Easement Deed 1967-72894 li C E I V E 1 FILEIPAGE NO 'r
1_ 1967 RECORDED AT REQUEST OF
Poway Munlaaal Mw ate► Dtstrlct
AY 2 31967 �2
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SERIES 8 BOOK 1967
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EASEMENT DEED SAN DIEG3 COUI•:fr CAtt14JRioA
A S C'Ar. COUNTY R CDRD[k ,tvO
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, JAMES E. FITZGERALD and ELSIE C. FITZGERALD,
husband and wife as joint tenants, herein referred to as Grantors, grant to
POWAY MUNICIPAL WATER DISTRICT, a public corporation organized
and existing under the Municipal Water District Act of 1911, herein referred
to as Grantee, the easements hereinafter described in, upon, under, over
and across the property referred to and for the purposes designated.
This instrument is given in view of the following facts:
The predecessors in interest of Grantors had agreed to
furnish Grantee with sufficient easements and rights of way
to enable Grantee to construct and maintain pipelines for the
purpose of serving water to the property of Grantors and
adjacent properties and to construct and maintain on the
property of Grantors a reservoir and appurtenant structures
suitable for the delivery of water to the area, together with the
right of ingress and egress along the rights of way given to
Grantee or along other convenient and suitable routes to the
facilities of Grantee. Through inadvertance some, but not all
of the easements and rights of way were conveyed of record to
Grantee. Grantors have commenced an action in the Superior
Court of San Diego County, Proceeding No. 298994 seeking to
quiet title as against Grantee and the parties have agreed to
compromise their various claims which arise out of the con-
struction by Grantee of facilities upon properties belonging to
Grantors as to which no instrument of conveyance have been given.
This deed is given for the purpose of reaffirming the rights of
Grantee in the properties herein described and as a part of the
agreement between the parties by which the claims of Grantors
as set forth in the action above referred to have been compromised.
S1; StT4
EXHIBIT C `14- Ellyi'.i etirw 'c)
Doc .t 109
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1.
The property or interests therein which are hereby granted and
conveyed to Grantee consist of the following described easements in the
designated real property situated in the County of San Diego, State of
California:
PARCEL 1:
An easement in, under, over, upon and across the property
hereinafter described for the purpose of installing, constructing,
maintaining, replacing, enlarging, repairing and operating a
water storage reservoir and pipeline or pipelines with appurtenant
structures and facilities for the distribution, transportation and
delivery of water to and from said reservoir and pipelines,
together with the right of engress and egress for the purpose of
maintaining, repairing and operating the same. Grantee shall
also have the right under this easement to inlarge any structure
or to lay additional pipelines as may be required by it or
reasonably necessary in the performance of its functions.
The property comprising Parcel 1 is more particularly described
as:
All that portion of the Southeast Quarter of the Southeast
Quarter of Section 32, Township 13 South, Range 1 West, San
Bernardino Meridian, in the County of San Diego, State of
California, according to the United States Government Survey
thereof described as follows:
Beginning at the Northwest corner of the Southeast Quarter
of the Southeast Quarter of said Section 32; thence South 2° 04' 51"
West along the West line of said Southeast Quarter of the South-
east Quarter, a distance of 101. 40 feet; thence North 64° 21 ' 51"
East 78. 36 feet to the TRUE POINT OF BEGINNING; thence
North 25° 38' 09" West 45. 00 feet; thence North 64° 21' 51" East
100. 00 feet; thence South 25° 38' 09" East 85. 00 feet; thence
South 64° 21' 51" West 48. 04 feet; thence North 85° 38' 05" West
60. 00 feet; thence North 25° 38' 09" West 10. 00 feet to the TRUE
POINT OF BEGINNING.
