1983-318950 ti ,REORDING REQUESTED BY t; 792
►
TPOR TITLE INSURANCE COMPANY
RECORDED IN
OFFICIAL RECORD
OF SAN DIEGO COUNTYE CX
AND WHEN RECORDED MAIL TO:
NAME Olivenhain Municipal 1983SEP 8AM8:00
Water District
STREET LCVOUNri ERA L �,Y�J ADDRESS 1966 Olivenhain Road AMORM
CITY Encinitas
STATE California NO FEE
ZIP 92024 cc This space for Recorder's use
_ Title Order No. 1090296—G' 6� NO DOCUMENTARY TRANSFER TAX NO FEE
CS Tax Parcel No.--,,254-190-04
GRANT OF EASEMENT
CENTRAL CAPITAL CORPORATION , a California corporation
(hereinafter "GRANTOR") hereby grants to..__9J.I�(ENFIAIN
____corporation "
(hereinafter "GRANTER"), its successors, or assigns, the following described easement for a right of way- XXXXXXXXXXX
YoU&XXvV.AK, 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,
but 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 additl 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 __.San D1es0_
---- ....., State of California, and is more
particularly described as follows, to wit:
All that portion of Section 3, Township 13 South, Range 4 West,
San Bernardino Meridian, in the County of San Diego, State of
California, according to the Official Plat thereof, more fully
described in Exhibit "A" attached hereto and made a part hereof.
F
NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
793
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 gran ted 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 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 pennit 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 wartants and represents that GRANTOR has the power to grant this easement in accordance with
its terms.
3)11 AIMS WI)C['COf, the GRANTOR has executed this Easement this-----�___,----day of �- __ .. .__ , 19
CENTRAL CAP CO ORATION,
a Cal ' i cor ration
d
.. ... ... .... .. ................. ........................................................ Y 2ay.. .. .,. Sparling,
Senio ce resident
........................................................ .......... Y..f.. .... ..............
BY: Robert J. Dwyer, Senior Vice Presi t
R/W No.
1090296 .......................................................................
" DRAWN BY
CHECKED BY
ACCT. N0. SD-001-225-07
DATE May 13, 1982/rl
BPC(0—R/w
°.� `.
• 794 `..1
T ft Is to eerdfy that the Mterest in ree2l yep 1983
dyed by the decd or grant dstad
kem_Central ('anit^1 C'nr 'on, a
to the Olivenhain Municipa afar Diatrict�j
corporation and/or governmental agency,is hereby accepted
by The r=ndersigned Officer Or agent on behalf of the Board
of Dir,e°rjrs pursuant tD authnrity confF j�,d by Resolution
Of the Ciivrr:?cairs Municipal Water District adoptedon
April G. 3961,tnd tha grantee's conseW to recordation
thereof by ft duly aetfrofized officer.
�ry
CENTRAL �� CORPORATION ACKNOWLEDGEMENT
FEDERAL
SAVINGS
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO } SS.
W On July 28, 1983 before me, the undersigned, a Notary Public in and for said
= County and State, personally appeared Rav T Sparlina and Robert J
W Dwyer ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as
president (or secretary) or on behalf of the FOR NOTARY SEAL OR STAMP
corporation therein named and acknowledged
to me that the corporation executed it.
OFFICIAL SEAL
DIANE MARIE ELWELL
NOTARY PUBLIC.CALIFORNIA
Signature N Principal Office,San Diego County
My Commission Expires May 31, 1986
Diane Marie Elwell
Name t Typed or Printed
BA 271 (7182)
��0 "
�.
