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Grant of Right of Way 1979-203193 • ACCOMMODATION FILINu ) 2211 ) 79-203193 03193 Aa�'TER ECORDING MAIL TO: ) BILE/PAGE ) 500 Zu.;;;;, 1979Poway Municipal Water District ) REC0a0P. O. Box 348 ) (. Poway, Calif. 92064 ) `�aY l7 9 2� ) r ORDS OfFIRECCi�, �cR SAN DIEGO COUNTY, CALIF. NO FEE Tax Parcel 323-190-06 ) GRANT OF RIGHT OF WAY 7:��'���NTARY TRANSFER TAX $. ,,,�.... MT. OLIVE LUTHERAN CHURCH OF POWAY, CALIFORNIA, a corporation, as Grantor, for and in consideration of the sum of One Dollar and ether valuable consideration paid by POWAY MUNICIPAL WATER DISTRICT, a public corporation as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said POWAY MUNICIPAL WATER DISTRICT its successors and assigns an easement of right of way 20. 00 feet in width in, upon, over, under, and across the lands hereinafter des- cribed, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary 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 here- inafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to time , together with the right of ingress thereto and egress therefrcm, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands , together with the right to use said right of way for access to Grantee ' s rights or way situated in adjacent lands. The lands in which said easement of right of way is hereby yranted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit: The Northeast Quarter of the Southeast Quarter of the North- west Quarter of Section 18 , Township 14 South, Range 1 West, San Bernardino Ease and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved February 24 , 1876. EXCEPTING the Northerly 396 feet thereof. Said easement of right of way in the aforesaid lands is particularly described as follows: The Westerly 20. 00 feet of the lands first above described. Grantor and its successors in estate shall not erect or construct , or Le e recteu 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. Grantee shall nave the right to erect, maintain 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 PICO:CAM Plrras•maim ne sharps for rra40r4ln$ t" 411, aand IMtrulrant " Ira Nln� r���1/�I In connt411"vit"' GAS' an�l�ntfal ppn4y trra nN.IN^' Pte4iacap. DOC 4 1 j Ip Doc• t 154 2212 . 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. 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 its successors or assigns, shall not increase or decrease, 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. IN WITNESS WHEREOF, the Grantor has executed these presents this S r'w- day of A14--A G/i- , 1979. MT. OLIVE LUTHERAN CHURCH OF POWAY, CALIFORNIA BY: , 7S/17r NT BY: aJYVA, 1 0.,10 c.,c 7--,fat),/ STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO Cn (Y\Arc , \v'\°s , before me, the undersigned, d Notary Public in and for said County and State, personally appeared (.ober' . . kAU 5Ch , known to me to be the Presider-7E7 and ("tp(vy ANu pA �� , known to me to be the Secretary of 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 within instru- ment ursuant to its by-laws or a resolution of its board of directors. S . - � OFFICIAL SEAL Notary Public in and for said ) 44-lift; EVIA L. POWELL NOTARY PUBLIC • CALIFORNIA County and State ; : 4V10 f SAN DIEGO COUNTY ) My comm. expires AUG 15, 1980 -2- I' 2213 • 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 MARCH 5, 1979 from MT. OLIVE LUTHERAN CHURCH OF POWAY, CALIFORNIA, a corporation (Robert C. Kausch, President and Mary Ann Payton, Secretary) 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: May 3, 1979 POWAY MUNICIPAL WATER DISTRICT By Title Harry Barber, General Manager ( 2-79 ) , • • ♦ - r ,f i l l Z i •. •• •• • 1 - ,I. • +l ?7 • • • 'I 1 -SYl!,A' 1J4 NW i, y Sr.C. 10 or o•to/I a . esu 0 o ( : -- 0 • • 1•1:5. 11/4.11t i> I: z b 1,1 . • Ill 9oo, - . . . • -_,� • —— -— f- Let. I -„,, -T- — —1— --.r- —T——-T———1-7,6--T�T MB —------ * 5So —rte 0, 4 rI 41.0 ,• , L -. I I I I fi 1 ,r=--c---‘,-,741,7:,-- —1-1 _— ' �-„-- , " 1, r _1_4_4_1IA—-1' .� \.• I ey I I G ;I ..O I i® I I N �•• `�' �.. ® � N �OIIIw y t'�GO •-,...:, "'�--- .1 Lc�c•%,.os._or L=IB —I � I %—L See, o©�I I I I III, Co (/) �V� 4�>f e a' Nn I I -r n \c,_,:,), ,------- - + Vv I I I ; • r �r o0.4` I �� iii•ee I— —�_.N�• •�N in, •• N \� 4 ISI. If' I . k "°" ® € • 1s. -, 1`. A/O\ its'. I - • A u : ,.3.. 