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Grant Deed 1975-317953 • After recording return to: 75 - Iris 53 Poway Municipal Water District Post Office Box 348 13 Poway, California 92064 Documentary Transfer Tax $ None Title Order No. 291612-R Tax Parcel No. 275-260-02, -03, -04 nib I RECORDER: V Please make no charge © for recording the att- ached t t acheddinstrument. It GRANT DEED, GRANT OF EASEMENTS, Is being recorded In coov- RESERVATION OF EASEMENTS AND AGREEMENTS ernnecflan gea y tr ernmental Agency tra• nsoc!on. THIS AGREEMENT is made and entered into as of this 5th day of August , 1975, by and between HOWARD G. SMITS and GWEN LAURIE M. SMITS, husband and wife (together hereinafter called "Grantor" ) , and POWAY MUNICIPAL WATER DISTRICT, a public corporation (hereinafter called "Grantee" ) : WITNESSET H: WHEREAS, Grantor is the owner of certain real property located within the unincorporated area of the County of San Diego, California; and, WHEREAS, Grantor intends to grant to Grantee a portion of said real property more particularly described as Parcel 1 and Parcel 2 on Exhibit "A" attached hereto and made a part hereof; and, WHEREAS, Grantor wishes to reserve from the grant of Parcel 1 and Parcel 2 an easement as hereinafter described (hereinafter called the "Reserved Easement" ) ; and, WHEREAS, Grantee wishes to obtain two (2) easements as herein- after described in real property owned by Grantor in addition to the !�'� he . 23/ • • • 1 : 75 • grant of Parcel 1 and Parcel 2 (hereinafter called "Easement 1" and "Easement 2" ) ; NOW, THEREFORE, it is agreed as follows: 1 . Grant and Reservation. For valuable consideration Grantor hereby grants to Grantee that certain real property located in the County of San Diego, California, more particularly described as Par- cel 1 and Parcel 2 on Exhibit "A" attached hereto and made a part hereof, reserving therefrom the easement described below as the "Reserved Easement, " and further grants to Grantee the easements described below as "Easement 1" and "Easement 2 . " 2 . Easement 1 . Easement 1 granted herein is a non-exclusive easement for drainage purposes, including the right to install and maintain a drainage pipeline, and is appurtenant to Parcel 1 described on Exhibit "A" attached hereto. The location of Easement 1 is over, under, upon and across a strip of land 10.00 feet in width situated within that certain parcel of land delineated and designated as Par- cel 66 on Record of Survey Map No. 3842 filed in the Office of the County Recorder of San Diego County, California on February 15, 1956, being a portion of Section 36, Township 13 South, Range 2 West, San Bernardino Meridian, the center line of said 10. 00 foot wide strip of land being described on Exhibit "B" attached hereto and made a part hereof. Easement 1 includes the incidental right to spill water upon the lands of Grantor from the Southerly terminus of the 10. 00 foot wide easement, the center line of which is described on Exhibit "B" attached hereto. Any pipeline installed within that portion of the location of Easement 1 located within that certain 50.00 foot wide -2- i • �s • strip of land delineated and designated as "50 . 00 foot Easement Reserved for Road" on said Record of Survey Map No. 3842 shall be installed underground. Grantee shall , upon the request of Grantor and at Grantee' s expense , relocate the elevation of any pipeline installed in the 10 . 00 foot strip easement area as may be necessary to maintain said pipeline twenty-four (24) inches below the finished grade of any roadway constructed from time to time on said "50 . 00 foot Easement Reserved for Road. " 3 . Easement 2 . Easement 2 granted herein is an exclusive easement in gross . The location of Easement 2 is a strip of land 25 . 00 feet of even width, the sidelines of said 25. 00 foot wide strip of land lying 12 . 00 feet Westerly and 13. 00 feet Easterly , respectively measured at right angles and radially from the line described on Exhibit "C" attached hereto and made a part hereof . Easement 2 is for the purpose of erecting, constructing, reconstruct- ing, replacing, repairing, maintaining and using an underground pipe- line or pipelines , together with necessary fixtures and appurtenances including, but not limited to, underground facilities for power trans- mission and communications. Easement 2 shall include the incidental rights of access and of ingress and egress within said 25 . 