795
�..1
EXHIBIT "A"
All that portion of Section 3, Township 13 South, Range 4 West, San Bernardino
Meridian, in the County of San Diego, State of California, described as follows:
Commencing at the East Quarter Corner of said Section 3, as said East Quarter
Corner is shown on Record of Survey Map No. 8734, filed in the Office of the
County Recorder of said San Diego County June 4, 1981 ; thence along the Southerly
line of the Northeast Quarter of said Section 3, North 89°52'56" West 2376.42
feet (record North 89 050'53" West 2376.72 feet) to the TRUE POINT OF BEGINNING;
thence continuing North 89052'56" West 30.27 feet to a line drawn parallel
with, and distant 30.00 feet Westerly, measured at right angles, from that
certain course designated on said Record of Survey Map No. 8734 as "North 70
30154" West 1483.72 feet"; thence along said parallel line, North 7°33'44"
West (record North 7 030'54" West) 785.14 feet; thence North 65°57'00" West
144.94 feet; thence North 12 003'00" East 8.79 feet; thence North 77 057'00"
West 210.32 feet; thence South 12°03'00" West 10.00 feet; thence North 77°57'00"
West 20.00 feet; thence North 9°25'25" East 9.77 feet to a point on the arc
of a non-tangent curve, concave Southerly, having a radius of 228.00 feet,
a radial line to said point bears North 9°25'25" East; thence Westerly along
the arc of said curve, through a central angle of 39°14'25" a distance of 156.15
feet; thence tangent to said curve, South 60 011 '00" West 96.49 feet to the
beginning of a tangent 168.00 foot radius curve, concave Southeasterly; thence
Southwesterly along the arc of said curve, through a central angle of 32°03'00"
a distance of 93.98 feet; thence tangent to said curve, South 28°08'00" West
285.08 feet to the beginning of a tangent 168.00 foot radius curve, concave
Southeasterly; thence Southwesterly along the arc of said curve, through a
central angle of 25 048'00" a distance of 75.65 feet; thence tangent to said
curve, South 2°20'00" West 234.13 feet; thence South 82°31 '32" West 306.34 feet
to a point on the arc of a non-tangent curve, concave Easterly, having a
radius of 3988.00 feet, a radial line to said point bears South 82°21 '12" West;
thence Southerly along the arc of said curve, through a central angle of
0°57'12" a distance of 66.35 feet; thence tangent to said curve, South 8°36'00"
East 136.61 feet; thence North 81 024'00" East 10.00 feet; thence South 8°36'00"
East 20.00 feet; thence South 81 °24'00" West 10.00 feet; thence South 8°36'00"
East 27.22 feet to the beginning of a tangent 63.00 foot radius curve, concave
Northeasterly; thence Southeasterly along the arc of said curve, through a
central angle of 18°45'00" a distance of 20.62 feet; thence tangent to said
curve, South 27 021 '00" East 200.98 feet; thence North 59 050'36" East 10.00 feet;
thence South 30°09 '24" East 10.00 feet; thence South 62°44'38" West 10.48 feet
to a point on the arc of a non-tangent curve, concave Northeasterly, having
a radius of 588.00 feet, a radial line to said point bears South 62°44'38"
West; thence Southeasterly along the arc of said curve, through a central
angle of 3°22'38" a distance of 34.66 feet; thence tangent to said curve,
---continued---
Page 1 of 4
R/W #1090296
�-' 796
EXHIBIT "A" continued---
South 30 038'00" East 143.80 feet; thence South 59°22'00" West 24.00 feet;
thence North 30 038'00" West 143.80 feet to the beginning of a tangent
612.00 foot radius curve, concave Northeasterly; thence Northwesterly along
the arc of said curve, through a central angle of 3°17'00" a distance of 35.07
feet; thence tangent to said curve, North 27°21 '00" West 211 .42 feet to the
beginning of a tangent 87.00 foot radius curve, concave Northeasterly; thence
Northwesterly along the arc of said curve, through a central angle of 6°27'01 "
a distance of 9.79 feet; thence along the Southwesterly prolongation of a
radial line of said curve, South 69°06 '01 " West 5.00 feet; thence North
17 036'25" West 10.57 feet; thence North 75°41 '10" East 5.00 feet to a point
on the Northwesterly continuation of the arc of the aforementioned 87.00 foot
radius curve; thence Northwesterly along the arc of said curve, through a
central angle of 5°42'51 " a distance of 8.68 feet; thence tangent to said
curve, North 8°36'00" West 183.84 feet to the beginning of a tangent 4012.00
