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1984-323883i G RECORDING REQUESTED BY: - [MNSAI alCA VrLE WSURMGg Co. AND WHEN RECORDED MAIL TO: NAME OLIVENHAIN MUNICIPAL WATER DISTRICT STREET ADDRESS 1966 Olivenhain Rd. CITY Encinitas STATE California ZIP 92024 334 84 =32aS pFF CIA R RECORDgg Of SAN DIED COUNRY, CA, 1984AUG2 4 MOM LVERA L. LYLE COUNU RECORDER This space for Recorder's use NQ FEE Title Order No. 66540 NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 259- 222 -09 GRANT OF EASEMENT - SPENCER A. SMITH, JR., an unmarried man - ---------------------------------------------------------------------------------------------------------------------=----- (hereinafter "GRANTOR ") hereby grants to ---- OL I VENHA I N MUN I C I PAL WATER DISTRICT ------------------------------------ --- -- ---- ---- ---- --- -- -- ---- - -- (hereinafter "GRANTEE ") , its successors, or assigns, the following described easement for a right of way --- 10.. (IQ -------- 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, XtXi�ioi�X3fX1%) i�ifX >iXcY�(�%IX�Xfo)iij(�r�YaXpY}( XMCXXIXOOAM)OXX3(MX) 6x0' XXB( DidG' D4YADII )kX4IIdW(Dim)0X5M(X)iMXX, 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. Qu M 9 X WQ am QX XXX XAU mix MX� M xixXI X6&WVxxxxxxxxxxxxxxxX, M uw-mxx X IPA WX Said easement of right of way is particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4 335 EXHIBIT "All A11 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 Westerly 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 of said Easterly five acres of said Block 92, distant thereon South 72 °52148" East 160.00 feet from the Southwest corner of said Northerly 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 No. 74- 202250 of Official Records; thence along the Easterly line of said land, South 15018'16', 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 032109" West from the Southerly terminus of the above described line. off i :r-"Em I'M 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. in M111r55 ?Mjrreof, the GRANTOR has executed this Easement this-- -- ---- - - - - -- -day of ------------------- Executed in the Presence of. ...................... ............................... Witness. .................... I......................... Witness. R/W No. 66840 DRAWN BY _ CHECKED BY ACCT. NO. _SD -001- 378 -01 DATE June 26, 1984/mb k�_OeN-- *__ .................. BEC(C) —R/ W (so) ...................................... ............................... k r s ' ;t# 337 �-- STATE OF............, as ,,,,,,,,,,,, PARTNERSHIP FORM County of............ On this ...............day of................ A. D., 19 ....... b�e�„„,,f,o��[e^me,..............,. ................. ........,,.......,............. ' a Notary Public in and for the said County and residingptlr6 in, duly commissioned and sworn, personally appeared...... ........... . ........ ..... ............. I ...... I.......... �� known to me to be one of the partners of the partnership that executed the within instrument, and acknowledgdt6` -me that suc artnership executed the same, j At Llitllr55 3Ilrrrof, I have hereunto ,pet' my hand and affixed my of cral seal the day and year in this certificate first above written. ............. .............................:. ...................... Notary Public in and for said County an tate. GENERAL FORM California STATE OF... .... .................. County of..... ..... Diego:: ss On this..., r ?.t .......... day of. ..AviguS.k ..............A.D., 19..:34, before me,....Karen. M..P.t nuiTnaji ........................ a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared...... ,,,Spencer personally known to me to be the person...... whose name..,.. ..ls .................subscribed to the within Instrument, and duly acknowledged to me that .......... he, . ........ executed the same. in Witne55 Myreof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OFFICIAL SEAL �` KAREN M PENNIMAN m NOTARY PUBLIC - CALIFORNIA v SAN DIEGO COUNiY Notary Public in and for said County and State. My comm. expires DEC 9, 1986 CORPORATION FORM STATEOF .......... ............................... 1 ss County ,_ ......... .......................... I ,�,; On this ....................day of... �.............A.D., 19......, beforg,me ............,............................................. a Notary Public in and for the said County and te,,fesiding the .......................... ............................... Thls is to ccrti+y that ttre interest in realprrAt� st 1984 coriviiyed by the dead orgrartd,ted ` and . ............................... ... ............ ............................y.. from...Spenrnr $. Smith, an IM- of the ............................................................... ........ IO3rr12C1 1CIcZn.-- -- --- -- -' the Corporation that executed the within Instrument, known to in to M-) "Nivor.haln Municiwai Water District, a political, „ behalf of the Corporation therein named, and acknowledged to me fof;nirat on and /or governmental agency, is hereby accepw by Ina undersigned officer or agent on behalf of ttld 3oa[ii / Xn V)1tnr55 V)Jjerrof, I have hereunto set my hand and affix of Directors pursuant to authority confe:tad by Resolution, above written. of the Diivenlrain Municipal Mater District adoptedon April 6, 1961, and the grantee's consent to recordaft thereof by 1� duty athorze d 10 � e Dated Au st 5 SeaeGry VI MAP sTRFFT f4c A;r 41a 141 N, (RA,9) INDICATES WATER EASEMENT PROJECT: OLIVENHAIN BLUFFS REFERENCES; VALVE MAP: 0-6 P L AT ACCT NO. SD-001-378-01 1. D. NO. OF EASEMENTS REQUIRED BY THE R/W NO. 660" OLIVENHAIN MUNICIPAL WATER DISTRICT TAX PAR. 259-922-09 SOLOLF ErX*lC'L--rk-1Q C0rrJ0f0tA0n BASE MAP 2 SCALE: / "--/Oo' fAiPJ consultinQ anQinvers 1 arcriltects DATE ALINE Z6, /9 -% ,IN h.