORTH 88°41 ' 47" WEST ACCORDING TO COUNTY ROAD SURVEY
NO. 1713 ) , 32.62 FEET ENGINEER ' S STATION 228 PLUS 00. 37 P.O.T. ON THE
CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 1713 ; THENCE ALONG THE CENTER
LINE OF COUNTY ROAD SURVEY NO. 335, DATED APRIL 1917. NORTH 00°09' 51"
WEST (RECORD - NORTH 00°10' 00" WEST . ACCORDING TO SAID COUNTY ROAD SURVEY
NO. 335. AND NORTH 00°20'04" WEST ) 115.02 FEET TO THE NORTHERLY LINE OF
THE SOUTHERLY 115.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER AS DESCRIBED IN PARCEL 62356-B IN DEE') TO THE COUNTY OF SAN DIEGO,
RECORDED NOVEMBER 13. 1963 AS FILE NO. 202933 ; THENCE ALONG THE SAID
NORTHERLY LINE , NORTH 89°08"44" WEST TO A LINE WHICH IS PARALLEL WITH AND
42 .00 FEET WESTERLY OF AND MEASURED AT RIGHT ANGLES TO SAID COURSE ABOVE
DESCRIBED AS NORTH 00°09' 51 " WEST BEING THE NORTHWEST CORNER OF THAT
PORTION OF COUNTY ROAD SURVEY Nn. 1723 , AS DESCRIBED IN SAID PARCEL
62356-B; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 62356-B. AND THE
SOUTHERLY PROLONGATION THEREOF, SOUTH 00°09 ' 57" EAST TO THE NORTHERLY LINE
OF THE SOUTHERLY 50.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER ; THENCE ALONG THE SAID NORTHERLY LINE NORTH 89°08 '44" WEST, 480.00
FEET TO THE MOST SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED POWAY
SQUARE , A LIMITED PARTNERSHIP. RECORDED DECEMBER 29. 1971 AS FILE/PAGE NO.
303142, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY
et ,, : 781
• RECORDING REQUESTED BY:
POWAY MUNIL.IPAL WATER DISTRICT 79-411263
AND WHEN RECORDED MAIL TO FILE/PAGE NO.
BOOK 1979
RECORDED REQUEST OF
NAME oway L4uclicipal Yater Distri t TITLE INSURANCE & TRUST CO.
sTREAffico: 12321 Oak Knoll Roa OCT 3 8:00 AM'79
ADD Rift iling: P. 0. Box 348 OFFICIAL RECORDS
Poway, California 92064 SAN DIEGO COUNTY, CALIF.
CITY RECORDER 4
STATE �f`
ZIP This space for Recorder's use 1M
TT;
r_ I ; - 1 -_ • • NO DOCUMENTARY TRANSFER TAX NO FEE
i6ORtq % NAL
GRANT OF RIGHT OF WAY
EDWAk:.J C. ' .LOU and BARZA 'j J. ' LC , C(.-TtR!'STEES, umler :eclaratlon of Trust
dated 0lceeter 14. 1972 , as Grantor, for and in consideration of the sum of One Dollar and
POWAY 1p1°1ICIPAL MATE: DISTRICT. 3 puii1c ccr,orAtlor
other valuable consideration paid by
as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said
Pay!-Y 'i;. .ICIPAL hATEK DISTkIGT
its successors and assigns, an easement of right of way 20'00 feet in width in, upon, over, under, and across the
lands hereinafter described, to erect, construct, reconstruct, replace,repair,maintain and use a pipeline or pipelines for any and
all purposes, together with their necessary fixtures and appurtenances including but not limited to facilities for power trans-
mission and communication purposes, at such locations and elevations, upon,along, over and under the hereinafter described
right of way as Grantee may now or hereafter deem convenient and necessary from time to time,together with the right of in-
gress thereto and egress therefrom,to and along said right of way by a practical route or routes in,upon,over and across the here-
inafter described lands,together with the right to use said right of way for access to Grantee's rights of way situated in adjacent
lands.
The lands in which said easement of right of way is hereby granted are situated in the County of
State of California, and are particularly described as follows, to wit:
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST . SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO. STATE OF CALIFORNIA . ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ALL THE PARCELS OF LAND DESIGNATED AND DESCRIBED
AS PARCELS 62356-A THROUGH F. INCLUSIVE . IN DEED TO THE COUNTY OF
SAN DIEGO. RECORDED NOVEMBER 13. 1963 AS INSTRUMENT NO. 202933.
