1984-2785782396
RECORDING REQUESTED BY:
1 MSM ICA TITLE INSW"Cf, M
AND WHEN RECORDED MAIL TO:
NAME OLIVENHAIN MUNICIPAL WATER
STREET DISTRICT
ADDRESS 1966 Olivenhain Road
CITY Encinitas
STATE California
ZIP 92024
T ORDED IN
OFFICIAL RECORODS
OF SAN DIEGO COUNTY, CA.
i
M4 JUL 2 4 AM 8:00
LVERB L LYLE
1buffix RECORDER
This space for Recorder's use NO PEE
Title Order No. 66839 NO DOCUMENTARY TRANSFER TAX —(/ NO PEE
Tax Parcel No. 259- 222 -08
GRANT OF EASEMENT
WILLIAM GORCHAK and RUTH GORCHAK. husband and wife as community property
- - -- --- --- -- -- - - - -- --- ----- -- - - - - -- - - - - - -- --- ---- ------
(hereinafter "GRANTOR ") hereby grants to___ OL I VENHA I N MUN I C I PAL WATER D I STR I CT
(hereinafter "GRANTEF, ") , its successors, or assigns, the following described easement for a right of way____ 10.00
0 -- --
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, ti6ditlGYw�C14DE9LXlie�( �ifXrkXxic ?Cx�1Y�Xik�t�r�+Xa��irYi�� �iit�(
Xd4XXXJC�d4t '4X�iSXX���(+X1�i��1��Y, together with the right to use this easement for access to
GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefor.
' kl? d(D( d4dC k` d( dhWr `bX�(cKg(NJCsi(�(cKs�X,X�XtXiX XsXtYXtY�XX�; Xdte�( �dir' fiXyYXti( XXXXXXXXXXXXX2U (XSKii(t%�`�:YliPb�vii�i Xri��
�Xd(�D(DG)d�i�3(dE34�dCX,Pf XdGXdt,D��(Xd(��X
Said easement of right of way is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
IM
i
k
2397
xmasXxxarx x,xaoMAarxxXaexxX�x X[awaXAxxacxscl*xx
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 wartants and represents that GRANTOR has the power to grant this easement in accordance with
its terns. Q
in )Mtnr55I1)errof, the GRANTOR has executed this Easement this ----- / _____day of._�ic��_______ , 19 C1
Executed in the Presence of.
..................................... ...............................
Witness.
.............. ............................... ................
Witness.
R/W No. -66839 --
DRAWN BY
CHECKED BY
ACCT.NO. SD- 001 - 378 -01
DATE ,June 26, 1984 /mb
3EC (C) —R/ W (80)
...?w.� .....� ........
... ........................
J
2398
STATE OF
PARTNERSHIP FORM -°
..
County of ss
On this ...............day of. .......................... A.11;.x9 ....... before me, „ ................ ........ ..............I................
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared......
u
••••••.••.•• ......................................... ..........I.........:.......... kn y3'Ap me to be one of the partners of the partnership that
executed the within instrument, and acknowledged to me that such partnership-executed the same.
,JIl Uitrlf55 IVI)rfrof, I have hereunto set my hand" and affixed my official sea) -top day and year in this certificate first
above written. y
...................................... ..............................:
......................... .
Notary Public in and for said County and State.'s,.;'
W.
GENERAL FORM
STATE OF . �..
County of.... ...v3! ss
//l!jj c--T., beforeme,.in
On this.....(..4l.....daY of.... A.D., 19
ac
a Notar Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared......
i �L m......G..oi�.�.H ... D... L ...�a .�.f+�! {................ ............... ...... .......
..................
personally known to me to be the personS ... whose names .......... �F ......subscribed to the within Instrument, and duly
acknowledged to me that .......:ihey ........ executed the same.
Ai Wftnr55 1))1yrrof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
OFFICIAL SEAL na.nd l / MARGARET MARY BALANAY { ' .......... NOTARY PUBLIC - CALIFORNIA Nota Public ir said County and fate.
SAN DIEGO COUNTY
My tromm. ezplres DEC 25, 19&4 i
STATE OF....... ..... ss
Countyof .... .........:4 ..........:.............
On this ....................day of ............... .—.::7
a Notary Public in and for the said County and
and ........................................................
ofthe ....................................................
the Corporation that executed the within Insf
behalf of the Corporation therein named, anti
3h Mhlr55 V)1)rl'rof, I have _heP nto as
above written.
CORPORATION FORM
This is to certify that the interest in re rope
conveyyggdb the docddra,ilcd 8chak
from y�3_ �1JaI11
to the Olivenhain r&unicipal Water District, a political
corporation and /or governmental agency, is hereby ac cepted i
by the undemaned officer or agent on bow of the Board
of Directors pursuant to authority confv.,d by Resolution
of the 064Enhain Municipal Watcr District adopted on
April 6, IOJt, and the grantte"s consent to recordation
thereof by its duly authorized officer.
Date' 18 T it v 1984_ �2;
By Secretary /
i-
1
A
,,,,,U . 2399
4
EXH.IBLT "A"
All that portion of the Easterly five acres of Block 92 of Colony of
Olivenhain in the 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, included within a strip of land
10.00 feet of even width, the Easterly line of said 10.00 foot wide
strip of land being described as follows:
;
Beginning at a point on the Southerly line of the Northerly two acres
m
of said Easterly five acres of said Block 92, distant thereon South
72 °52'48" East 160.00 feet from the Southwest corner of said Northerly
0
two acres of the Easterly five acres, being the most Easterly corner of
land described in Deed to William Gorchak, et ux, filed in the Office
of the County Recorder of said San Diego County July 29, 1974, as File /Page
1
No. 74- 202250 of Official Records; thence along the Easterly line of
said land, South 15 018'16" West 90.00 feet.
The Southerly line of the above described 10.00 foot wide strip of land
shall be formed by the arc of a 48.00 foot radius curve, concave Southerly,
the center of the circle of which said curve is an arc bears South
28 °32109" West from the Southerly terminus of the above described line.
3
j
i-
ti
Q
v
�O
2400
Q
ti
ov
Q
N
e �
1
A j
Z
INDICATES WATER EASEMENT
m
r
PROJECT.
OLNENHAIN BLUFFS
REFERENCES:
VALVE MAP: D-6
PLAT
ACCT. NO.
.SD -tip /- 378 -D/
,f
m
1. D. N0.
OF EA8EMEVTS REQUIRED BY THE
R/W NO.
66939
OLIVENHAIN MUNICIPAL WATER DISTRICT
TAX PAR.
059-9291-08
?ff
�1X7i7G�G�1A714COrf-PeNotton 1
BASE MAP
SCALE:
r."",ulnq wnglneers /architects
DATE
JUNE 26, /984
`
M
�r
r
t
