1988-630378a
RECORDING REQUESTED BY:
rn
AND WHEN RECORDED MAIL TO:
NAME OLIVENHAIN MUNICIPAL WATER
STREET DISTRICT
ADDRESS 1966 Olivenhain Road
Encinitas
CITY California 92024
STATE
ZIP
1 0710
88- 6303'78
ECORpED' lIV�
OF SAN D,EGO COU yJY #CA
1988 DEC S AM&.0
VERA G LAS ►i,
Coumy R -WQ R "'
NO FEE
This space for Recorder's use
Title Order No, 6006076 NO DOCUMENTARY TRANSFER TAX
Tax Parcel No.
264 - 030 -35 NO FEE
GRANT OF EASEMENT
ROY K. OKITA and JUNKO OKITA, husband and wife, and KATSUHIRO MIYAMOTO and
MICHIKO MIYAMOTO, husband and wife
(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 :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, 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 Jands, without any additional compensation therefor.
The land encompassing this easement is situated in the County of San DiegU_____ State of California, and is more
particularly described as follows, to wit:
The Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 4,
Township 13 South, Range 3 West, San Bernardino Meridian, in the City of Encinitas,
County of San Diego, State of California, according to the United States Government
Survey.
f, 0,T1 1
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, ut not limited to, an agency supplying water or sewer services or facilities to the public
g, Y g Y P
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
w 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.
Ai Mtnrss lJhrl'rof, the GRANTOR has executed this Easement this ---- : ------------ day Of-
-----------
Executed in the Presence of.
...................................... ...............................
Witness.
.................................... ...............................
Witness.
R/W No. 6006076
DRAWN BY
CHECKED BY
ACCT. N0.SD- 001- 281 -09 /tb
DATE September 11, 1987
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CAT. NO. NNO0627
TO 1944 CA (9 -84)
(Individual) TICOR TITLE INSURANCE
STATE OF CALIFORNIA 1
COUNTY OF Orange } SS.
On November 5,1987 1
said State, personall a before me, the undersigned, a Nota Public in and for
y ppeared * * * * * * * Junko Okita* * ** * **
>t * * * * * * 9e * * A• * 4e �4 �t• �Y *9e je �F * * iF * * * * * * * * Vii'
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_ whos is
within instru t and acknowledged thabscI.Ieto t}4e
cuted t g exe-
ame,
WIT SS m and and offic' se 1. ERIKA G. L. '
°tea Notary Publlc =,a tprr.,q
( ORANGE COUNTY
Signa rc� "�C ��mm• E.P. Aug. S. t9ee r
(This area for official notarial seal)
CAT. NO. NNO0627
TO 1944 CA (9 -84)
(Individual)
J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Orange SS
On November 5,1987
said State, P Y ersonall appeared before me, the undersigned, a Notary Public in and for
* * * * * * * * * * * * * * * * * * * *
** * * * * personally known to me or
proved to me on the basis of satisfactory evidence e
the person_„ who�name is subs to tt
within inst a er11'nt an acknowledged tha e e e-
cuted a sam ! OFFICIAL SEAL
�r :,• ;., ERIKA C. L4SCiOc
WIT and and official �l. NOtery Public-Cal
r`� ORANGE COUNTY �{
L
! MY Comm Ezp. Aug. A9, 19ee '+
Signat _
(This arcs for official notarial seal)
( 0713
CAT. NO. NNO0627 / /y
TO 1944 CA (9 -84) j TICOR TITLE INSURANCE
(Individual)
r STATE OF CALIFORNIA
COUNTY OF 0 &/4 IG'r- SS.
On /l%r71/ % /. / 91'7 before me, the undersigned, a Notary Public in and for
W said State, personally appeared
W AE /C N/ A4 ld M,,` V/91110 7-0
W-� personally known to me or
IL proved to me on the basis of satisfactory evidence to be
the person'= whose name /.S subscribed to the
within instrument and acknowledged that CAW exe- OFFICIAL SEAL
cured the same. 1•t' ••; VICTOR M. CONTRERAS
WITNESS my hand and official seat. Notary Public- California
ORANGE COUNTY
My Comm. Exp, Mar. 8, 1991
Signature /
(This area for official notarial seal)
GENERAL ACKNOWLEDGMENT
State of ll A� /`e i& ) A On this the IL day of a % 111 d t/ 15N ,(3 � Je 1g� before me,
County of ��A1J � SS. /� p/1[1f /V en S�71L)
J the undersigned Notary Public, personally appeared
0ir `
❑ personally known tome
`proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i subscribed to the
within instrum� and acknowledged that N executed it.
WITNESS ms/h9"nd and official ud.
Notary's Signature
7110122 This is to certify that the interest in real property
conveyed by the deed or grant dated November 5, 1987
from Roy K. Okita and Junko Okita, husband and wife, and
K tsuhiro Mi amoto and Michiko Mi amoto husban and wife
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 coriL-erred by Resolution
of the Olivenhain Municipal Water District "adopted on
April 6, 1951, and the grantee's consent to recordation
thereof by its duly authorized officer.
Dated November 28 1988 r, A `jy
By `' G
cretary
l�
NO. 201
Is, CA 91364
•
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0714
EXHIBIT "A"
All that portion of the Southerly 30.00 feet of said Southeast Quarter of
the Southwest Quarter of the Southwest Quarter of Section 4 lying Easterly
of the Southeasterly line of that certain 20.00 foot wide strip of land
described in Parcel 1 in Deed to the Olivenhain Municipal Water District,
filed in the Office of the County Recorder of said San Diego County May 3,
1961, as File /Page No. 76608 of Official Records.
EXCEPTING from the above 30.00 foot wide strip of land, that portion thereof
included within that certain 20.00 foot wide strip of land described in
Deed to the Olivenhain Municipal Water District, filed in the Office of
the County Recorder of said San Diego County January 31, 1962 as File /Page
No. 18555 of Official Records.
EX /ST. ZO'PVT.
ROAD ESMT.
SE%ff OF.SW %4 OFSW %¢
SECT /ON 4 T.135,93W.
WATER
EASEMENT
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EX 157 ZO'O. M. W. D. ESMT.
/ ZO'O.M.W.O.ESMT. 1�31/62,r/85370R.
SEC 4
SEC. 9
'SD-6-06 ESMT.
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PROJECT: EXTENSION NO. 145
REFERENCES
VALVE MAP F 4
I.D. NO_
PLAT
OF EASEMENTS REQUIRED BY THE
OLIVENHAIN MUNICIPAL WATER DISTRICT
ACCT. NO. SD- OOi- 28/ -09
R/W NO.. 6006076
TAX PAR. 264-030 -35
BASE MAP 3
DATE SEPT. I1, X987
/i /,onsuit srs sr
SCALE �= �00
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