1985-228024M
RECORDING REQUESTED BY:
OLIVENHAI.N MUNICIPAL WATER DISTRICT
AND WHEN RECORDED MAIL TO:
631 8.- 228024
r, Els
Ji pS', I, E;E�LC C;;Ia t %
1985 IN 26 AN ID 22
VER— Lt v E
COUNTY ktLii�iU�'ft {
NAME Olivenhain Municipal Water
STREET District ���
ADDRESS 1966 Olivenhain Road NO
CITY Encinitas
STATE
ZIP California This space for Recorder's use
Title Order No.___.. NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 265- 062 -18
GRANT OF EASEMENT
dOC' UINTARY TRANSFER TAX
..
______LABOR REH and ILONA REH, husband and wife as _joint tenants and KENNETH R. SNYKER
- - - - -
and ELIZABETH C. SNYKER, husband and wife as community property
(hereinafter "GRANTOR ") hereby grants to ------------ OLIVENHAIN MUNICIPAL WATER DISTRICT, a public
agency
(hereinafter "GRANTEE ") , its successors, or assigns, the following described easement for a right of way ------ 30.0 - 0
_ - -_ 30 :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,
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, tay�phy{�gapp{g�gpX�X��tt�
xaoxtt�cG�MxnswaKraexucrnxsxtreciarmBXDa arri8seflkmv, together with the right to use this easement for access to
GRANTEE's rights of way situated,in adjacent jands, without any additional compensation therefor.
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Said easement of right of way is particularly described as follows:
The Easterly 30.00 feet of the South Half of the East Half of the Southwest
quarter of the Southwest quarter of Section 24, Township 13 South, Range 4 West,
San Bernardino Meridian, in the County of San Diego, State of California,
according to the Official Plat thereof.
EXCEPTING therefrom, that portion of said Easterly 30.00 feet lying Southerly
of the Northerly right of way line of Manchester Avenue, so shown on County
of San Diego Tract No. 4328, according to the Map thereof No. 10818, filed in the
Office of the County Recorder of said San Diego County January 12, 1984.
1
• -1. 632
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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,
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 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.
At MMC55 Myao , the GRANTOR has executed this Easement this - - -I4 til ------ day of____ .Jylpg--------
Executed in the Presence of: 7
.................................. ............................... ..�
Witness. � :........
Witn
........ ..............
............ - ........
e l /�.
.........
R/W No. - -- ---- -' M -001 ...... .... ............. ............
DRAWN BY J. A.
CHECKED BY cG�....... /........ /C?�!L
ACCT. NO. SD- 001-085 -00 /tb
DATE June 4, 1985
EC (C� —R /W (80) ....................................... ...............................
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633
CAT. NO. NNG0627
TO ,saes CA (1_83) dffi TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
ATTAC M TO GRANT OF EASMW
)
COUNTY OF San Diego } SS.
On June 18, 1985 )before me, the undersigned, a Notary Public in and for
said State, personally appeared
* ILONA REH*
z
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_ whose name iS subscribed to the
within instrument and acknowledged that She exe-
cuted the same. OFFICIAL SEAL
WITNESS m hand and official seal. �1 y BILLIE L. SCHAF "ER
notary Public Calrlorma
Principal Office to
7 —++ San Dlego County
Signatur / x',47; My Comm. Exp, Sept. 25. 1987
L(This area for official notarial seal)
GENERAL ACKNOWLEDGMENT
t
State of Cal i fnrn i a On this the].4thday of June 19—U, before me,
�ss. Billie L. Schafer
county of _Gan Pi a�rn
" the undersigned Notary Public, personally appeared
1;
Kenneth
��eerR. Snyker, Gabor Rehr Elizabeth
FICML SEAL Srne� ally known to me Y
f� BILLIE L. SCHAFER'n Quad tome on the basis of satisfactory evidence
i to b the person(s) whose name(s) ara subscribed to the
A ��* Notary Public-Calif, ' with Instrument, and acknowledged. that i'ha executed It.
{ Y
Principal Office In
1 San Oieno County WIT IE my hand and of
aty Comm. Exp. Sept. 25, 1987
° Not ry's Signature
`vi iii/. v��i. �+ rr�+? Y/. �. i/ irr.:+!_ r. Ylrl!!•+ 1 .Cu?l':222YrrJ�i+/�2?1 %�lr!!l' !� ?.+,Cllr -�3�
CORPORATE ACKNOWLEDGMENT wo
t Crime zrir ��r�i!.
State of On This is to coo" that the Interest in reNDtODtlh 1985
l ss. conveyed by th e� or gn
County of ) rram Gabor t Ilona Reh, wh it, Kenneth R.
• the & Elizaha *h (' CnVkarr hwee
to the Olivenhain Municipal Water Disfitt, a p f '
corporation and /or governmental agency, is her* neepled
by the undersigned officer or agent on bebetl of tholloeQ
a of Directors pursuant to authority eonfe.•� by Ilasolutesi'
of the 014e11118in Muaidpal Water District ado4tedon
tot April 6, 1961, and the grantee's cartm {i 'revid%tion
— thereof by As duty authorized officer. G
`! nar (1Knd 24 .Tune 19
Wn 6y r
/ Secretary
�. Nol
634