1981-56620,-►P
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tM4AMERICA TITLE IMUMWAV— --N f
81-Z-056620
RECORDING REQUESTED BY:
FILE /PAGE NO._.__
8013K 1981
Olivenhain Municipal Water District RECORDED REQUEST OF
TRANSAMEMA ME co.
AND WHEN RECORDED MAIL TO: FES25 !-/1A. AM'81
NAME Olivenhain Municipal Water OFFICIAL RECORDS
District SAM DIEGO COUNTY CALIF.,
STREET
VERA L LVIX 4;
ADDRESS 1966 Olivenhain Road WWRDER
CITY Encinitas ,C
STATE California
ZIP 92024 This space for Recorder's use NO FEE
Title Order No 27906 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No 257-020-24
GRANT OF EASEMENT 2- 3 — 3 55-2- &<a
- ROBERT - E. KAVANAUGH and PATRICIA A. KAVANAUGH, husband and wife as
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------- ggmy n i ty_p nq pg nt
_y ------------------------------------------------------------------------
-------------------
OLIVENHAIN MUNICIPAL WATER DISTRICT, a public
(hereinafter "GRANTOR") hereby grants to ---------------------------------------------------------------------------------
-------------------- corporation___
(hereinafter "GRANTEE") , its successors, or assigns, the following described easement for a right of way ---- 20.00
..............
feet in width, 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, ,4
but not limited to, facilities for power transmission and communication purposes, at such locations and elevations, upon,
7�%
along, over and under the right of way described below as GRANTEE may now or hereafter determine in its sole discretion
without any additional compensation therefor, together with the right of ingress and egress from the easement by a practical �4M
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..Diego State of California, and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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EXHIBIT "A"
That portion of the Southeast Quarter of the Southwest Quarter of the
Southeast Quarter of Section 10, Township 13 South, Range 4 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
according to Official Plat thereof described as follows:
Beginning at the Southeast corner of said Southeast Quarter of the Southwest
Quarter of the Southeast Quarter- thence South 01 605'44" West along the
Easterly line of the Northwest Quarter of the Northeast Quarter of Section
15 in said Township 13 South, Range 4 West, a distance of 131.95 feet to
an intersection with the South line of the North 2 Acres of the Northeast
Quarter of the Northwest Quarter of the Northeast Quarter of said Section
15; thence Westerly along said South line 229.58 feet; thence North 01 005'44"
East to the North line of said Section 15; thence North 02 008'24" East along
a line parallel with the East line of the Southwest Quarter of the Southeast
Quarter of said Section 10, a distance of 132.17 feet; thence West, parallel
with the South line of said Section 10 to the East line of West 353.00 feet
Of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter,
being the True Point of Beginning; thence North along said East line to the
North line of said Southeast Quarter of the Southwest Quarter of the Southeast
Quarter; thence East along said North line to the East line of said
Southeast Quarter of the Southwest Quarter of the Southeast Quarter; thence
South along said East line 521.00 feet to a line that bears South 87 053'16"
East from the True Point of Beginning; thence North 87 053116" West 308.00
feet more or less to the True Point of Beginning.
R/W #27906
4-1 ml
t� i
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543
Said easement of right of way in the aforesaid lands is particularly described as follows:
The Northerly 20.00 feet of the Easterly 195.48 feet of said Southeast
Quarter of the Southwest Quarter of the Southeast Quarter of Section 10.
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 granted 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 permit 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 costa 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. /
3111 �?JiW0 Wgereof, the GRANTOR has executed this Easement this ._.__.• t! / /_.day
Executed in the Presence of ,
. .........
Witness.
............................. .............. ................ ..... .`.(o..:.. ..
Witness.
R/ W No.
27906 ........................................ ...............................
DRAWN BY
CHECKEDBY ....................................... ...............................
ACCT.NO. C- 001 - 265 -01
DATE August 8. 198
.................................
.:.. ..
BEC (C) —R /W (80)
x
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}
543
Said easement of right of way in the aforesaid lands is particularly described as follows:
The Northerly 20.00 feet of the Easterly 195.48 feet of said Southeast
Quarter of the Southwest Quarter of the Southeast Quarter of Section 10.
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 granted 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 permit 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 costa 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. /
3111 �?JiW0 Wgereof, the GRANTOR has executed this Easement this ._.__.• t! / /_.day
Executed in the Presence of ,
. .........
Witness.
............................. .............. ................ ..... .`.(o..:.. ..
Witness.
R/ W No.
27906 ........................................ ...............................
DRAWN BY
CHECKEDBY ....................................... ...............................
ACCT.NO. C- 001 - 265 -01
DATE August 8. 198
.................................
.:.. ..
