Loading...
1981-109838r i r rn �a G , v rn- 1374 .� aim 81-- 10g�:�8 n RECORDING REQUESTED BY: FILE/ PAGE NO.,_______ OLIVENHAIN MUNICIPAL WATER DISTRICT BOOK 1981 RECORDED REQUEST OF TRANSApMpERICA TITTLE CO. AND WHEN RECORDED MAIL TO: APR ] O 8:00 AM'81 frn NAME Ol i venhai n Municipal p al Water OFFICIAL RECORDS SAN DI�E�GO CLUL, CALIF, , STREET District O r ADDRESS 1966 Olivenhain Road RECORDER - CITY Encinitas NO FEE STATE California ZIP 92024 This space for Recorder's use Title Order No.. 27869 TRANSAMERICA TITLE NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 257- 020-07 GRANT OF EASEMENT Z' 0 - NORMAN H. MEYERS, a single man - - - -- - - - - - - - - -- - -- -- -- ----------------------------- - - - - -- ---- - - - - -- m --------------------------- - - - - -- - - -- ---- - - - - -- ----------------------------------------------------- OLIVENHAIN MUNICIPAL WATER DISTRICT, a,public (hereinafter "GRANTOR ") hereby grants to_________ ______ __ __ { O t _ corporation - - - - -- - - -- ---------------------------------- - - - - -- ------------------------------------------------ (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of wayXXXXXXXXXXXX .__ ! UKXtXki', 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 additional 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 � C< GRANTEE'S rights . of way situated,in adjacent lands, without any additional compensation therefor. i The land encompassing this easement is situated in the County of San Dego State of California, and is more M _____ described particularly as follows, to wit: t The Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the County r '. of San Diego, State of California, according to the Official Plat thereof. r i r rn �a G , v rn- 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 granted on, under, or over this easement without obtaining the prior written consent of GRANTEE, provided, however, no such consent shall be required when granting easements to San Diego Gas & Electric Company. GRANTEE may at any time increasers 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, r 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. t' 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. 3111 Vitne�g lftreof, the GRANTOR has executed this Easement this--' 3- -------- day of--_7 — --------_" Executed in the Presence of- C/ W i tn s'. s**. ..................................... ............................... Witness. r ti �l 1376 EXHIBIT "A" All that portion of said Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, described as follows: Beginning at the Southeast corner of said Northeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; thence along the Southerly line of said Northeast Quarter of the Southwest Quarter of the Southeast Quarter, North 89 °09'25" West 195 ;48 feet; thence North 0 °50'35" East 5.00 feet; thence North 89 009'25" West 51.38 feet to the beginning of a tangent 214.00 foot radius curve, concave Northerly; thence Westerly along the arc of said curve, through a central angle of 11 °13'13" a distance of 41.91 feet to the beginning of a reverse curve, concave Southerly, having a radius of 186.00 feet; thence Westerly along the arc of said curve, through a central angle of 21 °30'59" a distance of 69.85 feet; thence South 10 022138" East 3.98 feet; thence South 79 037'22" West 6.00 feet; thence North 10 022'38" West 4.02 feet to a point on the arc of a non - tangent 214.00 foot radius curve, concave Northerly, a radial line to said point bears South 9 034127" East; thence Westerly along the arc of said curve, through a central angle of 10 °25'02" a distance of 38.91 feet; thence tangent to said curve, North 89 °09'25" West 141.63 feet to the beginning of a tangent 64.00 foot radius curve, concave Northeasterly; thence Northwesterly along the arc of said curve, through a central angle of 91 026'55" a distance of 102.15 feet; thence tangent to said curve, North 2 017130" East 31.15 feet -the beginning of a tangent 864.00 foot radius curve, concave Easterly -,—thence Northerly along the arc of said curve, through a central angle of 8 °33'04" a distance of 128.95 feet; thence tangent to said curve, North 10 050'34" East 39.95 feet to the beginning of a tangent 330.83 foot radius curve, concave Westerly; thence- Northerly along the arc