ALSO EXCEPTING FROM SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER THAT
PORTION LYING EASTERLY AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER ; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST
QUARTER. NORTH 89°08 '44" WEST ( RECORD - NORTH 89008 . 30" WEST ACCORDING TO
RECORD OF SURVEY N0. 2407. NORTH 89°11 ' 00" WEST ACCORDING TO COUNTY ROAD
SURVEY NO. 335-17 ; NORTH 88°41 ' 47" WEST ACCORDING TO COUNTY ROAD SURVEY
NO. 1713) . 32.62 FEET ENGINEER ' S STATION 228 PLUS 00. 37 P.O.T. ON THE
CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 1713 ; THENCE ALONG THE CENTER
LINE OF COUNTY ROAD SURVEY NO. 335. DATED APRIL 1917. NORTH 00°09' 51"
WEST (RECORD - NORTH 00°10'00" WEST . ACCORDING TO SAID COUNTY ROAD SURVEY
NO. 335. AND NORTH 00°20'04" WEST ) 115.02 FEET TO THE NORTHERLY LINE OF
THE SOUTHERLY 115.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER AS DESCRIBED IN PARCEL 62356-B IN DEED TO THE COUNTY OF SAN DIEGO.
RECORDED NOVEMBER 13, 1963 AS FILE NO. 202933 ; THENCE ALONG THE SAID
NORTHERLY LINE , NORTH 890O8"44" WEST TO A LINE WHICH IS PARALLEL WITH AND
42 .00 FEET WESTERLY OF AND MEASURED AT RIGHT ANGLES TO SAID COJRSE ABOVE
DESCRIBED AS NORTH 00°09' 51 " WEST BEING THE NORTHWEST CORNER OF THAT
PORTION OF COUNTY ROAD SURVEY NO. 1723 . AS DESCRIBED IN SAID PARCEL
62356-B; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 62356-B. AND THE
SOUTHERLY PROLONGATION THEREOF. SOUTH 00009 ' 57" EAST TO THE NORTHERLY LINE
OF THE SOUTHERLY 50.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER ; THENCE ALONG THE SAID NORTHERLY LINE NORTH 89°08 '44" WEST, 480.00
FEET TO THE MOST SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED POWAY
SQUARE . A LIMITED PARTNERSHIP. RECORDED DECEMBER 29. 1971 AS FILE/PAGE NO.
303142. ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY
LINE OF POWAY SQUARE LAND, NORTH 00°51 ' 16" EAST ( RECORD - NORTH O1° 18 ' 13"
EAST PER DEED ) 380.00 FEET TO THE MOST NORTHWEST CORNER OF SAID POWAY
SQUARE ; THENCE ALONG THE NORTHERLY LINE OF SAID POWAY SQUARE LAND. TO AND
ALONG THE NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF DEED TO
SAFEWAY STORES, INCORPORATED, RECORDED MAY 24 . 1971 AS FILE NO. 107125,
SOUTH 88°41 '47" EAST, 502.25 FEET . MORE OR LESS. TJ THE WESTERLY LINE OF
PARCEL 67018 IN THAT FINAL ORDER OF CONDEMNATION OE THE SUPERIOR COURT OF
THE STATE OF CALIFORNIA , A COPY OF WHICH RECORDED JUNE 2 , 1969 AS FILE NO.
97071.
