1982-177976 496
4 82-177976 O
TRANSAMERICA TITLE C� FRECORDING REQUESTED Y: $ RZ DREED C OIRN
Fo-FOSAN Dleco couNTY
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OLIVENHAIN MUNICIPAL WATER DISTRICT 1982 JUN 10 AM$;QQ o
AND WHEN RECORDED MAIL TO: +
vERa LYLe r ,
NAME Olivenhain Municipal Water LICOUNT.YRECORDER
District ri m.
STREET
ADDRESS 1966 Oliven hain Road /�CITY Encinitas ` �SSTATE Cal i fornl a This space for Recorder's use 0
ZIP 92024 M
Title Order No. 27902 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 259-121-23
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GRANT OF EASEMENT
CAMINO CREEK, a joint venture composed of THE MEISTER_COMPANY, INCORPORATED, a___
California corporation; and FINANCIAL._SCENE,-INC:,-a_Calfornj�_cgrpRr�i<iop___--_____
- ------------- ---------- - V
(hereinafter"GRANTOR") hereby grants to OLIVENNAIN_MUNICIPAL-WATER_DISTRICT9_ a__publ i C.......... m
---o4rBQrAt on------------------------------------------------------------------------
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(hereinafter"GRANTEE"),its successors, or assigns, the following described easement for a right of way-XXXXX XXXX.XX
Xe &XXXJ4MR 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, C
along, over and under the right of way described below a}sL GRANTEE
V may
y now or herre�[ayftverr vdeVteer/miinvev iinviVtss sole ydiissc�rteti�/onn
Without any additional compensation therefor,Xxmx-m XtXjp�/r'ya+ xxi xivgxxxlu�cXxg�CxFxkFtUI/4Y1a1xm)(,Aw�W)xlx"xtx&x �' Z
Uxtya)(IxXrxuvtxs(uxyjpxxxXVXXXcVC)(A)6vzXXI(rX Y&XXr MU together with the right to use this easement for access to j
GRANTEE's rights of way situated in adjacent lands,without any additional compensation therefor.
AXXXdHXMXd4 Uxxix)aX (XXXXJ'dEM)(,Xt%Xy(yoXxt1 kxxXXXXXXXXXXXXxxxx wmd(ayf'xdF,mYOXXXs`xu
GRANTOR, for himself, his heirs, his successors and assigns does hereby
reserve the .right to grant an easement over, under, through and across
a portion of the aforedescribed lands to the San Diego County Flood Con-
trol District, Zone 1;
AND, THEREFORE, GRANTEE does hereby agree that this easement or any por-
tion thereof shall be subordinate to that certain. easement GRAJ,\TTOR will r
execute and deliver or has executed and delivered to said San Diego County
Flood Control District, Zone 1 and GRANTEE does hereby waive the priority r
of this document to said document to said San Diego County Flood Control rn
District, Zone 1.
Said easement of right of way is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 0�r.
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EXHIBIT "A"
All those portions of Section 14, Township 13 South, Range 4 West, San Bernardino m
Meridian, in the County of San Diego, State of California, according to the
Official Plat thereof, described in Parcels 1 , 2, and 3 as follows: O
Parcel 1:
Commencing at the Southwesterly terminus of that certain course in the Southerly
boundary of County of San Diego Tract No. 3474-1 , according to the Map thereof No.
