1988-136592�• 1143
86 !36592
i9 Q RAR 25 AM 9.58
L Lo1jb i ?Y i LCOt Jiii
This space for Recorder's use
90 FEE
NO DOCUMENTARY TRANSFER TAX NO FEE
GRANT OF EASEMENT
GEORGE T: BUMANN and ROSEMARY BUMANN, husband and wife asJoint- tenants - - - --
(hereinafter "GRANTOR ") hereby grants to oiv @t�la3in_ Muni g� pal_ Wate_Distric,__�__p_yb�,} c_�ggy___�
--------------------------------------------------------------------------------------------- -- --- ------ ------ --- --- -- - -- --•
(hereinafter "GRANTEE ") , its successors, or assigns, the following described easement for a right of wayUK)S ?SXXX?CXXXX
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, y{ s�]{¢ It lfg{ pqy¢(} F¢{ Q¢ Xt}} H{}{ glXv}{{ 1}{ g�{ q}{r]{}gQXgp��jyt}O}p}gptgl}p}f
X} 4X}{ Y44{ QD? 70G@ XHXNAri4X74X4tSC34PC H41HI} iXh�l {dCidAf7211dC�44C1I�S4Xtogether with the right to use this easement for access to
GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefor.
RIXdtM�} 1X} Llidt�`b➢6xb'adxitCldat3CX�74�X Lei% X�C4NSGL} Ch1pC XIXrX��( �] f> X4{ 3iKX�GXXXX�C XXXXICXXX�tittKX�C X�6 7�Pc#i�t73Xtid1�C�7ii}3�'cifX
-•� XMiCGCHI!{ �343iXU�K� }W�LtI�bKXdOJr7i�}F{YRdCSfrliX
Said easement of right of way is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
1
RECORDING REQUESTED BY:
RECORDING REQUESTED BY CONTINENTAL LAND TITLE
AND WHEN RECORDED MAIL TO:
NAME OLIVENHAIN MUNICIPAL WATER
DISTRICT
S.,
STREET 1966 Olivenhain Road
ADDRESS
Encinitas
CITY California
STATE 92024
ZIP
t !
Title Order No. 119501 -05'
Tax Parcel No. 265- 026 -01
�• 1143
86 !36592
i9 Q RAR 25 AM 9.58
L Lo1jb i ?Y i LCOt Jiii
This space for Recorder's use
90 FEE
NO DOCUMENTARY TRANSFER TAX NO FEE
GRANT OF EASEMENT
GEORGE T: BUMANN and ROSEMARY BUMANN, husband and wife asJoint- tenants - - - --
(hereinafter "GRANTOR ") hereby grants to oiv @t�la3in_ Muni g� pal_ Wate_Distric,__�__p_yb�,} c_�ggy___�
--------------------------------------------------------------------------------------------- -- --- ------ ------ --- --- -- - -- --•
(hereinafter "GRANTEE ") , its successors, or assigns, the following described easement for a right of wayUK)S ?SXXX?CXXXX
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, y{ s�]{¢ It lfg{ pqy¢(} F¢{ Q¢ Xt}} H{}{ glXv}{{ 1}{ g�{ q}{r]{}gQXgp��jyt}O}p}gptgl}p}f
X} 4X}{ Y44{ QD? 70G@ XHXNAri4X74X4tSC34PC H41HI} iXh�l {dCidAf7211dC�44C1I�S4Xtogether with the right to use this easement for access to
GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefor.
RIXdtM�} 1X} Llidt�`b➢6xb'adxitCldat3CX�74�X Lei% X�C4NSGL} Ch1pC XIXrX��( �] f> X4{ 3iKX�GXXXX�C XXXXICXXX�tittKX�C X�6 7�Pc#i�t73Xtid1�C�7ii}3�'cifX
-•� XMiCGCHI!{ �343iXU�K� }W�LtI�bKXdOJr7i�}F{YRdCSfrliX
Said easement of right of way is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
1
v ,
r
1144
a
EXHIBIT "A"
�i
Parcel 1
1
ag ,
t All those portions of Block 32 of Colony of Olivenhain, in the City of
Encinitas, County of San Diego, State of California, according to the Map
thereof No. 326, filed in the Office of the County Recorder of said San
Diego County July 8, 1885, and of 7th Street, "E" Street, and "F" Street,
as vacated and closed to public use, included within a strip of land 15.00
feet of even width, the Northerly line of said 15.00 foot wide strip of
land being described as follows:
Beginning at the intersection of the Westerly line of the Easterly 12.00
feet of said "E" Street, and the Northerly line of the Southerly 5.00 feet`
of said 7th Street; thence along said Northerly line, South 73 °21117" East
to the Easterly line of the Westerly 10.00 feet of said "F" Street.