of said curve, through a central angle of 5 032125" a distance of 31.99 feet; thence North 87 043'12" West 38.51 feet to the Easterly line of the Westerly 22.00 feet of said Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10; thence along said Easterly line, North 2 016148" East 20.00 feet; thence South 87 043'12" East 38.96 feet to a point on the arc of a non - tangent 330.83 foot radius curve, concave Westerly, a radial line to said point bears South 88 009'46" East; thence Northerly along the arc of said curve, through a central angle of 9 050'14" a distance of 56.80 feet to the beginning of a reverse curve, concave Easterly, having a radius of 864.00 feet; thence Northerly along the arc of said curve, through a central angle of 10 °17'30" a distance of 155.20 feet; thence tangent to said curve, North 2 °17'30" East 50.46 feet to the beginning of a tangent 64.00 foot radius curve, concave Southeasterly; thence Northeasterly along the arc of said curve, through - -- continued - -- Page 1 of 3 R/W No. 27859 Y C { m ru. r r m rn 0 v� m mom 1377 EXHIBIT "A" continued - -- a central angle of 110 °31'54" a distance of 123.47 feet to the beginning of a reverse curve, concave Northerly, having a radius of 186.00 feet; thence Easterly along the arc of said curve, through a central angle of 36000118" a distance of 116.88 feet to the beginning of a reverse curve, concave Southerly, having a radius of 464.00 feet; thence Easterly along the arc of said curve, through a central angle of 13 053'13" a distance of 112.46 feet; thence tangent to said curve, South 89 017'41" East 97.46 feet to the beginning of a tangent 84.00 foot radius curve, concave Southerly; thence Easterly along the arc of said curve, through a central angle of 24 °24'15" a distance of 35.78 feet; thence along the prolongation of a radial line of said curve, North 25 006'34" East 3.00 feet to a point on the arc of a non: tangent 87.00 foot radius curve, concave Southwesterly, a radial line to said point bears North 25 006'34" East; thence Southeasterly along the arc of said curve, through a central angle of 39 032'47" a distance of 60.05 feet; thence tangent to said curve, South 25 020'39" East 26.68 feet to a Point on the arc of a non - tangent 456.00 foot radius curve, concave Westerly, a radial line to said point bears North 81 042'19" East; thence Southerly along the arc of said curve, through a central angle of 17 °00'01" a distance of 135.30 feet; thence tangent to said curve, South 8 042120" West 110.97 feet to the beginning of a tangent 1011.13 foot radius curve, concave Easterly; thence Southerly along the arc of said curve, through a central angle of 9 005'24" a distance of 160.42 feet; thence tangent to said curve, South 0 °23'04" East 101.76 feet to a point hereinafter referred to as Point "A "; thence South 89 036'56" West 38.00 feet to a point hereinafter referred to as Point "B "; thence North 0 023'04" West 101.76 feet to the beginning of a tangent 1049.13 foot radius curve concave Easterly; thence Northerly along the arc of said curve, through a central angle of 9 °05'24" a distance of 166.45. feet; thence tangent to said curve, North 8 °42'20" East 110.97 feet to the beginning of a tangent 418.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve, through a central angle of 17 °00101" a distance of 124.03 feet to the beginning of a compound curve, concave Southwesterly, having a radius of 53.00 feet; thence Northwesterly along the arc of said curve, through a central angle of 81 000'00" a distance of 74.93 feet; thence ' 'tangent to said curve, North 89 017'41" West 97.46 feet to the beginning of a tangent 433.00 foot radius curve, concave Southerly; thence Westerly along the arc of said curve, through a central angle of 13 °53'13" a distance of 104.95 feet to the beginning of a reverse curve, concave Northerly, having a radius of 217.00 feet; thence Westerly along the arc of said curve, through a central angle of 36 °00'18" a distance of 136.36 feet to the beginning of a reverse curve, concave Southeasterly, having a radius of 33.00 feet; thence Southwesterly along the arc of said curve through a central angle of 110 °31'54" a distance of 63.66 feet; thence tangent to said curve, South 2 °17'30" West 50.46 feet to the beginning of a tangent 833.00 foot radius