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
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