00 foot wide strip of land. Grantor and their 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, but may use the right of way for road purposes and for making reasonable utility crossings with appropriate verticle separations so long as such use does not interfere with Grantee ' s existing or hereinafter placed improvements within said right of way. -3- 77 IIIGrantee shall? have the right to erect, •intain 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 convenient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being hereby granted to the Grantee. Except as otherwise provided herein, 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 understood and agreed by the parties hereto that the Grantor and their successors or assigns , shall not increase or decease, 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 . 4 . Reserved Easement. (a) The Reserved Easement reserved herein is a nonexclusive easement in gross for roadway ingress and egress and utility purposes and is located on, over, under and across those portions of Parcel 1 and Parcel 2 described on Exhibit "A" attached hereto and made a part hereof which are located within that certain 50 . 00 foot wide strip of land delineated and designated as "50 . 00 foot Easement Reserved for Road" on said Record of Survey Map No. 3842 referred to above. (b) The Reserved Easement includes the following uses : to construct, maintain, repair, replace and remove a roadway for vehicular and pedestrian traffic and to use the same for access , ingress and egress ; -4- to ins 1, erect, operate , maint411, repair, re- place and remove utility lines and pipes of all kinds and types including, without limitation, facilities for the transmission of gas , electricity , telephone water, sewer, telegraph and television. Grantee shall have the right to assign its right under this instru- ment and to assign the easement rights created hereby, in whole or in part, or parts , to other persons, entities and corporations , in- cluding any public entity or public utility or district. No such assignment, regardless of the number of such assignments or to whom such assignments are made, shall be considered an over- burdening of the easement created hereby. (c) The Reserved Easement includes the incidental right to create slopes by cutting and filling and to maintain such slopes on Parcel 1 and Parcel 2 described on Exhibit "A" attached hereto as may be necessary to construct and maintain a roadway on the Reserved Easement at the presently existing roadway elevations and to the standards of the County of San Diego, California from time to time existing. Where Grantee ' s improvements on Parcel 1 will not permit the toe of a 1-1/2 to 1 slope to occur at the edge of the Reserved Easement and at the presently existing roadway elevation such that said slope would be entirely outside of the Reserved Easement, Grantee hereby agrees that upon the written demand of Grantor, Grantee shall, at Grantee' s expense, promptly construct or cause to be constructed, a retaining wall along the edge of the Reserved Easement of sufficient height and length to contain a 1-1/2 to 1 slope entirely outside the boundaries of the Reserved Easement. Grantee further agrees to maintain all of said slopes to the stand- ards of the County of San Diego from time to time existing . Grantor -5- • 1 • E . 79 111 agrees not to demand such a toe wall unless it would be required to meet the standards of the County of San Diego existing from time to time . 5. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. 6 . Attorney' s Fees . In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the pre- vailing party shall be entitled to recover costs and reasonable attorney' s fees . The prevailing party shall be the party in whose favor a final judgment in a court of competent jurisdiction is entered. 7 . Binding Effect. This instrument shall bind and inure to the benefit of the respective heirs , personal representatives , successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instru- ment as of the day and year first hera3---19.