curve, concave - -- continued - -- Page 2 of 3 R/W No. 27859 V n` 0 v 1373 EXHIBIT "A" continued--- Easterly; thence Southerly along the arc of said curve, through a central angle of 10 017'30" a distance of 149.62 feet to the beginning of a reverse curve, concave Westerly, having a radius of 361.83 feet; thence Southerly along the arc of said curve, through a central angle of 9 °47'50" a distance of 61.87 feet; thence along the prolongation of a radial line of said curve, South 88 °12'10" East 2.00 feet; thence South 2 017'30" West 6.00 feet; thence North 87 °42'30" West 2.00 feet to a point on the arc of a non - tangent 361.83 foot radius curve, concave Westerly, a radial line to said point bears South 87 015'12" East; thence Southerly along the arc of said curve, through a central angle of 8 005146" a distance of 51.13 feet; thence tangent to said curve, South 10 050'34" West 39.95 feet to the beginning of a tangent 833.00 foot radius curve, concave Easterly; thence Southerly along the arc of said curve, through a central angle of 8 °33104" a distance of 124.32 feet; thence tangent to said curve, South 2 017'30" West 31.15 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 91 °26'55" a distance of 52.67 feet; thence tangent to said curve, South 89 °09'25" East 141.63 feet to the beginning of a tangent 183.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve, through a central angle of 11 013'13" a distance of 35.84 feet to the beginning of a reverse curve, concave Southerly, having a radius of 217.00 feet; thence Easterly along the arc of said curve, through a central angle of 22 °26'26" a distance of 84.99 feet to the beginning of a reverse curve, concave Northerly, having a radius of 183.00 feet; thence Easterly along the arc of said curve, through a central angle of 11 013'13" a distance of 35.84 feet; thence tangent to said curve, South 89 009'25" East 61.38 feet to the beginning of a tangent 33.00 foot radius curve, concave, Northwesterly; thence Northeasterly along the arc of said curve, through a central angle of 91 013'39" a distance of 52.54 feet to the point hereinbefore designated as Point "B "; thence North 89 °36'56" East 38.00 feet to the point hereinbefore designated as Point "A "; thence South 18 °56'23" West 23.50 feet to the beginning of a tangent 67.00 foot radius curve, concave Northwesterly; thence Southwesterly along the arc of said curve, through a central angle of 43 037'07" a distance of 51.01 feet to the Northerly line of the Southerly 10.00 feet of said Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10; thence along said Northerly line, South 89 009'25" East 163.99 feet to the Easterly line of said Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10; thence; along said Easterly line, South 2 °18104" West 10.01 feet to the Point of Beginning Page 3 of 3 R/W No. 27859 1379 STATE OF ............ County of ...... ss On this ...............dey of.......,.... A.D„ 19......,befoie me,.,.......................... . ............................... .... ....... a Notary Public in and for the said County and Sta e_fesiding therein, duly commissioned and sworn, personally appeared...... ............................ . known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me fiat such part rship executed the same. 1f11 VIIIIe55'V)1) f0f, I have hereunto set my h d and affixed my offici -s\I the day and year in this certificate first above written, .. ............................... . Notary Public in and for said County and State. . `l GENERAL FORM STATE OF. ......"'....... County of.... ...,...`�- �......... } ss 1 On this...a .....day of ...�1`�` ^ - !...... A.D., MO.)., before me,..A.h.l n!.�.'.... ............ a Notary Public i and for the said Cc t /un�y and S t , residing therein, duly commissioned and sworn, personally appeared...... ........... ....... .r . .!! ..... ........,............................,....... ............................... personally known to me to be the person...... whose ....subscribed to the within Instrument, and duly acknowledged to me that .......... he .......... executed the same. 3fIt iUlWl E; Uf)fl'fd, I have hereunto set my hand and affixed my official seal the day and year in this certificate first QN-i above written.