BEC (C) —R /W (80)
x
STATE OF., California :j
County of. ... San..D3ago ea
- ;
�= On this ........ ath ...... day of... December ........... A.D., 19 ... BO before me, ...Linda..Lee..Rosencju1zt .................
a Notary Public in and for the said County and State residing therein duly commissioned and sworn personally appeared......
Patricia A. Kavanaugh and Robert E, Kavanaugh
................... ......... :...
personally known to me to be the person.S ... whose name. S ... AMI ...............subscribed to the within Instrument, and duly
acknowledged to me that...... t..he...Y.....executed the same.
In Wftness # btrtof, t have hereunto set my hand and ffixed my official seal the day and year in this certificate first s,
" above written.
(O rICIAL SEAL)
). LVIDA LEE rDSEE";QUUT
A;uOiNIA„ � {, .... . 1� ........................ s. ,
xK f ..,.!'A OItCf1N
�"- •�' , Notary Public in and for a only and State.
n1i Uh_ u COUNTY 7, Linda Lee Rosen uist
My Conimisslon Expires August 7, l:l 9,
1`!
4 01
i
CORPORATION FORM
STATE OF ....
County of ....: ..... ..:............ ss
On thia ....................day of................ ..A.D., 19....... before me..............
............ ................. ...............................
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared.......
T ....President
..............:...:................... ............................... ..........................known to me to be the.........................
and ..................:............... ............................... ..................:......known to me to be the .............................. Secretary
of the .................................... ............................... . ......................... ........... . ... .... .................
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 same.
tl
At Witnego Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
•
is b
e that Irtterast+n r E2 ►q Flo
" STATF. OF .............................:
County of ....... ...............................
dThk
el by U 66w
le�� _T1RlGIA. � tCPai4aJAtlE,r AliO
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..
W Me 011venhain MUWPII Wder Obttid, a 00 01
On this ...............day of..........
aep AN and /a peeminenW send, b Mreblr aeoepW ..........................
by the undtus" tAf m or meat an beW of ik eoed
-
a Notary Public m and for the said Cc
....
M QlraatatS punulM b a onally appeared......
ttth" conferred tri Rados" onal appeared
N Ma OWenW Mrtaidpel WSW Okffld adoptedon the partnership that
Md 41861. and the panlWs caeeent to ruvddien
executed the within instrument, and &
tpNael its uh aul fttl rte. 017 A
In Witness Whereof, I have here
Ow this certificate first
above written.
................................................... ............ ..................
Notary Public in and for said County and State.
3
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GENERAL FORM
STATE OF., California :j
County of. ... San..D3ago ea
- ;
�= On this ........ ath ...... day of... December ........... A.D., 19 ... BO before me, ...Linda..Lee..Rosencju1zt .................
a Notary Public in and for the said County and State residing therein duly commissioned and sworn personally appeared......
Patricia A. Kavanaugh and Robert E, Kavanaugh
................... ......... :...
personally known to me to be the person.S ... whose name. S ... AMI ...............subscribed to the within Instrument, and duly
acknowledged to me that...... t..he...Y.....executed the same.
In Wftness # btrtof, t have hereunto set my hand and ffixed my official seal the day and year in this certificate first s,
" above written.
(O rICIAL SEAL)
). LVIDA LEE rDSEE";QUUT
A;uOiNIA„ � {, .... . 1� ........................ s. ,
xK f ..,.!'A OItCf1N
�"- •�' , Notary Public in and for a only and State.
n1i Uh_ u COUNTY 7, Linda Lee Rosen uist
My Conimisslon Expires August 7, l:l 9,
1`!
4 01
i
CORPORATION FORM
STATE OF ....
County of ....: ..... ..:............ ss
On thia ....................day of................ ..A.D., 19....... before me..............
............ ................. ...............................
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared.......
T ....President
..............:...:................... ............................... ..........................known to me to be the.........................
and ..................:............... ............................... ..................:......known to me to be the .............................. Secretary
of the .................................... ............................... . ......................... ........... . ... .... .................
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 same.
tl
At Witnego Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
95
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V. SECT /ON 20' 2 W
9XGLOVE ST.
T. 13 S., m r(= R. 4 W. xQ
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M.. 1N0 /GATES WATER s=
1.WE EASEMENT
Project: TRACT 3761-1 6011A /I. PARK)
References:_
VAGVEMAP B 5 PLAT . C.A.N. C•001- 2105 -01
of easements required by the R/W # 27906 fr$
Olivenhain Municipal Water District Tax Par. 257 - 020 -24
1.;
600aalle o-wg Carr -gar. Base Map I s
Scale: I % zoo' Date:' AU6.8, 1980
consumna enconeef8 Bfcnitect5
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