1 1 . I/Y� 1 ', \ ISI I I . lee t I ri. t I i e 3.a so see w'FA 7l a e a eew o•. ie 77-A-7-- – t R.S 472 _- . i 1, - N. V . SEC JO . Z . 1- 174/4 ..uo+Nge*JUIN O -41touo♦evl:.gIUJ nawwII U. (AA2006.N • Le . .off.(eprieg ou vwneie xuedule;) ••II e� U1(Tl wllo +q of y+l.geq.1 arid.a aft 1 . n. 114A .0 UM ■ 1w •I Al Twit mo. \'',..„ . D •ONr7 wino, u. p.. InoC lel vi Sill% �-_ )mA rn iiiiVIn�9S 1Nd1d 31111 I _ _ d C ''zO ) • `.YNb ` '•y •$ Wvt vo.r d ! .A 1 V 11 • Q XI ,-40.4., Fg s tilT1-4 • v. 1- a e t 2 12 I 44i... 79=-502C41 • • ‘rcp*apkAnnErinN Fieril 44 ,.., When Recorded Mail To: ) i. FILE�p 9��Ko 9T C� / RECORDED RECUEST CA • POWAY MUNICIPAL WATER DI ) f.- ] t��e nsurance aa• Post Office Box 348 RECORDER: <N Z �C12tV �r ,___... Please m„ke nn cheryte Poway, California 92064 to. rInstrument. the ett .�, �� �M f 19 ached Instnimant. It �-� AZTN : LAME1.1E ''ow€LL. to twin, recorded in 3r connection with a Gor- 1 aC' t SAL RECORDS ernmSfl ,rs..,s., ' ! • t • , �' 6 /� n:.ctwn ` =AN DIEGO CM .MO tiURDI ThTI0N AGRE&�fENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed N O FEE of Trust dated January 2, 1974 , recorded in the Office of the County Recorder of San Diego County, February 5, 1974 File No. 74-029666 . and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by Panorama Hills to POWAY MUNICIPAL WATER DISTRICT, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to the rights of any purchaser under a foreclosure of said Deed of Trust. Said easement is described in Deed recorded January 4, 1977, as Document No. 77-001964 of Offical Records and affects tha real property described is the said Deed of Trust, Mercury Construction Company as Trustor, Security Title Insurance Company as Trustee, and Sons of Sacred Heart as Beneficiary. Beneficiary declares and acknowledges that it hereby intentionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of said Deed of Trust upon the land described therein in favor of said easement, and that it understands that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which . would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquishment and subordination. r DA „A, � � (/ _ . . ( BE Ci : f m . - Sons af Sacred heart . R/W s 306082-R . Exc. f iv Proj . Panorama Hills BY e (- T-?� • Unit -NO. 2 TITLE • BY: lZ2 ' J`` ! 1</i,/ wavy. , ' TITLE . . STATE OF- CA FO R114, SS. COUNTY OF /1, f1e. 7-rA,T . On it/o✓ / /X79 before me, the under— - signed, a Notary Public in and for said County and 11 State, Personally appeared/eEi- J6l2as-i.- fe�TPaAl, FOR NOTARY SEAL OR STAMP known to me to be the Tici�1 Pree ent, and , known—te---e-to be a. arercary o.f the ccrporat!n that executed • the within Instrument, known to me to be the persons l who executed the within Instrument on behalf of the - Y, corporation therein named, and acknowledged to be that such corporation executed the within instrument pursuant I t to its by-laws or resolution of its board of directors_ rL' - r'.AYMOND G. BLERSCH Notary Public, State of Ohio I. • • My.Commission ExPU6 lung 11. 1$8 Signature of Notary FILE • DOC. #Z5744 CORPORATE ACKNOWLEDGMENT 235y e State of California County of San-.,Diego S.S. On this....1j.i day of ....August.. .. ........, 19 79_, before me Undersigned. _ ., a Notary Public in and r said San Diego County, personally appeared Bartholotnew...Battirossi. y�' • ..ww...w...www.ww.w.w..w.ww.ww.www.w Aew+sw Tw.rw'”..rw�r ."y,.`k1' ) known tome to be the Trustee r.^.-,,--t,.. and eye......w.-n-- ..etw—wwr..r.....rw.n—ww—..t—ww--e—w—wa known to me to be the A �y r -of the Sons..o�..Sacred_.Beart , the Corporation that executed the within instrument, and also known to me to be the person.... who $ E 4 executed the within instrument, on behalf of the Corporation herein named, and acknowledged to i §F" ?," O • ' me that such Corporation executed the same, and further acknowledged to me that such Corporation • a.. .7 executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. i . so W:. n . WITNESS my hand and official seal. Et ^. :' r ' C:., r. Notary Public in and for said San Diego County and State. 1 z , 44 Io-6: REVISEDI My commission expires ]2_17n 19 ..79.