• w ten. '_4111K S Iu CI IItt Mal Ir"Weil•utl f C trw•tp tttttwrr A r w••w HOWA• 41. e e /OMIT IOVAt T1AtE1 omelet I Ably OMAN.a WM,1r�-M �I ski rtrbra ranon asad kirkes -7.z`._.._. / S . I / //. M(Y prr midi*r mrlllr rsry LAIRIE M. POWAY MUNICIPAL WATER DISTRICT By 7L&L' General Manager -6- • 80 • •• TO 447 CA (4.73) (Individual) JTITIE INSURANCE AND TRUST I STATE OF CALIFORNIA ATICOH COMPANY fCOUNTY OF SANPDIEGO } ss. On /O " 1.g /,y 5 before me, the undersigned, a Notary Public in and for said State, per ally appeared HOWARD G. SMITS and GWEN LAURIE M. W SMITS ce W • I st , known to me , to be the person_ S whose names are subscribed • to the within instrument and acknowledged that 7-1)0✓ executed the same. , OFFICIAL SEAL 7j �.,ITNESS my red and official seal. _ .. • DORIS, LA ' ,E `m ., ,'i '(07,RY :'lrl'C C LifORNIA �iA t fR.iC.7 tl J.1 CH ;.i Signature ` "`�"-' / SAN D'_ .7 C.CrPCY s / My C �.m.ssion Expiry '1- Po�Pi s ,4�2,' e,& u. Name (Typed or Printed) (This area tar racial notarial ccal) TO 449 C (Corporation) O STATE OF CALIFORNIA } SS. COUNTYOF San Diego tOn August 25, 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared Harry Barber , w known to me to be the General Manager• •,, •,•.4••• ••• • • ••• •••• ce i marafixecxx xxxxxxxxxxxxxx XXI, of the corporation that executed the within Instrument, W known to me to be the person', who executed the within .4 Instrument on behalf of the corporation therein named, and t acknowledged to me that such corporation executed the within a instrument pursuant tox Mill OCY}F]67lili �tx Kmotion by its Boarcl o ectors _held Aug. 5, 1975 WITNESS my hand and official seal. • ..,- OFFICIAL SEAL R• (� �� ;! EVIA L. POWELL ) Signature d JC ; �STgr NOTARr PUBLIC CALIFORNIA �• SAN DIEGO COUNTY Evia L. Powell _ _ MYCommission Expires Aug.15,1976 Name (Typed or Printed) 13811 Tobiason Road, Poway, CA. 92064 mots area far~al semis!sad) L _ 81 PARCEL 1 : All that portion of that certain parcel of land delineated and designated as Parcel 66 on Record of Survey Nap No. 3842, filed in the Office of the County R cc rde r of said San Diego County February 15, 1956, being a portion of Section 36, Township 13 South, Range 2 West San Bernardino Meridian, in the County of San Diego, State of California, described as follows: Beginning at the most Northerly corner of that certain parcel of land delineated and designated as "Parcel 67" on said Record of Survey Map No. 3842, being a point on the arc of a curve, concave Northwesterly, having a radius of 400.00 feet, in the center line of that certain 50.00 foot wide strip of land, delineated and designated as "50.00 foot Easement Reserved for Rcad" on said Map 3842, a radial line to said point bears South 50°19'22" East; thence Northeasterly along the arc of said curve, through a central angle of 14°56'42" , a distance of 104.34 feet to the Northeasterly terminus thereof; thence radial to said curve, North 65°16'04" West 213.97 feet; thence North 84°05'04" West 87.37 feet to a point in the center line of said 50.00 foot glide strip of land, being a point on the arc of a 400.00 foot radius curve, concave Westerly, having a central angle of 28°00'00" as shown on said Record of Survey Map No. 3842, a radial line to said point bears South 84°05'04" East; thence along said center line as follows: Southerly along the arc of said curve, through a central angle of 8°05'20", a distance of 56.47 feet to the Southerly terminus thereof; tangent to said curve, South 14°00' 16" West 99.94 feet to the beginning of a tangent 100.00 foot radius curve, concave Easterly; Southerly along the arc of said curve, through a central angle of 60°00'00", a distance of 104.72 feet to the beginning of a compound curve, concave Northerly, having 'a radius of 125.00 feet; Easterly along the arc of said curve, through a central angle of 90°00'00", a distance of 196.35 feet; North 44°00'16" East 50.80 feet to the beginning of a tangent curve, . concave Northwesterly, having a radius of 400.00 feet; thence Northeasterly along the arc of said curve, through a central angle of 4°19'38", a distance of 30.21 feet to the POINT OF BEGINNING. PARCEL 2 : Parcel 67 of Record of Survey Map No. 3842, in the County of San Diego, State of California, said Map being filed in the Office of the County Recorder of San Diego County February 15, 1956, being a