9338, filed in the Office of the County Recorder of said San Diego County August
22, 1979, which is designated on said Map as "North 54015135" East 59.48 feet",
being the beginning of a tangent 430.00 foot radius curve, concave Northwesterly,
in said Southerly boundary; thence along said boundary, Southwesterly along the Z
arc of said curve, through a central angle of 13 022'15" a distance of 100.35
feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly boundary, WON
along the prolongation of a radial line of said curve, South 22°22'10" East 5.00 V
feet to a point on the arc of a non-tangent 15.00 foot radius curve, concave M Easterly, a radial line to said point bears North 22°22'10" West; thence Southerly
along the arc of said curve, through a central angle of 88°55'38" a distance of 0
23.28 feet to the beginning of a compound curve, concave Northeasterly, having O
a radius of 179.00 feet; thence Southeasterly along the arc of said curve, through
a central angle of 11°53'38" a distance of 37.16 feet; thence tangent to said 0
curve, South 33'11 '26" East 69.27 feet to the beginning of a tangent 221.00 foot
radius curve, concave Southwesterly; thence Southeasterly along the arc of.said
curve, through a central angle of 27°00'38" a distance of 104.18 feet to the C
beginning of a reverse curve, concave Northeasterly, having a radius of 25.00
feet; thence Southeasterly along the arc of said curve, through a central angle
of 69°20'27" a distance of 30.26 feet to the beginning of a reverse curve, concave
Southwesterly, having a radius of 35.00 feet; thence Southeasterly and Southerly '
along the arc of said curve, through a central angle of 76 120'44" a distance of
46.64 feet thence tangent to said curve, South 0 049129" West 62.70 feet to the
beginning of a tangent 35.00 foot radius curve, concave Northwesterly; thence ;
Southwesterly and Westerly along the arc of said curve, through a central angle
of 90°00'00" a distance of 54.98 feet; thence tangent to said curve, North' 89°10'31"
West 140.00 feet to the beginning of a tangent 87.00 foot radius curve, concave
Northeasterly; thence Northwesterly and Northerly along the arc of said curve, through
a central angle of 90°00'00" a distance of 136.66 feet; thence tangent to said r
curve, North 0°49'29" East 51.50 feet to the beginning of a tangent 79.00 foot
radius curve, concave Westerly; thence Northerly along the arc of said curve, �.•
through a central angle of 23°33'59" a distance of 32.49 feet to the beginning
of a compound curve, concave Southwesterly, having a radius of 25.00 feet; thence
Northwesterly along the arc of said curve, through a central angle of 77°42'44" r
a distance of 33.91 feet to the beginning of a reverse curve, concave Northeasterly, '
having a radius of 42.00 feet; thence Northwesterly along the arc of said curve,
through a central angle of 67 015148" a distance of 49.31 feet; thence tangent '
to said.curve, North 33011126" West 38.00 feet to the beginning of a tangent ;
0.
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Page 1 of 5 R/W #27902
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EXHIBIT "A" continued---
35.00 foot radius curve, concave Easterly; thence Northerly along the arc of said
curve, through a central angle of 90 100100" a distance of 54.98 feet; thence r
tangent to said curve, North 56 048134" East 14.00 feet to the beginning
of a tangent 35.00 foot radius curve, concave Southerly; thence Easterly along m
the arc of said curve, through a central angle of 90 000100" a distance of 54.98 M
feet; thence tangent to said curve, South 33°11'26" East 90.00 feet to the 0
beginning of a tangent 121 .00 foot radius curve, concave Southwesterly; thence
Southeasterly and Southerly along the arc of said curve, through a central angle
of 34 000155" a distance of 71.84 feet; thence tangent to said curve, South 0°49'29" v
West 51.50 feet to the beginning of a tangent 45.00 foot radius curve, concave
Northeasterly; thence Southeasterly and Easterly along the arc of said curve, through
a central angle of 90°00100" a distance of 70.69 feet; thence tangent to said
curve, South 89 010131" East 64.00 feet to the beginning of a tangent 25.00 foot
radius curve, concave Northwesterly; thence Northeasterly and Northerly along the
arc of said curve, through a central angle of 90 000'00" a distance of 39.27 feet; Z
thence tangent to said curve, North 0°49`29" East 59.00 feet to the beginning of
a tangent 179.00 foot radius curve, concave Southwesterly; thence Northwesterly
along the arc of said curve, through a central angle of 34°00'55" a distance of v
106.27 feet; thence tangent to said curve, North 33 011126" West 69.27 feet to
the beginning of a tangent 221.00 foot radius curve, concave Northeasterly; m
thence Northwesterly along the arc of said curve, through a central angle of 0
12°58109" a distance of 50.02 feet to the beginning of a reverse curve, concave 0
Southwesterly, having a radius of 15.00 feet; thence Northwesterly along the arc
of said curve, through a central angle of 82 057132" a distance of 21.72 feet; 0
thence along the prolongation of a radial line of said curve, North 13°10'49"
West 5.00 feet to a point on the arc of the aforementioned 430.00 foot radius ;
curve, concave Northwesterly, in the Southerly boundary of Map No. 9338, a radial e
line to said point bears South 13 010149" East; thence Northeasterly along the Z-
arc of said curve, through a central angle of 9 011'21" a distance of 68.96 feet
to the TRUE POINT OF BEGINNING.
v
Parcel 2:
Commencing at the Southeast corner of County of San Diego Tract No. 3474-1, �"�
according to the Map thereof No. 9338, filed in the Office of the County Recorder
of said San Diego County August 22,1979; thence along the Southerly boundary
of said Map No, 9338, South 76°27'24" West 79.62 feet to the beginning of a >
tangent 950.00 foot radius curve, concave Northerly, in said Southerly boundary;
thence Westerly along the arc of said curve, through a central-angle of 3°38'12"
a distance of 60.30 feet to the TRUE POINT OF BEGINNING; thence leaving said
Southerly boundary, along the prolongation of a radial line of said curve,
South 9°54'24" East 5.00 feet to a point on the arc of a non-tangent 15.00 foot
radius curve, concave Southeasterly, a radial line to said point bears North
9 054124" West; thence Southerly along the arc of said curve, through a central m
angle of 96°23'43" a distance of 25.24 feet to the beginning of a. compound curve,
concave Northeasterly, having a radius of 179.00 feet; thence Southeasterly along
0 '
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R/W #27902
Page 2 of 5
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EXHIBIT "A" continued---
.