AND ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN PARCEL 68288 IN FINAL ORDER
OF CONDEMNATION OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA . RECORDED
JUNE 2 , 1969 AS FILE NO. 97070 AND OF THE LAND DESCRIBED IN SAID PARCEL
67018 IN THE FINAL ORDER OF CONDEMNATION ABOVE DESCRIBED.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY
170.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE
WESTERLY LINE OF COUNTY ROAD SURVEY NO. 335, ACCORDING TO PLAT THEREOF ON
FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY ; THENCE
ALONG THE WESTERLY LINE OF SAID ROAD SURVEY NO. NO. 335, NORTH 00°10' 00"
WEST TO THE BEGINNING OF A TANGENT 175.00 FOOT RADIUS CURVE. CONCAVE
SOUTHEASTERLY ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF COUNTY ROAD SURVEY NO. 910,
ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF
SAN DIEGO COUNTY ; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO AN
INTERSECTION WITH A LINE WHICH BEARS NORTH 00°10' 00" WEST FROM THE POINT
QF BEGINNING; THENCE CUNT1NUING WESTERLY ALONG THE SOUTHERLY LINE OF SAID
ROAD SURVEY NO. 910, A DISTANCE OF 180.00 FEET; THENCE SOUTH 00° 10' 00"
EAST, 110.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 140. 00 FEET OF
SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE 15.00 FEET TO THE WESTERLY LINE OF THE
LAND DESCRIBED IN QUITCLAIM DEED TO SIMON MILLER , ET AL . RECORDED
JULY 7. 1964 AS FILE NO. 121876 ; THENCE ALONG THE WESTERLY AND SOUTHERLY
LINE OF SAID LAND LAST MENTIONED AS FOLLOWS : SOUTH 00° 10'00" EAST. 30.00
FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER ; AND EASTERLY ALONG SAID SOUTHERLY LINE ,
165.0D FEET TO THF POINT OF BEGINNING.
'D ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION
'EDF, IF ANY, WHICH MAY BE INCLUDED WITHIN THAT PORTION OF THE
PLY 197.48 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER.
NORTHERLY OF THE NORTHERLY LINE OF SAID COUNTY ROAD SURVEY NO. 910.
8 t3
)']'r)i k e p4F 4;kcY. Said ca_seme•nt of right of way in the aforesaid lands is particularly described as follows
All that portion of the property described above included within a strip of
land 20.00 feet of even width, the center line of said 20.00 foot wide strip
of land being described as follows :
Beginning at a point on the Westerly line of said Southwest Quarter of the
Northeast Quarter of Section 13, distant thereon North 2°18' 56" East 376.06
feet from the Southwest corner of said Southwest Quarter of the Northeast
Quarter; thence South 88°43'41 " East 598.34 feet; thence South 1°16' 19" West
376.00 feet to the Southerly line of said Southwest Quarter of the Northeast
Quarter.
EXCEPTING therefrom, those portions thereof lying within the Westerly 33.00
feet and the Southerly 50.00 feet of said Southwest Quarter of the Northeast
Quarter of Section 13.
NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
{:uJaylY' fCfrit"
(ka-f r )1.51-r i C
Grantor and thc.i r successors in estate shall not erect or construct,or permit to be erected or constructed,any building
or other structure,plant any tree or trees,or drill any well or wells,within the limits of said right of way.
Grantee shall have the right to erect,maintain and use gates in all fences which now cross or shall hereafter cross said route or
routes,and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the con-
venient and safe exercise of the rights hereby granted,the right to transfer and assign this easement in whole or in part being here-
by granted to the Grantee.
Grantor agrees that no other easement or easements shall be granted on,under or over said strip of land by Grantor,without
the previous written consent of Grantee.
It is also understoodand agreed by the parties hereto that the Grantor and `h`i r
successors or assigns,shall not increase
or decrease,or permit to be increased or decreased, the existing ground elevations of the above described right of way,existing
at the time this document is executed,without the previous written consent of the Grantee.
in if intros Whereat'. the Grantor S hive executed these presents this day of- , 19.
Executed in the Presence of.
!' 7
•
Witness. Trustee
Witness. �• , q Trustee
TAX PARCEL NO. 317_1.00_33 % / y
R/W No. __ 10b556
DRAWN BY /1115
CHECKED BY
ACCT. NQ, C—P�?i-215-0? NOTARIES—USE PROPER FORM ON BACK.
July ib, 19791J1S FILEDATE
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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 RIGHT OF WAY dated SEPTEMBER 6, 1979
from EDWARD C. MALONE AND BARBARA J. MALONE, CO-TRUSTEES, under
Declaration of Trust dated December 14, 1972 .
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 21, 1979
POWAY MUNICIPAL WATER DISTRICT
By
Harry Barber Gen. Mgr.Ti le
(2-79 )
AI
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L INE EASEMENT
Project: POWAY CENTER - TRACT 3844- 1
References : PLAT C.A.N. C-R03- 275-00_
of easements required by the R/W # /055588
Poway Municipal Water District Tax Par. 3/7-/30-33
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