survey of a portion of Section 36, Township 13 South, Range 2 West, San Bernardino Base and Meridian according to the United St€.tes Government Survey. EXHIBIT "A" 1111- • L 82 S EXHIBIT "B" EASEMENT NO. 1 The lands in which Easement No. 1 is hereby granted is that certain parcel of land delineated and designated as Parcel 66 on Record of Survey Map No. 3842 , filed in the Office of the County Recorder of San Diego County, February 15 , 1956, being a portion of Section 36 , Township 13 South , Range 2 West, San Bernardino Meridian in the County of San Diego, State of California. Said Easement No. 1 is a strip of land 10.00 feet of even width , the centerline of which is described as follows : Commencing at a point on the Southerly line of said Section 36, distant thereon North 89°21 '49" West (record North 89°19' 44" West) 1871 . 84 feet from the South Quarter Corner of said Section, as said South Quarter Corner is shown on said Record of Survey Map No. 3842 ; thence North 9°42' 10" West 308.71 feet to the beginning of a tangent curve, concave Easterly, having a radius of 400.00 feet; thence Northerly along the arc of said curve, through a central angle of 25°30' 34" a distance of 178.09 feet to its point of tangency with a line drawn parallel with, and distant 13.00 feet Westerly, measured at right angles , from the Westerly line of Parcel 67 as shown on said Record of Survey Map No. 3842 ; thence along said parallel line, North 15°48'24" East (record North 15°48'29" East) 228.21 feet; thence North 44°08' 56" East 76.94 feet; thence North 45°51 '04" West 97.00 feet to the TRUE POINT OF BEGINNING of the herein described line; thence South 21°38'56" West 144.00 feet. EXCEPTING from the above described 10.00 foot wide strip of land, that portion thereof. lying Northerly of the centerline of that certain 50.00 foot wide strip of land delineated and designated as "50.00 foot Easement Reserved for Road" on said Record of Survey Map No. 3842. • • • E _ 83 ! EXHIBIT "C" EASEMENT NO. 2 The lands in which Easement No. 2 is hereby granted are all of those certain parcels of land delineated and designated as Parcels 66 and 69 on Record of Survey Map No. 3842, filed in the Office of the County Recorder of San Diego County, February 15 , 1956 , being portions of Section 36 , Township 13 South, Range 2 West, San Bernardino Base & Meridian , in the County of San Diego, State of California. Said Easement No. 2 is particularly described as follows : A strip of land 25.00 feet of even width , the sidelines of said 25.00 foot wide strip of land lying 12.00 feet Westerly and 13.00 feet Easterly, respectively measured at right angles and radially, from the following described line : Beginning at a point on the Southerly line of said Section 36 , distant thereon North 89°21 ' 49" West (record North 89°19 '44" West) 1871 .84 feet from the South Quarter Corner of said Section, as said South Quarter Corner is shown on said Record of Survey Map No. 3842 ; thence North 9°42 ' 10" West 308. 71 feet to the beginning of a tangent curve, concave Easterly , having a radius of 400.00 feet; thence Northerly along the arc of said curve , through a central angle of 25°30' 34" a distance of 178.09 feet to its point of tangency with a line drawn parallel with , and distant 13.00 feet Westerly, measured at right angles , from the Westerly line of said Parcel 67; thence along said parallel line, North 15°48'24" East (record North 15°48' 29" East) to the Southerly line of the property described in Parcel 1 of Exhibit "A" . The sidelines of the 25.00 foot wide strip of land described in Parcel 2 above shall be prolonged or shortened as necessary so as to terminate on the South in the Southerly line of said Section 36 , and to terminate on the North in the Southerly boundary of the land described in Parcel 1 of Exhibit "A" . FILE/PAGE N01S-31-`"4953 BOOK 1975 RECORDED REQUEST OF LAND TITLE INSURANCE CO. NOV 1 3 8:00 AM'75 OFFICIAL RECORDS SAN DIEGO COUNTY. CALIF. HARLEY F. BLOOM, RECORDER NO FEE/ • _ I ` • ' i RECORD OF SURVEY -This plat is for your aid in f While 3 8 4 2 your lend. It is not a sarYcY• N ' this plat is believed to be correct. the Company assumes no liabilti f•, any loss occurring by reason of re- liance thereon." 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