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the arc of said curve, through a central angle of 3°50104" a distance of 11.98
feet; thence tangent to said curve, South 20°08'11" East 160.71 feet to the r
beginning of a tangent 221.00 foot radius curve, concave Westerly; thence Southerly
along the arc of said curve, through a central angle of 20 008111" a distance of
77.67 feet; thence tangent to said curve, South, a distance of 57.93 feet to the M
beginning of a tangent 87.00 foot radius curve, concave Northwesterly; thence
Southwesterly along the arc of said curve, through a central angle of 97 035'41"
a distance of 148.19 feet; thence tangent to said curve, North 82 024'19" West Q
92.89 feet to the beginning of a tangent 179.00 foot radius curve, concave
Southerly; thence Westerly along the arc of said curve, through a central angle
of 14°30'33" a distance of 45.33 feet; thence tangent to said curve, South
83 005'08" West 18.87 feet to the beginning of a tangent 221.00 foot radius
curve, concave Northerly; thence Westerly along the arc of said curve, through a
central angle of 7°44'27" a distance of 29.86 feet; thence tangent to said curve,
North 89 010125" West 210.00 feet to the beginning of a tangent 171.00 foot
radius curve, concave Northerly; thence Westerly along the arc of said curve,
through a central angle of 25 044119" a distance of 76.82 feet; thence tangent to Z
said curve, North 63°26'06" West 56.69 feet to the beginning of a tangent
121.00 foot radius curve, concave Northeasterly; thence Northwesterly along the
arc of said curve, through a central angle of 71°33154" a distance of 151.13 feet; rn
thence tangent to said curve, North 8°07'48" East 250.06 feet to the beginning
of a tangent 221.00 foot radius curve, concave Easterly; thence Northerly along 0
the arc of said curve, through a central angle of 9 026'56" a .distance of 36.45 O
feet to the beginning of a reverse curve, concave Southwesterly, having a radius
of 15.00 feet; thence Northwesterly along the arc of said curve, through a 0
central angle of 86°50'55" a distance of 22.74 feet to its point of tangency
with a line drawn parallel with, and distant 5.00 feet Southwesterly, measured 0
at right angles, from that certain course in the Southerly boundary of said Map C
No. 9338, which is designated thereon as "North 69°16'11" West 132.47 feet"; thence
North 20043149" East 5.00 feet to said Southerly boundary; thence along said i
Southerly boundary, South 69016111" East 72.16 feet; thence leaving said
Southerly boundary, South 20 043149" West. 5.00 feet to a point on the arc of a
non-tangent 15.00 foot radius curve, concave Southeasterly, a radial line to
said point bears North 20 043149" East; thence Southwesterly along the arc of �►
said curve, through a central angle of 94 032'14" a distance of 24.75 feet to
the beginning of a compound curve, concave Easterly, having a radius of 179.00
feet; thence Southerly along the arc of said curve, through a central angle of
8°03147" a distance of 25.19 feet; thence tangent to said curve, South 8°07'48"
West 250.06 feet to the beginning of a tangent 79.00 foot radius curve, concave
Northeasterly; thence Southeasterly along the arc of said curve, through a central*
angle of 71 033'54" a distance of 98.68 feet; thence tangent to said curve, South *'
63 026'06"East 56.69 feet to the beginning of a tangent 129.00 foot radius curve, ; �..
