Grant of Easement Water and/or Sewer Pipelines & Appurtenances 2001-0045074 QUESTED BY:
CITY OF POWAY
MAIL TO:
CITY CLERK
o CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
' transfer tax due
2001-0045074
Jan 26, 2001 fl:00 RM
document affects APN: 317-122-8
GRANT OF EASEMENT
WATER AND / OR SEWER PIPELINES AND APPURTENANCES
DOCUMENTARY TRAN, SFER T~T~ "~
P, JCK E. FULTON AND SUSAN M. AND'
3RANTOR") hereby grants to CITY OF POWAY (h 3RANTEE") ' or
assigns, the following described ' hr-of-way 30 feet in width, in, upon, over, under, and
across the lands described below, to erect, construct, replace, rep ' and use a pipeline
or pipelines for any and all purposes, together with such fixtures and ap[ at such I ~
elevations, upon, along, over and under the right-of-way described below at C or hereafter
· ,' d' aout any additional therefor, together with the right of
ingress and egress from th by a practical upon, ne land described
below, th ~ ~ ~ f GRANTEE's righ i in
ac~iacent lands, without any add ~ensation therefor.
The land encon~passing tN
described as follows, to wit:
t in the County of San Diego, State of California. and is more
THAT PORTION OF TH1E NORTHEAST QUARTER OF TIIE NORTHEAST QUARTER OF SECTION
;13, TOWNSHIP 14 SOUTH, IL~NGE 2 WEST AND THAT PORTION OF LOT 1 (NORTHWEST
,QUARTER OF THE NORTHWEST QUARTER) OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE !
, WEST. SAN BEKNARDINO MERIDIAN, ALL BEING 1N THE COUNTY OF SAN DFEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
S 11, 1879.
Said
right-of-way in the aforesaid lands is particularly described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE,
ALONG T1 RLY LINE THEREOF NO AST, 17; THENCE, SOUTH
AST, 995.15 FEET TO A POINT IN THE CENTER LiNE OF THAT CERTAIN 60.00 FOOT
STPdP OF LAND SHOWN ON RECORD OF SURVEY MAP NO. 3485, AS "EASEMENTS RESERVED
FOR ROAD;" THENCE, ALONG SAD CENTER LINE SOUTH 01°08'30" WEST, 80.00 FEET; TO THE
POINT OF ENDING.
1200
GRANTOR, its heirs, :1 assigns shall permit to be erected or
constructed any building, : plant any plant any otb
flora within said aout tln of the City ':tenced by the
?the Director of Engineering S )proved plan. GRANTOR, its heirs,
assigns shall not dig or drill any hole or wells on any portion oftl~
GRANTEE may use all gates and fences which, now or later, cross any portion oftl: GRANTEE
shall also be entitled to trim, cut, / trees, brush, or other vegetation or flora from
time to time as GRANTEE d d ~out any additional compensation.
GRANTOR agrees that no otl~
without obtaining the I: '
~all be granted on, under, or over this easement
GRANTEE.
GRAI' ?th change the location of pipelines, or other
: fin the boundaries of tl: ' ;bt-of-way, or modify the size of existing I: ~er
imp d d time without paying any additional
comp GRANTOR or GRANTOR's heirs, or assigns, provided GRANTEE does not
expand its use oftl~ beyond tl: boundaries described above.
;lerstood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, or
assigns, shall decrease or permit to be increased or decreased th ~
the above described .rich exists at the time this d ~ without obtaining the prior
~ the GRANTEE.
In the event of any dis[ g this Agreement, whether or not litig ], or if any
arbitration proceeding, ad ' ' proceeding or litigation in law or in equity, including an action for
declaratory relief, is brought to enf xet the 1: ' ' 1: ?th~ the
prevailing party shall be entitled t of all attorney's fees and the costs of the proceeding, which shall
be determined by tlq ae presiding officer having authority to make this d
GRANTOR exl:
accordance with its terms.
represents that GRANTOR has
1N WITNESS WHEREOF, the GRANTOR has executed this Easement this 2-~5~e~' day of
RICK E. FULTON
SUSAN M. ARNOLD
(S'
attached)
be notarized. Notary form
1201
L~
· -" 1202
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ County of ~ } ss.
On
Date /
personally appeared
before me, C~u ~-~,, x%.
~ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
the same in authorized
capacity(les), and that by
signature(s) , ,, or
the entity upon behalf of which the person(s)
acted,
w IT N E_N.N.N.N.N.N.N.N.~E ,~
OPTIONAL
'Rtle or
Signer(s) Other
Capacity(ies)
[] Individual
[] 'Rtle(s):
[] Partner-- [] Limited [] General
[]
[] Trustee
[]
[] Other:
Prod. NO. 5907
1203
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the
deed or grant dated:
November 28, 1998 from Rick E. Fulton and Susan M to
the City of Poway, a political corporation and/or §
agency is hereby accepted by the undersigned officer or agent on
behalf of the City Council pursuant to authority conferred by
Resolution No. 34 adopted on January 20, 1981 and the grantee
cer.
consents to recordation thereof by its duly authorized.,o~.~.~..
Dated: January 25, 2001 B~ ' 0 ~,'~
L~ri Anne Peoples, City C~erk