Loading...
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