concave Northerly; thence Easterly along the arc of said curve, through a central �r
angle of 25 044'19" a distance of 57.95 feet; thence tangent to said curve, South
89 010125" East 114.00 feet to the beginning of a tangent 25.00 foot radius curve, r
concave Northwesterly; thence Northeasterly along the arc of said curve,, through
a central angle of 90°00'00" a distance of 39.27 feet; thence tangent to said curve,
North 0 049135" East 34.00 feet to the beginning of a tangent 379.00 foot radius
curve, concave Westerly; thence Northerly along the arc of said curve, through
a central angle of 10 002'23" a distance of 66.41 feet; thence tangent to said curve,
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Page 3 of 5 R/W #27902 Cy
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EXHIBIT "A" continued--- n
North 9012'48" West 9.00 feet to the beginning of a tangent 25.00 foot radius r
curve, concave Southwesterly; thence Northwesterly along the arc of said curve,
through a central angle of 90 000'00" a distance of, 39.27 feet; thence tangent
to said curve, South 80 047112" West 36.00 feet to the beginning of a tangent 38.00 M
foot radius curve, concave Easterly; thence Northwesterly, Northerly, and Northeasterly 0
along the arc of said curve, through a central angle of 180 000'00" a distance of 0
119.38 feet; thence tangent to said curve, North 80°47'12" East 68.00 feet to
the beginning of a tangent 35.00 foot radius curve, concave Southwesterly; thence
Southeasterly along the arc of said curve, through a central angle of 90000100" v
a distance of 54,98 feet; thence tangent to said curve, South 9 012'48" East 75.00
feet to the beginning of a tangent 421.00 foot radius curve, concave Westerly;
thence Southerly along the arc of said curve, through a central angle of 10°02'23"
a distance of 73.77 feet; thence tangent to said curve, South 0 049'35" West 34.00
feet to the beginning of a tangent 25.00 foot radius curve, concave Northeasterly;
thence Southeasterly along the arc of said curve, through a central angle of
90°00100" a distance of 39.27 feet; thence tangent to said curve, South 89 010'25"
East 4.00 feet to the beginning of a tangent 179.00 foot radius curve, concave
Northerly; thence Easterly along the arc of said curve, through a central angle
of 7 044'27" a distance of 24.18 feet; thence tangent to said curve, North 83°05'08"
East 18.87 feet to the beginning of a tangent 221.00 foot radius curve, concave
Southerly; thence Easterly along the arc of said curve, through a central angle
of 14°30'33" a distance of 55.96 feet; thence tangent to said curve, South 82°24'19" g
East 92.89 feet to the beginning of a tangent 45.00 foot radius curve, concave
Northwesterly; thence Northeasterly along the arc of said curve, through a central (�
angle of 97 035141" a distance of 76.65 feet; thence tangent to said curve, North, o
a distance of 57.93 feet to the beginning of a tangent 179.00 foot radius curve,
concave Westerly; thence Northerly along the arc of said curve, through a central C
angle of 20 008'11" a distance of 62.91 feet; thence tangent to said curve, North Z
20 008'11" West 160.71 feet to the beginning of a tangent 221.00 foot radius
curve, concave Northeasterly; thence Northwesterly along the arc of said curve,
through a central angle of 6 027103" a distance of 24.88 feet to the beginning of
a reverse curve, concave Southwesterly, having a radius of 15.00 feet thence
Northwesterly along the arc of said curve, through a central angle of 81 056'04" C
a distance of 21.45 feet; thence along the prolongation of a radial line of said
curve, North 5 037'12" West 5.00 feet to a point on the arc of the hereinbefore
mentioned 950.00 foot radius curve, concave Northerly, in the Southerly boundary
of said Map No. 9338, a radial line to said point bears South 5 037'12" East;
thence Easterly along the arc of said curve, through a central angle of 4°17'12"
a distance of 71.08 feet to the TRUE POINT OF BEGINNING. r
,r
Parcel 3• r
A strip of land 20.00 feet of even width, the center line of said 20.00 foot
wide strip of land being described as follows:
M
Commencing at the Westerly terminus of the center line of Malena Drive, as said
center line is shown on the Map of County of San Diego Tract No. 3474-1, according
to the Map thereof No. 9338, filed in the Office of the County Recorder of said M
0
---continued--- X,
Page 4 of 5 R/W #27902
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EXHIBIT "A continued--- fi
San Diego County August 22, 1979; thence along said center line, South 84°53'04"
East 63.09 feet to the beginning of a tangent 400.00 foot radius curve in r
said center line, concave Northerly; thence Easterly along the arc of said
curve, through a central angle of 3 034'05" a distance of 24.91 feet; thence
leaving said center line, along the prolongation of a radial line of said
curve, South 1 032'51" West 30.00 feet to the Southerly right of way line of
said Malena Drive, being the TRUE POINT OF BEGINNING; thence continuing C
South 1°32'51" West 35.32 feet, more or less, to an intersection with the
boundary of the land described in Parcel 1 above. M
The sidelines of the above described 20.00 foot wide strip of land shall be
shortened or prolonged as necessary so as to terminate on the North in the
Southerly right of way line of Malena Drive, and to terminate on the
South in said boundary of the land described in Parcel 1 above.
