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