PARCEL 2:
An easement for road purposes in, under, over, upon and
across a strip of land 30. 00 feet wide, lying within the Southeast
Quarter of Section 32, Township 13 South, Range 1 West, San
Bernardino Base and Meridian, in the County of San Diego, State
of California, according to United States Government Survey,
approved November 19, 1880, the center line of which is described
as follows:
Beginning at the Southwest corner of the Northwest Quarter
of the Southeast Quarter of said Section 32; thence along the
West line of said Northwest Quarter of Southeast Quarter, being
along the West line of land described in Deed to Ross J. Garofalo,
et ux, recorded June 6, 1955, in Book 5668, Page 289 of Official
Records; North 2° 32' 07" East, 391. 22 feet to the Northwest
- 2 -
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corner of said Garofalo land being designated for the purposes
of this description as Point "A"; thence along the North line of
said Garofalo land, South 89° 42' 57" East, 557. 00 feet; thence
at right angles South 0° 17' 03" West, 15. 00 feet to the TRUE
POINT OF BEGINNING; thence South 89° 42' 57" East, parallel
with the South line of said Northwest Quarter of Southeast
Quarter, 461. 97 feet to the beginning of a tangent 150. 00 foot
radius curve, concave Southwesterly; thence Easterly and South-
easterly along said curve, through a central angle of 37° 57' 27"
a distance of 99. 38 feet to the point of tangency; thence South
51° 45' 30" East 21. 44 feet to the beginning of a tangent 150. 00
foot radius curve, concave Southwesterly; thence Southeasterly
along said curve, through a central angle of 24° 57' 00" a distance
of 65. 32 feet to the point of tangency; thence South 26° 48' 30"
East, 62. 85 feet to the beginning of a tangent 150. 00 foot radius
curve, concave Westerly; thence Southeasterly and Southerly
along said curve, through a central angle of 26° 59' 30" a distance
of 70. 66 feet to the point of tangency; thence South 0° 11 ' 00"
West, a distance of 55. 36 feet to the beginning of a tangent 100. 00
foot radius curve, concave Northeasterly; thence Southerly and
Southeasterly along said curve, through a central angle of 68° 20'30"
a distance of 119. 28 feet to the point of tangency; thence South
68° 09' 30" East, 74. 74 feet, more or less, to a point in the East
line of the Southwest Quarter of the Southeast Quarter of said
Section 32; distant thereon South 2° 05' 01" West, 18. 91 feet
from the Northeast corner of said Southwest Quarter of Southeast
Quarter and the end of this easement.
The side lines of this easement are to be prolonged or shortened
so as to terminate in the East line of said Southwest Quarter of the
Southeast Quarter of said Section 32.
PARCEL 3:
An easement for road purposes over and across a strip of land
20. 00 feet of even width situated within the Southeast Quarter of
the Southeast Quarter of Section 32, Township 13 South, Range 1
West, San Bernardino Meridian in the County of San Diego, State
of California, according to the Official Plat thereof, the center line
of said 20. 00 foot wide strip of land being described as follows:
Beginning at the Easterly terminus of the center line of the 30. 00
foot wide strip of land described in Parcel 2 above; thence along the
Southeasterly prolongation of said center line, South 68° 09' 30' East
to the Westerly boundary of the property described in Parcel 1 above.
The sidelines of the above described 20. 00 foot wide strip of
land shall be prolonged or shortened as necessary so as to terminate
on the West in the Westerly line of said Southeast Quarter of the
Southeast Quarter of Section 32, and to terminate on the East in the
Westerly boundary of the property described in Parcel 1 above.
PARCEL 4:
An easement for road purposes in, under, over, upon and across
a strip of land 30. 00 feet of even width situated within the Northwest
Quarter of the Southeast Quarter of Section 32, Township 13 South,
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Range 1 West, San Bernardino Meridian in the County of San
Diego, State of California, according to the United States
Government Survey approved November 19, 1880, said 30. 00
foot wide strip of land lying Southerly of, and immediately
adjoining the following described line:
Beginning at the point designated in Parcel 2 above as Point
"A"; thence along the North line of the aforementioned Garofalo
land, South 89° 42' 57" East 557. 00 feet.
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DATED: ., i._ May 12, 1967.
.re
James E . Fitzgerald
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Elsie C . Fittz v
rald
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
Onit �:J , before me, the undersigned, a Notary
Public in and for said State, personally appeared JAMES E. FITZGERALD
and ELSIE C. FITZGERALD, known to me to be the persons whose names
are subscribed to the within instrument and acknowledged that they executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL ...,� WALTER W. KINNEY, JR.
P. —i �""� WALTER W. KINNEY, JR. My Commission Expires Jan. 11, 1969
l'Z# �� NOTARY PuBLICALIFORNIA /U 7r:rij - .�{I ..
. jw: PRINCIPAL OFFICE IN ' ,
SAN DIEGO COUNTY Notary Public in and for said
County and State .
(SEAL)
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After recording , please return to: r
Poway Municipal Water District - 4 %hi 5" 'Lz-I-7 ar .idc -rt-f-�
P. 0. Box 348, Poway, Ca . 92064
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