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Page 5 of 5 R/W #27902
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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, v
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 v
as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's ®,
heirs, successors, or assigns, therefor. M
GRANTOR agrees that no other easement or easements shall be granted on,under,or over this easement without obtaining 0
the prior written consent of GRANTEE. O
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, O
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, Z
shall not increase or decrease or permit to be increased or decreased the existing ground elevations of the above—described I
easement which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE.
w
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 warrants and represents that GRANTOR has the power to grant this easement in accordance with
its terms.
3h Mtnr55 Wberfof, the GRANTOR has executed this Easement this----- ?k!�F_day of F - .., 19 A�?!-.. `
THE MEISTER COMPANY, INCORPORATIPP,
Executed in a Pres ace of:
....... �� W
LE, SR. .V. IC.E
PRESDE'T,
................................................ .......... ...........................................................
Witness.
R/W No._27 2 .........................................I............................
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DRAWN BY
CHECKED BY ......... ®°
ACCT. NO. 0-001-210-05 1
DATE December 11, 1981/ch
8 E(C)-R/W(80)
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PARTNERSHIP FORM
STATEOF......................................... ss
County of........................................... ��qq
On this...............day of...........................A.D., 19.......before me,........................................ .......................... /V
a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn ersonally appeared...... M
known to me to be one of the P nera of the partnership that 0
executed the within instrument, and acknowledged to me that such partnership executed th same. O
3111 lVitllr55 1))I)rred,I have hereunto set my hand and affixed my official seal a day and year in this certificate first ;a
above written. IV
V+
.............. ...................................................................
otary Public in and for said County and State. C.
Z
GENERAL FORM 0
rn
STATEOF................................ .......
County of.......... }ss 7i 1
On this................... ay of..............................A.D. 0
a Notary Public in and r the said County and State,residir This is to certify that 8re interest in reall�r0 19I;2 /��
wftvyad by the deed er gent dated
.................•...... . ..................................... from •amino Creek. ioint_venture of Meister,
personally knot to me to be the person......whose name.. Inc• Firtancma Gene, _nC. _ O .,
acknowledge me that..........he..........executed the same to the Oiivenhain Municipal Water District political C
corporation and/or governmental,agency,is hereby accepted
3111�J 1x55)VI]eVeaf,I have hereunto set my hand and by the Undersigned officer at agent on behalf of the Board
above Itten. of Directom pursuant to authority conferred by Resolution _!
of tha ORvenhaia MURICipal Water District adoptFdOn —1
AprU ti,SS @l,and the grantee's consent to roc dation
thereof#y7 d uthij?
f#c ne1 v
.
Secretary
CORPORATION FORM ✓ '
row
STATE OF. CALIFORNIA "
County of......
�AN..D•I•EGO••••••••••••••• r
On this..23rd.........day of..F.Prl?.X-M4XY.........A.D., 19.82, before me.........P aMe-..d...G.....Nzwtion................
a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn,personally appeared....... Ma
................. T.ER.RY...T.EE.P.LE..............................................known to me to be the...S ., .X ,Ce.......President
.... .... . .... . ....
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and.................XXXXXXXXXXXXXXXX. . . known to me to be the..........XX�£XX�......Secretary
.... . ... ....................... .........._......
THE MEISTER COMPANY, INC. .....
of the............. .............................................................,...........,. .............. ......... ...............
the Corporation that executed the within Instrument, known to me to be the persona who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. ♦ ♦'
Xn )))R E;Vijereaf,I have hereunto set my hand and affixed my official se l the day and year in this certificate first 0
above written. OFFICIAL SEAL 1�
PAMELA G.NEWTON
110TARY PUBLIC-CALIFORNIA .... Pamej.a..�_..Newton. . ..:. ..... .........
PRINCIPALOFFICEIN .....1"
SAN OIEGOCOUNTY Notary Public in and for said Cou t and State. .
My Comm.Expires Apr.2,1985
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SEC. 11 ♦ )
SEC.14 ..V+
COUNTY OFSAN O/EGO n
TRACT 3474-/
MAP 9338 3
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PARCEL / PARCEL Z
54 Y. LINE OFNE%¢
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SECT/ON 14, T. 13 S., /F 4 W.
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�..!ND/GATES WATER
L1NE EASEMENT
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Project: TRACT 9474- 4 m
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References: PLAT C.A.N. 0-001-210-05 0.
VALVE MAR B-& of easements required by the R/W # 27902
Olivenhain Municipal Water District Tax Par. 259-121-23
sum Base Map 2 v
�a+..��4 Eat Date:—DEC. 11,i9a1 MI :`
Sca 1 e: 1'1= 4-001 consulting engineers/arcnitects M
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