foot radius curve, concave Easterly; thence Northerly along the arc of said
curve, through a central angle of 3°43'00" a distance of 260.25 feet; thence
tangent to said curve, North 4 053'00" West 120.37 feet; thence South 85°07'00"
West 5.00 feet; thence North 4°53'00" West 10.00 feet; thence North 85°07'00"
East 5.00 feet; thence North 4 053'00" West 352.75 feet to the beginning of
a tangent 52.00 foot radius curve, concave Southeasterly; thence Northeasterly
along the arc of said curve, through a central angle of 90 000'00" a distance of
81 .68 feet; thence tangent to said curve, North 85°07'00" East 76.73 feet
to the beginning of a tangent 38.00 foot radius curve, concave Northwesterly;
thence Northeasterly along the arc of said curve, through a central angle
of 66°21 '15" a distance of 44.01 feet; thence tangent to said curve, North
18°45'45" East 24.97 feet; thence North 71°14'15" West 10.00 feet; thence
North 18°45'45" East 5.99 feet to a point on the arc of a non-tangent 530.00
foot radius curve, concave Northerly, a radial line to said point bears South
22 033'58" West; thence Easterly along the arc of said curve, through a
central angle of 3°40'42" a distance of 34.02 feet; thence South 18°45'45"
West 29.79 feet to the beginning of a tangent 62.00 foot radius curve, concave
Northwesterly; thence Southwesterly along the arc of said curve, through a
central angle of 66°21 '15" a distance of 71 .80 feet; thence tangent to said
curve, South 85°07100" West 94.73 feet; thence South 4°53'00" East 28.00 feet;
thence South 85°07'00" West 10.00 feet; thence South 4°53'00" East 58.15 feet;
thence North 85°07'00" East 214.19 feet; thence North 6 052'44" East 129.00
feet to a point on the arc of a non-tangent 530.00 foot radius curve, concave
Northerly, a radial line to said point bears South 11 °10'35" West; thence
Easterly along the arc of said curve, through a central angle of 1 °05'01 " a
distance of 10.02 feet; thence South 6 0521441' West 141 .59 feet; thence South
85 007 '00" West 45.28 feet; thence South 4°53 '00" East 9.00 feet; thence
South 85°07'00" West 176.00 feet; thence South 4°53'00" East 75.60 feet; thence
North 85°07'00" East 5.00 feet; thence South 4°53'00" East 10.00 feet; thence
South 85°07'00" West 5.00 feet; thence South 4°53'00" East 117.40 feet; thence
North 85 007'00" East 10.00 feet; thence South 4°53 '00" East 10.00 feet; thence
South 85°07'00" West 10.00 feet; thence South 4°53'00" East 187.97 feet to the
beginning of a tangent 3988.00 foot radius curve, concave Easterly; thence
Southerly along the arc of said curve, through a central angle of 1 005'51 "
a distance of 76.39 feet; thence along a radial line of said curve, North
84°01 '09" East 10.00 feet; thence South 6°07 '28" East 19.95 feet; thence
---continued---
Page 2 of 4
R/W #1090296
C
797
••�►
EXHIBIT "A" continued---
South 83°43'55" West 10.00 feet to a point on the Southerly continuation
of the arc of the aforementioned 3988.00 foot radius curve, a radial line
to said point bears South 83 043'55" West; thence Southerly along the arc
of said curve, through a central angle of 1°02'02" a distance of 71 .95 feet;
thence North 82 031 '32" East 286.14 feet; thence North 2°20'00" East 138.16
feet; thence North 87 040'00" West 10.00 feet; thence North 2°20'00" East 10.00
feet; thence South 87 040'00" East 10.00 feet; thence North 2°20'00" East 65.77
feet to the beginning of a tangent 192.00 foot radius curve, concave South-
easterly; thence Northeasterly along the arc of said curve, through a central
angle of 22°47'37" a distance of 76.38 feet to the beginning of a reverse
curve, concave Southwesterly, having a radius of 10.00 feet; thence Northwesterly
along the arc of said curve, through a central angle of 82°03'28" a distance
of 14.32 feet to the beginning of a reverse curve, concave Northeasterly,
having a radius of 57.00 feet; !thence Northwesterly along the arc of said
curve, through a central angle of 55°10'56" a distance of 54.90 feet; thence
tangent to said curve, North 1 °44'55" West 99.00 feet; thence South 88°15 '05"
West 5.00 feet; thence North 1 '44'55" West 10.00 feet; thence North 88°15'05"
East 5.00 feet; thence North 1 '44'55" West 219.55 feet; thence South 88°15'05"
West 10.00 feet; thence North 1°44'55" West 10.00 feet; thence North 88°15'05"
East 10.00 feet; thence North 1044155" West 5.38 feet to a point on the