+^ S:Z. WINNIE B, MARTIN e g<; Tf, ; NOTARY PUBLIC-CALIFORNIA a. lYf'. SAN DIEGO COUNTY `e..,......, "`" Notary Public in and for said County and State. My Commission Expires August 23, 1983, r °r�+t 2749 VIA DE LA VALLE, DEL MAR, CA, gZbIA STATE .. ............................... ss County off . .... ............................... .... this it f. hll flat 1M % Q % On this .................... day of........... ..A.D., 19.. COrnt"Id 11 �dNd�a dar`-i J a Notary Public in and for the said County nn ate, residrn erem, ............................................ I ...................... w tM Oirenhain Municipal Water Datnet a and .............................. . ............./dacknowledged .. ......... aft and /or PwIMMental aganef u hK9WJ► of the........... by tAA ed offieer or agent on beha1ot' tale BOW ..................... ............... � .... try IM yndasi�n contertEd by Rem "' r• E f DjW*M pursuant 1D auth0fft c, 4i E . the Corporation that executed the witht, known to me to �tto00MhainMunle ipalWaterDistnd•adopfedan a / �'•. behalf of the Corporation therein namwledged to me that �pn1 ti, 1961,ind the grantee's consent to Xn �?JIMW Vfffeof,I have here and and affixed m, thelali � U hOfO { �� above written. B>r l _ ....�. 1379 STATE OF ............ County of ...... ss On this ...............dey of.......,.... A.D„ 19......,befoie me,.,.......................... . ............................... .... ....... a Notary Public in and for the said County and Sta e_fesiding therein, duly commissioned and sworn, personally appeared...... ............................ . known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me fiat such part rship executed the same. 1f11 VIIIIe55'V)1) f0f, I have hereunto set my h d and affixed my offici -s\I the day and year in this certificate first above written, .. ............................... . Notary Public in and for said County and State. . `l GENERAL FORM STATE OF. ......"'....... County of.... ...,...`�- �......... } ss 1 On this...a .....day of ...�1`�` ^ - !...... A.D., MO.)., before me,..A.h.l n!.�.'.... ............ a Notary Public i and for the said Cc t /un�y and S t , residing therein, duly commissioned and sworn, personally appeared...... ........... ....... .r . .!! ..... ........,............................,....... ............................... personally known to me to be the person...... whose ....subscribed to the within Instrument, and duly acknowledged to me that .......... he .......... executed the same. 3fIt iUlWl E; Uf)fl'fd, I have hereunto set my hand and affixed my official seal the day and year in this certificate first QN-i above written.+^ S:Z. WINNIE B, MARTIN e g<; Tf, ; NOTARY PUBLIC-CALIFORNIA a. lYf'. SAN DIEGO COUNTY `e..,......, "`" Notary Public in and for said County and State. My Commission Expires August 23, 1983, r °r�+t 2749 VIA DE LA VALLE, DEL MAR, CA, gZbIA STATE .. ............................... ss County off . .... ............................... .... this it f. hll flat 1M % Q % On this .................... day of........... ..A.D., 19.. COrnt"Id 11 �dNd�a dar`-i J a Notary Public in and for the said County nn ate, residrn erem, ............................................ I ...................... w tM Oirenhain Municipal Water Datnet a and .............................. . ............./dacknowledged .. ......... aft and /or PwIMMental aganef u hK9WJ► of the........... by tAA ed offieer or agent on beha1ot' tale BOW ..................... ............... � .... try IM yndasi�n contertEd by Rem "' r• E f DjW*M pursuant 1D auth0fft c, 4i E . the Corporation that executed the witht, known to me to �tto00MhainMunle ipalWaterDistnd•adopfedan a / �'•. behalf of the Corporation therein namwledged to me that �pn1 ti, 1961,ind the grantee's consent to Xn �?JIMW Vfffeof,I have here and and affixed m, thelali � U hOfO { �� above written. B>r l 4` ti f I:;��� 9Co FOXGLDI/E ST. SECTION 22 F A > NE %4 OFSW4 OFSE %4 Q; a N T, 13S., 2 W R. 4 W.. h fi ~ WW /00 � 2 V fj1 I� •-P /o/ w � /02 to ti W r� /95.4H' !03 � o 16E OFSWY4 OFSE%¢ N ..INDICATES WATER LINE EASEMENT Project: TRACT 3761 -1 (QUAIL PARK) References: yAwF MAP 8-5 PLAT C.A.N. C- oo / -2105 0/ of easements required by the R/W tt 07859 Olivenhain Municipal Water District Tax Par. 257 - 000 -07 Base Map Date: 1 AUG. 4, /980 C Scale: 1 —200 consulting engineers i arcrotccts