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1986-547600soft RECORDING REQUESTED BY: 86-5476CO TRANSAMERICA T]77.E INSURANCE a), rF?SAN DIEGO COUNTYRA. AND WHEN RECORDED MAIL TO: NAME OLIVENHAIN MUNICIPAL WATER 1986 NOV26AM8:00 ADDRESS 1966 Olivenhain Road Encinitas _�COUNIY ORDE�j CITY California STATE 92024 This space for Recorder's use AR ZIP TitleOrderNo. 6004245 NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 259-221-68 GRANT OF EASEMENT oovon onoronuo omnozoPmomr oownAmr uczvomoAzm momzczpxL nAcoo ozaruzc», A eoaLzc uoEmur m°��°u" ^oa»Nzoo.')��*r���u`-----_-------------------'_—_------'----�' ___________________________________ __________________ (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of --- feet in width, m, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repair, maintain, and use " pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including, but not limited m. *°uiae" for power transmission and communication vmnvmes, at such 'vo"a*m 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 ^y"practical route or routes in, upon, over, or across the land described below, together with the right to use this easement for access m GoAmrmE'o rights vf way situutea.i" adjacent lands, without any additional compensation therefor. The land encompassing this easement is situated in the County vf_!4-r!'R!fgR------ mmteofom/mmm. and /amore particularly described ov muv°s, to wit: ruemurtuai:zr 289.00 feet of Block zo in the Colony of oziveuuaio' in the c000tv of San Diego, State of California, according to the man thereof mn' azo, filed in the ' office of the cnoutr Recorder of said San Diego 0000tx Jozx n, zaos, T000reEn WITH that portion of the Southerly uazc of 6th Street adjoining said ozouk eo on the North, as vacated and closed to ooulin oae' ` �.` ~ r' - |r& ' f I Satz Said easement of right of way in the aforesaid lands is particularly described as follows: The Northerly 20.00 feet of said Southerly half of 6th Street adjoining said Blook 26 on the north, as vacated and closed to public use. 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 warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. cC At V tnr55 Wi�rred, the GRANTOR has executed this Easement this ---- -------- day of__ ------ , 19.R.— Executed in the Presence of: ...................................... ............................... Witness. .. ............................... ..................... Witness. .. R/W No. 6004245 DRAWN BY CHECKED BY ACCT. N0. SD -001 —405 -0 / -b DATE September, 16, 1986 BEC (C) —R /W (80) i E j Q ............... ........... ............................... A -j x— kL. ;,o (e> N `4. lX.... d/.' .. Q ... ..r ........................ `✓ �oHN L. COVE PARTNERSHIP ACKNOWLEDGMENT State of - _ On this the day of 00;t • 79 i6efore me, ss. ' Sl�.gu `�gae'� Countyof ' the undersigned Notary Public, personally appeared • • ..............-6- rrca-rc Wrwtd • -- - OFFICIAL SEAL F. SHAWN BARRI=R tO knowntome me on the basis o a ' actory evidence t�( NOTARY PUBLIC - CALIFORNIA ` a�' - ons) who exec t the m instrument on behalf of the ! PRINCIPAL OFFICE IN ac o to a th a partnershi executed it. SAN DIEGO COUNTY p .� ha and fats I My Commission Exp. March 2, 199 PAreraaesfizP �� .GENERAt ACKNOWLEDGMENT stated On this the-3—dayof - 19 eforeme, SS. County o ) L°rl°.'b'VLt db�e9}�' ndersigned Notary Public, personally appeared OFFICIAL SEAL / h Z— O Ze V 1L .w F. SHAVIN BARREIRA NOTARY PUBLIC - CALIFORNIV0 ersonauy known to me PRINCIPAL OFFR:E'IN *2!f roved to me an the bast f satisfactory evidence G SAN DIEGO COUNTY to Ihepersonts)whose e(s) subscribedtathe A My Commission Exp. hi arch 2, 199ty1t n insl E7 N� Thts is to certify that the interest in rea pr eryy conveyed by the deed or vrit dated �MOber 6 PA47 -IJe 