arc of a non-tangent 530.00 foot radius curvF, concave Northerly, a radial line
to said point bears South 0045'59" West; thence Easterly along the arc of said
curve, through a central angle of 2'35'43" a distance of 24.01 feet; thence
South 1'44'55" East 343.43 feet to the beginning of a tangent 33.00 foot
radius curve, concave Northeasterly; thence Southeasterly along the arc of
said curve, through a central angle of 44'53111 " a distance of 25.85 feet;
thence along a radial line of said curve, North 43021 '54" East 10.00 feet; thence
North 28008'00" East 6.21 feet; thence South 61052'00" East 10.00 feet; thence
North 28008'00" East 208.00 feet; thence North 61 '52'00" West 10.00 feet; thence
North 28008'00" East 20.00 feet,; thence South 61 '52'00" East 10.00 feet; thence
North 28'08'00" East 16.90 feet to the beginning of a tangent 192.00 foot
radius curve, concave Southeasterly; thence Northeasterly along the arc of
said curve, through a central angle of 32003'00" a distance of 107.40 feet; thence
tangent to said curve, North 60 11 00 East 42.41 feet, thence North 29049,001,
West 10.00 feet; thence North 60011100" East 10.00 feet; thence South 29'49'00"
East 10.00 feet; thence North 60011 '00" East 44.08 feet to the beginning of a
tangnet 252.00 foot radius curve, concave Southerly; thence Easterly along the
arc of said curve, through a central angle of 41 '52'00" a distance of 184.14
feet; thence tangent to said curve, South 77'57 '00" East 124.66 feet; thence
North 18'30'24" East 125.98 feet; thence North 71029'36" West 16.20 feet; thence
North 18'19'00" East 9.98 feet to a point on the arc of a non-tangent curve,
concave Northeasterly, having a radius of 212.00 feet, a radial line to said
point bears South 18'19'00" West; thence Northwesterly along the arc of said
curve, through a central angle of 13'19'00" a distance of 49.27 feet; thence
---continued---
Page 3 of 4
R/W #1090296
�001i'
III►
798
;..J
EXHIBIT "A" continued---
tangent to said curve, North 58 022100" West 118.20 feet; thence South 31 038'00"
West 10.00 feet; thence North 58022'00" West 10.00 feet; thence North 31 038100"
East 10.00 feet; thence North 58°22'00" West 68.59 feet to a point on the
arc of a non-tangent curve, concave Northwesterly, having a radius of 530.00
feet, a radial line to said point bears South 57°04'10" East; thence Northeasterly
along the arc of said curve, through a central angle of 2°35'42" a distance
of 24.00 feet; thence South 58°22100" East 196.79 feet to the beginning of a
tangent 188.00 foot radius curve, concave Northeasterly; thence Southeasterly
along the arc of said curve, through a central angle of 1°41 '11 " a distance
of 5.53 feet; thence along a radial line of said curve, North 29°56 '49" East
4.93 feet; thence South 61037'05" East 10.00 feet; thence South 26°49'01 "
West 4.93 feet to a point on the Southeasterly continuation of the arc of the
aforementioned 188.00 foot radius curve, a radial line to said point bears
South 26 049'01 " West; thence Southeasterly along the arc of said curve,
through a central angle of 8°30'01 " a distance of 27.89 feet; thence
tangent to said curve, South 71 041 '00" East 86.87 feet; thence South 18 019'00"
West 24.00 feet; thence North 71 °41 '00" West 46.64 feet; thence South 18°30'24"
West 117.81 feet; thence South 71 °2936" East 10.00 feet; thence South 14°00'45"
West 14.35 feet; thence South 77°57'00" East 60.32 feet; thence South 65°14'40"
East 168.54 feet to an intersection with th- aforementioned course designated on
Record of Survey Map No. 8734 as "North 7 030'54" West 1483,72 feet"; thence
along said course, South 7 033'44" East (record South 7 030'54" East) 805.95
feet to the TRUE POINT OF BEGINNING.
Page 4 of 4
R/W #1090296
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CENreR OFSEC.3
>.j•,r'}. PER R.O.5.6734
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REG.MARCH 25, /98/,
F/P 8/-089/30 O.R. I
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FOX POINT MAP 7832
/ND/CATES WA TERG/NEEASEMENT
Project : QUAIL GARDENS CONDOMINIUMS
References:
PLAT C.A.N. SD•001-22507
VALVE AlAPS A-3,4 of easements required by the R/W M _1090296
Olivenhain Municipal Water District Tax Par. 254-190-04
_ A p-�ore Ease Map /
�"�— 2 - -_ E �a Da to: MAY 13,1982
$Ca 1 e: 1'='100 conruwno unninews I•mmitwcca
0C)