Loading...
2001-55833A RECORDING REQUESTED BY: OLIVENHAIN MUNICIPAL WATER DISTRICT AND WHEN RECORDED MAIL TO: NAME OLIVENHAIN MUNICIPAL WATER DISTRICT �iSTREET ADDRESS 1966 OLIVENHAIN ROAD lJ� CITY ENCINITAS t STATE CALIFORNIA ZIP 92024 -9761 Tax Parcel No. 264 -091 -59 (068 DCC # 2001 - 0055833 Jan 31� 2001 11 =15 AM OFFICIAL RECORDS SO DIEGO CALM RECORDER'S OFFICE GREGORY J. SMITH CUTY RECORDER FEES: 0.00 OC: NA NO DOCUMENTARY TRANSFER TAX NO FEE GRANT OF EASEMENT OF THE MAYO F, (hereinafter "GRANTOR") hereby grants to OLIVENHAIN MUNICIPAL WATER DISTRICT, a public agency (hereinafter "GRANTEE"), its successors, or assigns, the following described exclusive easement(s), in gross, for a right -of -way in, upon, over, under and across the lands described below, and to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with any other facilities, 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(s) by a practical route or routes in, upon, over, or across the land described below, together with the right to use said easement(s) for access to GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefor. The land encompassing said easement(s) is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: PARCEL °C" OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 5, 1997 AS DOCUMENT NO. 1997- 0614690 OF OFFICIAL RECORDS, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 9. TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN SAID SAN DIEGO COUNTY, ACCORDING TO THE OFFICIAL PLAT THEREOF. Said easement(s) of right -of -way in the aforesaid lands is particularly described as follows: SEE EXHIBIT "A" AND PLAT ATTACHED HERETO AND MADE A PART HEREOF. H:1O01lomwdwpt346- 08lGrant of Easement.doc 7069 GRANTOR, its heirs, successors, or assigns, shall not erect or construct or permit to be erected or constructed, any building, structure or improvement of any kind on, over or under any portion of the easement(s), 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(s). In the event GRANTOR or its heirs, successors, and assigns places, or permits to be placed, any encroachment on any portion of the easement, GRANTEE shall have the right to remove the encroachment after five (5) days written notice to GRANTOR, and GRANTOR or its heirs, successors, and assigns agrees to pay all fees and costs, including staff and engineering costs and attorney's fees, incurred by GRANTEE in removing the encroachment. All fees and costs incurred by GRANTEE, including staff and engineering costs and attorney's fees, shall earn interest at the rates set by California law for interest on judgments. 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(s). 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 said easement(s) with any other person or entity, including, but not limited to, any person or entity supplying 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, its heirs, successors, or assigns, agrees that no other easement or easements shall be granted on, under, or over said easement(s) without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easement(s), change the location of pipelines or other facilities within the boundaries of the easement(s) right -of -way, or modify the size of existing pipelines or other improvements as it may determine 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(s) beyond the easement(s) boundaries described herein. 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 ground elevations within the above - described easement(s) 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 proceeding, administrative 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 said easement(s), 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 of the presiding officer having authority to make this determination. GRANTOR expressly warrants and represents that GRANTOR has the power to grant said easement(s) in accordance with its terms. GRANTOR has executed said Easement(s) this day of U�iPi , 2001. R/W NO. 7333689 -U50 DRAWN BY SDE INC. CHECKED BY BOYLE ENG. CORP. ACCT.NO. SD -001- 346 -08 DATE JANUARY 2001 H: \001 \omwdwp\346 -08 \Grant of Easement.doc 7070 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California ,,``Q� ''/ County Of yt�Ei,�� I ss. fin before me.,&�4Lg�—A. .rim[ A tai zi& v I_. •ersonally appeared J I11i•6 1y S impersonally known to me ❑ proved to me on the basis of satisfactory evidence NANCY H. WARNER to be the person(s) whose name(s) is /are Commission# 1189307 subscribed to the within instrument and ar Notary Pubric- Californip y acknowledged to me that he/she/they executed OrangeCourtty - the same in his /her /their authorized My Comm. Btptres Jul 6,21301 capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ESS my hand and official seal. Ptace Notary seal Aoove not bra or Notary PubM OPTIONAd Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _- ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑Limited E) General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1:1 Other: Signer Is Representing: 0 1997 National Notary Alsodahon • 9350 Oe Soto Ave., P.O. Box 2102 • ChatawCph. CA 91313.2602 Prop. No. 5907 Reodar. Cad To$Free 1- 000 -87F a 27 7071 SDE 4432 January 24, 2001 FILE: ... 4432surv\ legals \wateresmt.doc LEGAL DESCRIPTION PUBLIC WATER EASEMENT TPM 99 -014 APN 264- 091 -60 THAT PORTION OF PARCEL "C -1" OF CITY OF ENCINITAS CERTIFICATE OF COMPLIANCE AS DESCRIBED IN DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 1997 AS DOC# 1997 - 0614690, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "C -1 "; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 34 058138" EAST, 352.19 FEET; THENCE SOUTH 78 °39'37" EAST, 48.00 FEET TO A POINT ON THE ARC OF A 48.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 78 039'37" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 157.21 FEET THROUGH A CENTRAL ANGLE OF 187 039'01 "1 TO THE BEGINNING OF A20.00 FOOT RADIUS REVERSE CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53 058'05 "; THENCE NORTH 34 058'38" WEST, 304.30 FEET TO A POINT IN THE NORTH LINE OF SAID PARCEL "C-1 "; THENCE ALONG SAID NORTH LINE NORTH 74 032131" EAST, 21.22 FEET TO THE POINT OF BEGINNING. 1 OF 1 7072 N74.32'31 E Poe 21,22' N 0. } 84 5 l FM WATERLINE EASEMENT T%- SUBDMSION BOUNDARY F `O7<0 (0 J�� PARCEL l PARCEL "'C-l" �� O CITY OF ENCINITAS `�O L 7PM 99- -014 CERTICATE OF \� COMPLIANCE DOC# 1997 - 0614690 APN 264 - 091 -59 \��` PROP00 WATER EASEMENT TO OMWD PARCEL 1 999 -014. PER TPM 7PM 99 -1207 D= 53958'05' \ R =20.00' REMAINDER L= 18.84' S7g 39 `3 +s.0o pp PARCEL sr pgopos REMAINDER PARCEL 3 PARCELI PARCEL SCALE 1" = 50• 4 PROJECT WATER MAIN EXT 186B (MAYO) REFSOCE& PLAT ACCT. Afa SD -001- 346 -08 VALVE AUA E -5 N/A E48BWENT R1:QURED BY 7W CLINSIN lY A4/4PWAL WAM? DA4TRUT R/W Na 7333689 -U50 TAX p� 264- 091 -59 BASE A(AP 3 DATE JANUARY, 2001 SAN DIEGUITO ENGINEERING.INC. BCALE 1 • - 50' U:IDATA /SURVEY /4432SURV /DWG /PLATS /WATER -ESMT 11/21/00 SUt 44jZ 7073 This is to certify that the interest in real property conveyed by the Deed or Grant dated ��� f 30 Zb I� From qj F +►1" n iitelIC4 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, 1961, and the grantee's consent to Recordation thereof by its duly authorized officer. Dated: i U \ _ � r By,/ y_ David C. McCotlom, General Manager % %; J