1989-591938i.XGUIDING V-r-QLWP 9�c-k
STEWART TME COMPANY
AND WHEN RECORDED MAIL TO:
NAME OLIVENHAIN MUNICIPAL WATER
j§TREET DISTRICT
ADDRESS 1966 Olivenhain Road
Encinitas
CITY California
STATE
ZIP 92024
Title Order No. 88852-6
Tax Parcel No. 264-020-07
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VERA L. LYLE
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NO DOCUMENTARY TRANSFER TAX NO FEE
GRANT OF EASEMENT
IN
----- ___ -- CORPORATED, - -----------------a Delaware co�,p ------------------- ........ .......... .................
----------------------------------------------------------------------------------------------------------------------------
(hereinafter "GRANTOR") hereby grants
............................................................................................................................
(hereinafter "GRANTEE") , its successors, or assigns, the following described easement for a right of way ...... 2 Q..Qp .....
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,
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
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 .... State of California, and is more
particularly described as follows, to wit;
Parcel 1 of Parcel Map No. 9156, in the County of San Diego, State of California,
filed in the office of the County Recorder of said San Diego County September 20,
1979.
1 J I I I I I I
I► II 19 f989 j
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.
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 3
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. t
3In ))J'ltne55 U)IJCreof, the GRANTOR has executed this Easement this ---- 2Q -------- day of _ J}lr}g ________ -_ , 19__ -$Q_ .
Executed in the Presence of:
...................................... ...............................
Witness.
........................................ ...............................
Witness.
R/W No. 88852
DRAWN BY.
CHECKED BY
ACCT.NO. SD -001- 316 -02 /tb
DATE May 10, 1989
3EC (C) —R/ W (80)
BARRATT AMERICAN INCORPORATED,,,,,,,,
...... ......... ...............................
L
... ........ ' ..... ................ .....
PH . TRACY SENIOR V E RESIDENT
1125
PARTNERSHIP ACKNOWLEDGMENT rq.=
State of On this the _day of 19_, before me,
SS.
County of }
the undersigned Notary Public, personally appeared
• personally known tome
• proved to me on the basis of satisfactory evidence
to be the persons) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed It.
WITNESS my hand and official seal.
Notary's Signature
This is to certify that the interest in real property
conveyed by the deed or grant dated June 20, 1989
from 'Barratt American Incorporated, Delaware Corp.
to the Olivenhain Municipal Water District, a political
corporation and /or governmental agency, is hereby accepted
by the undersigned officer or agent on behalf of the Board
of Directors pursuant to authority conferred by Resolution
of the Olivenhain Municipal Water District adopted on ,
April 6, 1951, and the grantee's consent to recorda�iim
thereof by its duly authorized officer.
Dated October 11, 1989
By
Secretary
,r
CORPORATE ACKNOWLEDGMENT
w
II.GCCI.CUIJ�.�J {��
Stateof CALIZMTA On this the 20 day of JUNE 1989, before me,
SS.
County of SAN DIEGO PATRICIA L. BEVIL
the undersigned Notary Public, personally appeared
JOSEPH E. TRACY ,
personally known tome
FQN, OFFICIAL SF_AL ❑ proved to me on the basis Of satisfactory evidence
ATRICIA L, BEVIL to be the person who executed Ina within Instrument as
tary Public — California SENIOR VIE PRES. as on behalf of the corporation therein
AN DIEC,O COUNTY named, and acknowledged to me that the corporation executed It.
omm. Exp. Mef, 31, 1992 WITNES, ! hand and of iciai,geal. .
{ EXHIBIT "A"
i
All that portion of said Parcel 1 of Parcel Map No. 9156 included within a
strip of land 20.00 feet of even width, the Easterly line of said 20.00 foot
ii wide strip of land being described as follows:
Beginning at a point on the Northerly line of said Parcel 1, distant thereon
South 89 °48'45" West (record South 89 °55'40" West) 354.49 feet from the
Northeast corner of said Parcel 1; thence South 9 °47127" West 387.27 feet to a
point on the arc of a non — tangent curve, concave Southwesterly, having a radius
of 80.00 feet, a radial line to said point bears North 46 °54127" East.
�! The Westerly line of the above described 20.00 foot wide strip of land shall be
shortened as necessary on the south so as to terminate in the arc of said 80.00
foot radius curve.
C
pj EXCEPTING from the above described 20.00 foot wide strip of land, that portion
n thereof lying Northerly of the Southwesterly line of that certain 30.00 foot
wide strip of land described in peed to the Olivenhain Municipal Water
District, filed in the Office of the County Recorder of said San Diego County
October 27, 1971 as File /Page No. 247288 of Official Records.
R/W 488852