Grant of Easement 1980-245578 •
•gid SO--2. 5578
FILE/PAGE NO.
TRANSAMERICA TITLE INSURANCE CO. BOOK 1980-RECORDED REST OF
RECORDING REQUESTED BY: TRANSAMERICA TITLE j+
POWAY MUNICIPAL WATER DISTRICT /`� AUG 1980
AT ` - MINUTES PAST o m
OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO SAN DIEGO COUNTY, CALIFORNIA
RECORDER
NAME Poway Municipal Water NO FEE
District
STREET
ADDRESS 12324 Oak Knoll Road
CITY Poway
STATE California
ZIP 92064 This space for Recorder's use
Title Order No. 27877 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 317-130-33
GRANT OF' EASEMENT
POWAY TOWN AND COUNTRY SHOPPING CENTER, a California 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____1Q.1]Q
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,
hut 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 _Sao__Diegn , State of California, and is more
particularly described as follows, to wit:
Lots 2, 3, and 4 of County of San Diego Tract No. 3844-1 , in the County of
San Diego, State of California, according to the Map thereof No. 9561 , filed
in the Office of the County Recorder of said San Diego County February 20, 1980.
FILE
�1
DOC. # 3 So
CC ; PRA'LMAN-K - 5600 . Powoy ENTE2
~ . . _
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. f�l/n
It I/N(11M Wilfred, the GRANTOR has executed this Easement this___Y_�fl________day of °"`- , 19 3/4
Execud the Pre�snce of:
ft
Vr ass.
Witness.
R/W No. 27877 ,
DRAWN BY �/'
CHECKED BY
ACCT. NO. C-P03-275-00
DATE July 21 , 1980/mb
`
BEC(C)—R/w(Bo)
. .. • uau •
EXHIBIT "A"
All those portions of said Lots 2, 3, and 4 included within the 10.00
foot wide strips of land described in Parcels 1 through 7 inclusive as
follows:
Parcel 1 :
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows:
Commencing at a point on the Westerly line 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 the
Official Plat thereof, distant thereon North 2°18'56" East 376.06 feet from
the Southwest corner of said Southwest Quarter of the Northeast Quarter,
being the Westerly terminus of the center line of that certain 20.00 foot wide
strip of land as described in Deed to the Olivenhain Municipal Water District,
filed in the Office of the County Recorder of said San Diego County October
3, 1979, as File/Page No. 79-411263 of Official Records; thence along said
center line South 88°43'41 " East 116.00 feet to a point hereinafter referred
to as Point "A"; thence North 1°16'19" East 10.00 feet to the Northerly line
of said 20.00 foot wide strip, being the TRUE POINT OF BEGINNING; thence
continuing North 1°16'19" East 44.00 feet.
Parcel 2:
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at the point designated in Parcel 1 above as Point "A"; thence
continuing along the center line of said 20.00 foot wide strip, South 88°43'41 "
East 90.00 feet to a point hereinafter referred to as Point "B"; thence
North 1 °16'19" East 10.00 feet to the Northerly line of said 20.00 foot wide
strip, being the TRUE POINT OF BEGINNING; thence continuing North 1°16'19"
East 40.00 feet.
Parcel 3:
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows :
Commencing at the point designated in Parcel 2 above as Point "B"; thence
continuing along the center line of said 20.00 foot wide strip, South 88°43'41 "
•
East 45.00 feet to a point hereinafter referred to as Point "C" ; thence
North 1°16'19" East 10.00 feet to the Northerly line of said 20.00 foot
wide strip, being the TRUE POINT OF BEGINNING; thence continuing North 1°16'19"
East 30.00 feet.
---continued---
Page 1 of 2
R/W No. 27877
•
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EXHIBIT "A" continued---
Parcel 4:
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows:
Commencing at the point designated in Parcel 3 above as Point "C"; thence
continuing along the center line of said 20.00 foot wide strip, South
88°43'41 " East 300.00 feet to a point hereinafter referred to as Point
"D"; thence North 1°16 '19" East 10.00 feet to the Northerly line of
said 20.00 foot wide strip, being the TRUE POINT OF BEGINNING; thence
continuing North 1 °16'19" East 5.00 feet.
Parcel 5:
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows :
Commencing at the point designated in Parcel 4 above as Point "D"; thence
continuing along the center line of said 20.00 foot wide strip, South 88°43'41 "
East 47.34 feet to an angle point therein; thence continuing along said center
line, South 1 °16' 19" West 31 .66 feet to a point hereinafter referred to as
Point "E"; thence North 88°43'41 " West 10.00 feet to the Westerly line of said
20.00 foot wide strip, being the TRUE POINT OF BEGINNING; thence continuing
North 88°43'41 " West 15.00 feet.
Parcel 6:
A strip of land 10.00 feet of even width , the center line of said 10.00
foot wide strip of land being described as follows:
Commencing at the point designated in Parcel 5 above as Point "E" ; thence
continuing along the center line of said 20.00 foot wide strip, South 1°16'19"
West 38.00 feet to a point hereinafter referred to as Point "F" ; thence South
88°43'41 " East 10.00 feet to the Easterly line of said 20.00 foot wide strip,
being the TRUE POINT OF BEGINNING; thence continuing South 88°43'41 " East 10.00 feet.
Parcel 7:
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows :
Commencing at the point designated in Parcel 6 above as Point "F"; thence
continuing along the center line of said 20.00 foot wide strip, South 1 °16'19"
West 162.00 feet; thence North 88°43'41 " West 10.00. feet to the Westerly line
of said 20.00 foot wide strip, being the TRUE POINT OF BEGINNING; thence
continuing North 88°43'41 " West 30.00 feet.
Page 2 of 2
R/W No. 2.7877
•
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• y �
California PARTNERSHIP FORM
STATE OF.. Sari 1)
County of a ego ss
On this 28th day of J1,Uy A.D., 19 80 before me,.•�`!?r•�•x •..�1.....Wi.l i
a Notary Public in and for the said County and State, residing therein, duly commi$ Oed and sworn, personally appeared
Robert W. Carson § Michael R. Perry known to me to be NIX of the partners of the partnership that
executed the within instrument, and acknowledged to me that such partnership executed the same.
Al Witness Wined,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
MtitiYWti
OFFICIAL K/1t.
ti MARLYS A. WILLIS
75NOTARY PUBLIC•CALIFORNIA Nota ; • .lic in and for said County and State.
4 \�"1„.117,75`i.3.
'�►� � Principal Office.n San Diego County
�^' My Commission Exp.Oct.21.1983
GENERAL FORM
STATE OF
County of sa
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
personally known to me to be the person whose name subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
Mn Witness Mitred, 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.
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.
Mn Witness Whereof,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.
_t.
• . .
J J 0
COUNTY OF SAN DIEGO N
TRACT NO. 3844— I
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POWAY ROAD
1 I .. INDICATES WATER
LINE EASEMENT
Project: POWAY CENTER
References : PLAT C .A.N. C-P03-275-00
PM.W.D. DOC. 326 of easements required by the R/W = 27877
Poway Municipal Water District Tax Par. 317- 130-33
carBores E coi Base Map 2
Scale: / .= /00Date: JULY 2/, /980
c QIISUItInQ •tlQln •r% / •fclllt•ct•
i 410
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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 July 28, 1980
from Poway Town and Country Shopping Center, a California
General Patnership
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: July 29, 1980
POWAY MUNICIPAL WATER DISTRICT
By
Harry ar er General Manager
(2-79)