Grant of Easement 1980-197329 ? (-
•
•
TitANSAMERICA TIT 1S . 10. MD 80-197329
RECORDING REQUESTED BY: FILE/PAGE NO.�_._
BOOK 1980
RECORDED REQUEST OF
Poway Municipal Water District TRANSAMERICA TITLE CO.
JUN 23 8:00 AM '80
AND WHEN RECORDED MAIL TO OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
NAME Poway Municipal Water District y�y C �YLB
P. O. Box 348 RECORDER
STREET
ADDRESS 12324 Oak Knoll Road NO FEE
CITY Poway
STATE l f o rn i a This space for Recorder's use
ZIP 4
Title Order No. 27829 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 conlmItpi_ty__pro.er't,
(hereinafter "GRANTOR") hereby grants to POWAY MUNICIPAL WATER DISTRICT
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 20.00
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 therefore, together with the right of ingress and egress from the easement by a practici i
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 therefore.
The land encompassing this easement is situated in the County of- San D1 ego , 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.
QUt�' e_Isairne4 8 72.
FILE
- tL r,. L - - DOC. # 3 4/9
•
• 1858
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 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.
9th June 80
X111 Witnrss 1]3t)errof, the GRANTOR has executed this Easement this day of , 19
Executed i e Presence of/�
( B t_!__. ��.. .. .14.k7.• 414/%1 ..
Witness.
' 41Ik Q.. Gs-L.30r--
Witness.
,
R/W No.
27829 , ,+
DRAWN BY
/
CHECKED B
ACCT. NO. C-P03-293-00
DATE May 18. 1980/mb
BEC(C)—Ri W(80)
• 18 :' 9 M
EXHIBIT "A"
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 center line 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) 412.90 feet from the
Southeast corner of said Parcel 3; thence North 1°17'22" East 280.00 feet;
thence South 88°42'38" East 84.77 feet.
The sidelines of the above described 20.00 foot wide strip of land shall be
shortened or prolonged as necessary so as to terminate on the East in the
location and prolongations of a line which bears North 4°55'18" East from the
Easterly terminus of the above described center line.
R/W No. 27829
. 1860
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.
3111 /)itntss /AWOL 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. e
14
County of./.11 / R }88
On this /" day of... (,i.WC A.D., 19SQ., before me,..DODO 4a#1,41 /A&
a Nptary Public in and for the said County and State residing therein, duly commissioned and sworn, personally appeared
494, 84 f}N p EVEL YA/ F. G12.44.i B
personally known to me to be the persopl....whose name$X
subscribed to the within Instrument, and duly
acknowledged to me that 4hey executed the same.
31n Witness tftal,I have hereunto set my hand and affixed my official seal the day and year,j0i:'tb c2".rtAfichte. first
above written. O.. `"'
1264.441.44ix .i.cyl., ' ..
My Commission Expires Oct. 2, 1981 ""441:4
>ti +�
Notary Public in and for said County VSt t4. 0 N 3F'4
,Ptihvti0`.'.f':
"^,,-, :;',1.,;0 "
11
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 persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
.ft Witnts /VINfrot,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.
• goo
,- r� •
a
6.
:
•• •
• ...../..••..,4' 4"-14-
•
`1
1v3 .,
j ,=jn
' 410 f‘•
f" (r 1
`.
veet \C
a .
f o .vim..v•�.� _
o
w . p,Je '..A N �. w _ `•
a v- •••
iiS
ez
02A , (v. - I� rn a
D c.. C
�: 13 u,. M r, yts‘ r
`�. I, ,Or woe « ': `"
0 1,J
-- •+ =-r ,- RS 335 H W Y. VAC.
%rnN MIDLAND ` PM-1875 •4.jO . • • ,%4t
t.,.,....
f� `
1
• 1 Pon 'f
•
'' I0
CO 9 n Co
No
ko
co
V m P
I c� j 0:•
• \
CP
••
••
•
•
•
y -' '
•6
rn � •. ! :N a
- . p n'
7 :� V
•
: •U •
N
O 1 r �C
0 r ••
•
.... •
- :vs -/G:o�:-.e..!..,!' 5
N r\.) / -�' '-e �s �.,� •
u
s� Z, 1 Ze41 1 (\j-nLli\.
•
of i • �. IoW ��
cz,j rl ...:
`� • i -
1 1 : 1
• I-I
1 wIA a •�.� r3. V G :
r•
!s � `�I�, {iy "-- M C
' I ':
I i .i W I .
.t>