Loading...
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 Ar-.. F;sr SERIES 8 BOOK 1967 officIaL Rt CORDS cc 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 • • • a 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 - • • • • 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, - 3 - i • 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. Thlxvusz t:bermgr rttedCandBgrrated •:Rsxu_ect:S:isx4S r1 ktt `. inrxaaxztc3tru ent.rrecorxderslthexoffliCeClaf: xy;Rca er of 14 :d git: Q ':iilc rtalc)ri3 4: 'at :5id2xfor:. a :• :rel'ated-pct aex Stttctlxffnct :RSste edi :iax:‘sarRe ertt C DATED: ., i._ May 12, 1967. .re James E . Fitzgerald ... .ji^, ' -- , i i_c_Z_ ( . --- A.2.-4-- __/).__(,..__P - - 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) in IS 10 ClA;IfT tNl the ntrn-1 n Ili!Dowry cameral A too .,'1 a,coat j - __Sl►s.e C. .Firxw ±/d ... . ._ t, PL, t t:i'::k1 WAT.Y C;";,CT, a ,i cal arxu'ca u henby zxetal.W atfa c1 the 9'aH a1 Ceeen of a::f.c: c',on t71111 I Le_‘ `—IL 1 W W i,.:;1/4 W.a U(a 14c,C...w4 i,:. ut ay,t,Wiy 1.44.1411 Wm. 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 plir . . ' 0 . .. • ' * :. • '. • ' • ' - . .. '' •. . ( . • 7 y C . • 1 (Dcscri;cfion jjatcd! 7/9/6,6 I1 r + 5 300 20,(errrdEa ed sP,2c/7f I /^ -\ \ I ,Fmk 6/39 f<7ge 525 '.-..- �) ` 0 .` O.P., Pore.Y Fr-sf ,� ' Cat/se Of.4cf;o•7 : 3 -- -- 2.50 AC. • SCC 42989.94 , serrair 67Ie per. Fra. 2, c • ---------/ 20 corded Ease 77eof -second Copse o/Actin, o �__�_ SCC ' 296996 I gevsk Po9c54COR • '�JJ /YO///!Gk/dcd iii rd d j :7". 6.0/77i10//2f ' rn S , C)r EP r i . Fi/Iyer°/d,, e t ?.,,A, o FrcPerf'y L'-SGriF 14.,;-,r) .0 Fnrc. LP, F/rr"�n//fr ° ,^,f Arian,$CC Q98994 L oo s ,),.. • O ,. ,,,,, , 5.84 AC. o — P F cp i �i . —1-, \I • \ , c) I� , W 30 L ' 2 Al 09 LL1 • . • //-) I 0 d - 0 8.76 AC. Sal t/ f0 r • d • .I . ; m tiGT pArZ ca Dc)C. reccrtAezi r. EXHIBIT B R4.. tcc. 10 q .•