i
Parcel 2:
All those portions of said 7th Street and "F" Street described as follows:
Beginning at the intersection of the Northerly line of the Southerly 5.00
feet of said 7th Street, and the Westerly line of the Easterly 30.00 feet
of said "F" Street; thence along said Westerly line, South 15 °07121" West
to an intersection with a line drawn parallel with, and distant 155.05 feet
Southerly, measured at right angles, from the center line of said 7th Street;
thence continuing along said Westerly line, South 15 °07121" West 176.21
feet to the beginning of a tangent 20.00 foot radius curve, concave North-
easterly; thence Southeasterly along the arc of said curve, through a central
angle of 61 012138" a distance of 21.37 feet to the beginning of a reverse
curve, concave Northwesterly, having a radius of 34.00 feet; thence Southerly,
Westerly, and Northerly along the arc of said curve, through a central angle
of 241 °12138" a distance of 143.14 feet to its point of tangency with the
Easterly line of the Westerly 10.00 feet of said "F" Street; thence along
said Easterly line, North 15 °07121" East to said Northerly line of the
Southerly 5.00 feet of 7th Street; thence along said Northerly line, South
73 021117" East 40.01 feet to the POINT OF BEGINNING.
■
• 1145
�A�t�F. t�1c�ah�a�f�xu�x�hexaixadlixm�dxx�la3��x�xa��ar�c
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.
At Witne55 VI)creof, the GRANTOR has executed this Easement this------ - - -- -- ---day of ------------------ , 19 --------
Executed in the Presence of-
............................ I...... ...............................
Witness.
........ ........ .........
Witness.
A
R/W No. 119501
DRAWN BY
CHECKED BY _
.... ... .....' '...... �/1%�.�...
1146
I I
STATE OF CALIFORNIA Iss.
COUNTY OF_ SAIJ�1_G- _.CzD_ I
a cr o
E On —. ,before me, the undersigned, a Notary Public in and for
0 �
said State, personally appeared—
Li
persenallyimown-to- me-(or proved to me on the basis of satis-
V factory evidence) tobetheperson(s)whosename(s)ta/aresub-
scribed to the within instrument and acknowledged to me that
hofal /they executed the same.
J
N
WITNESS my hand and official seal.
° Signature
@MYOFFICIAL SEAL
JANICE K. SWENSON
NOTARY PUBLIC- CALIFORNIA
SAN DIEGO COUNTY
Comm Expues March 30, 19Y0
(This area for official notarial seal)
F
10-1
9
r.
1146
I I
STATE OF CALIFORNIA Iss.
COUNTY OF_ SAIJ�1_G- _.CzD_ I
a cr o
E On —. ,before me, the undersigned, a Notary Public in and for
0 �
said State, personally appeared—
Li
persenallyimown-to- me-(or proved to me on the basis of satis-
V factory evidence) tobetheperson(s)whosename(s)ta/aresub-
scribed to the within instrument and acknowledged to me that
hofal /they executed the same.
J
N
WITNESS my hand and official seal.
° Signature
@MYOFFICIAL SEAL
JANICE K. SWENSON
NOTARY PUBLIC- CALIFORNIA
SAN DIEGO COUNTY
Comm Expues March 30, 19Y0
(This area for official notarial seal)
F
10-1
0
1147
20 O M. W. 10. E'sm 7"
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FIR /8505 0. R.
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7.77T.-
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lot s I ol /0,
BLOCK 33
12:7a,
.10 1 30'- 40'
Z.6'
1Z'VA6A7ZD
87-67438Z 0.
BLOCK 32 • 40' _40'
Vj
V
COLONY O1-1V-=NRA1N
MAP 3Z&
PROJECT: EXTENSION NO. 146
REFERENCES PLAT ACCT. NO. S-2-001-418-01
VALVE 'MAP D-46 OF EASEMENTS REOUIRED BY THE R/W NO. 119501
I-D. NO., OLIVENHAIN MUNICIPAL WATER DISTRICT TAX PAR. 265-026-10
Ae
x=zxtx BASE MAP 7
A30L C--x — DATE —Fb-B. 19, 88
SCALE /00, consumno onoommmtra i arcriotacts
FN