5H( P On this in from Cover Brot ers eve o m Company- to - - the Olivenhain Municipal Water District, a pa lain corporation and /or governmental agency, Is thereby accepW by the undersigned officer or agent -on b,hi ff of ttx Boxd of Directors pursuant to authority Conferred by Re�Nufimt of the Olivenhain Municipal Water District adoptedcn April 6, 1961, and the grantee's consent to recordaUori thereof by its d��uiyy authorized officer... Dated 21 NovembetrXN 6 By — - 3ecrtdarl' ersonally known to me roved to me on the basis of satisfactory evidence the person(s) wh •m cuted the within instrument as oron behalf of the corporation therein de !d. and acknowle c, me tbariffrZorooralion executed it. State of l ss. County of 6"ni.3'i�°r'.a °o'6'L°sSfLri.^ Ne�S:�Ptrt'"ar',x51'��'s�'ar n.• OFFICIAL SEAL . ' F. SHAWN BARRERA NOTARY PUBLIC -CALIFORNIA z PRINCIPAL OFFICE IN SAN DIEGO COUNTY in My Commission Exp. March 2, 1990 On this in from Cover Brot ers eve o m Company- to - - the Olivenhain Municipal Water District, a pa lain corporation and /or governmental agency, Is thereby accepW by the undersigned officer or agent -on b,hi ff of ttx Boxd of Directors pursuant to authority Conferred by Re�Nufimt of the Olivenhain Municipal Water District adoptedcn April 6, 1961, and the grantee's consent to recordaUori thereof by its d��uiyy authorized officer... Dated 21 NovembetrXN 6 By — - 3ecrtdarl' ersonally known to me roved to me on the basis of satisfactory evidence the person(s) wh •m cuted the within instrument as oron behalf of the corporation therein de !d. and acknowle c, me tbariffrZorooralion executed it. ,I i; i ii On this in from Cover Brot ers eve o m Company- to - - the Olivenhain Municipal Water District, a pa lain corporation and /or governmental agency, Is thereby accepW by the undersigned officer or agent -on b,hi ff of ttx Boxd of Directors pursuant to authority Conferred by Re�Nufimt of the Olivenhain Municipal Water District adoptedcn April 6, 1961, and the grantee's consent to recordaUori thereof by its d��uiyy authorized officer... Dated 21 NovembetrXN 6 By — - 3ecrtdarl' ersonally known to me roved to me on the basis of satisfactory evidence the person(s) wh •m cuted the within instrument as oron behalf of the corporation therein de !d. and acknowle c, me tbariffrZorooralion executed it. 11l ) STATE OF CALIFORNIA iss, COU, 5OF v�� )/- E On - �?%%i.�/✓y" `7'�f 4bfore me, the $ersigned, a Notary Public in and for o � /tin/ t m said State, personally appeared t1(Z r�� -1w C- ` t 1. U E { m personally known tome (or proved tome on the basis of satis- ;4 ii factory evidence) a the person that executed the within ja L instrument as p dner(s), I `m 1 on alf of -i rghip SEAL a therein named and acknowledged to me that the partnership AAL ORP11A executed )DUNryMAY m ITNESS my hand nd official seal. 1, 1989 - co S(gnal 61 V (This area for official notarial seal) t PARTNERSHIP ACKNOWLEDGMENT State ofGt County of 'l �1 i r i i i OFFICIAL SEAL i PEGGIE A KAY j NOTARY PUBLIC - CALIFORNIA SAN DIEGO coUNTy i My comm. expires MAY, 1, 1989 7130122 On this the -Z:LMay of , /_ /G!� GL�/J "7 ✓_ �if� 19- f- 4efore me, SS. the undersigned Notary Public, personally appeared personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the rtne ip, and acknowledged to me that the partnership executed it. WITNESS y hand and official seal. s Notary's Sign ur . ramp VA1111M Rh • PO. Rn[ AS29 . N0, 203 ,a 3 �e Q f .a d 2015 co�oNr MAC° .. 1 v/ T ® WATER EASEMENT PROJECT: EXTENSION NO. 135 REFERENCES PLAT ACCT. NO_ SO- 001-- ¢05 -01 VALVE MAP O -7 OF EASEMENTS REQUIRED BY THE R/W NO, 6004245 I.D. NO. % OLIVENHAIN MUNICIPAL WATER DISTRICT TAX PAR. 259 "22 1-68 gkXA%-- ccwy:y BASE MAP SCALE' 1 A mv. DATE SEPT. /!, 1986 consulttnq englnverf ! arcnl[YCts f .