Grant of Easement Sewer Lines & Appurtenances 2000-0246373RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
No transfer tax due
321-220-11 321-031-14
2000-0'246373
May
NO DOCUMENT TRANSFER TAX
NO FEE
321-210-61 321-210-60
321-210-55 321-210-59
GRANT OF EASEMENT
SE 801-02-221
~(1) AEsUGcEoNMEMCu. NCl LITyNpGRMoApNEARN. i~,D FRANCES J. CLINGMAN, HUSBAND AND WIFE
(2) RICHARD M. ASHBY AND KIMBERLY A. ASHBY, HUSBAND AND WIFE AS
JOINT TENANTS
(3) PHYLLIS ANN WEBB
(4) JACK A. ALEXANDER, TRUSTEE; JACK A. ALEXANDER LIVING TRUST UNDER
DECLARATION OF TRUST DATED NOVEMBER 15, 1999
(5) JOHN LEE MclVER AND JEANNE-I-FE MARIE MclVER, GO-TRUSTEES UNDER
MclVER FAMILY TRUST DATED APRIL 14, 1980
(6) MICHAEL K. THOMSON AND ALETHA G. THOMSON, HUSBAND AND WIFE AS
COMMUNITY PROPERTY
AM
The preceding parties (hereinafter "GRANTORS") hereby grant to CITY OF POWAY
(hereinafter "GRANTEE") or assigns, the following described easement for
a right-of-way 20 feet in width, in, upon, over, under and across the lands described in
Exhibit "A," and as depicted in Exhibit "B," 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 1
and Iion purposes, at such locations and elevations, upon, along, over and
under the right-of-way described in Exhibit "A" as GRANTEE may now or hereafter
d its sole d' :hout any additional compensation therefor, together with
the right of ingress and egress from th I by a practical in, upon,
over, or across the land described below, together with the right to use th' l for
access to GRANTEE's r, ts-of-way situated in adjacent lan, without any additional
(Jompensation therefor. ~ Z~ 0"~
The land encompassing th' l is situated in the County of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
All that portion of the Northwest Quarter and the Northeast Quarter of the
Southeast Quarter of Section 6, Township 14 South, Range 1 West, in the
City of Poway, in the County of San Diego, State of California, according to
the Official Records.
GRANTORS, their heirs, :1 assigns shall not erect or construct or permit to
be erected :1 any building, 3revement or plant any 1
or plant any other vegetation or flora within said easement without the express written
approval of the City of Poway as evidenced by the signature of the City Engineer on an
approved plan. GRANTORS, their h ' :t assigns shall not dig or drill any
hole or wells on any portion of th I.
GRANTEE may use all gates and fences which, now or later, cross any portion of the
easement. GRANTEE shall also be entitled to trim, cut, .¢ y trees,
brush, or other vegetation or flora from time to time as GRANTEE d in its sole
d' lhout any additional compensation.
GRANTORS agree that no otb l or
over th' l without obtaining the prior writt
3all be granted on, under, or
l of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pip :her facilities within the boundaries of th : right-of-way, or modify
the size of existing pipelines or other imp as it may determine in its sole
discretion from time to time without paying any additional compensation to GRANTORS
or GRANTORS' heirs, or assigns, provided GRANTEE does not expand its
use of th : beyond th ~ boundaries described above.
It is also understood and agreed by the parties that the GRANTORS and the GRANTORS'
heirs, or assigns, shall not ' d permit to I: :1 or
decreased the existing ground :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
:1, or if any arbitration proceeding, administrative proceeding or litigation in law
or in equity, including an action for declaratory relief, is brought 1 )ret 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 authority to make this determination.
2
,"- - 2408
GRANTORS expressly warrant and represent that GRANTORS have the power to grant
th' l in accordance with its terms.
:1 this Easement this
IN WlTNESS~VHEREOF, the GRANTORS h
dayof -~IL-- 2000.
EUG NE C. CLINGMAN ~ - ~ ~'~ ~"~FRANCES J.~LIN'"GMAN
HUS AND AND WIFE AStCOMMUNITY PROPERTY
(Signatures must be notarized. Notary form attached.)
IN WITNES§ W[:-IE,~EOF, the GRANTORS h
day of ~/~'-~' 2000.
led this Easement this
RICHARD M. ASHBY
HUSBAND AND WIFE A~OINT TENANTS KIMBERLY A. ASHBY
(Signatures must
:1. Notary form attached.)
IN WITN,~SS WHEREOF, the GRANTOR has executed this Easement this
day of /-'/~ 2000.
PHYLI~rS ANN WEBB
(Signature must b
Notary form attached.)
3
ALIFORNIA
A LL-PU R P,~..~ACK" OW LE DG M E "T
State of '~
County of ,~/'~ ~)[ ~ 0
person(s),
acted,
al seal. ,,
{t
Description of Attached Document
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
[] Individual [] IndNidua}
[] []
Title(s): Title(s):
[] Partner -- [] Limited [] General E~ Partner -- E3 Limited [3 General
[] Trustee [] Trustee
[] Other: [] Other:
_ ALIFORNIA ALL-PURP~--E ACKNOWLEDGMENT
State of C J
County of ~
On r/~'/_ ~-~
personally appeared
beforeme ~(~ /~
and that by h~,
person(s)
acted,
h~J~t~/t hey
¥(ies),
Description of Attached Document
'Rtle or'
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
~j~ndividual
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
[] Other:
CALIFORNIA ALL-PURP~-E ACKNOWLEDGMENT
State of ~O'¢-- ( ~1~...
County of ~'jc~d
On ~ &, ~ ~ beforeme
personally appeared
M,~iY
· ~/h e r/¢,~
and that by~her/~ '
person~l¢
acted,
Description of Attached Document
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[]
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[]
[] Trustee
[] Other:
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
day of ~ ~O/~. i L. .2000.
JACK A. ALEXANDER, TRUSTEE
JACK A. ALEXANDER LIVING TRUST UNDER DECLARATION OF TRUST DATED
NOVEMBER 15, 1999
(Signature must
-1. Notary form attached.)
IN WITNESS WHEREOF, the GRANTORS h
day of ~ ~' 2000.
/
Ied this Easement this
~qHN LEE MclVER ~,J;>J'EANNETTE MARIE MclVER
CO-TRUSTEES UNDER MclVER FAMILY TRUST DATED APRIL 14, 1980
IN WITNESS WHEREOF, the GRANTORS h
day of ~-i0t"2._ I L_-- 2000.
led this Easement this
ALETHA G. THOMSON
HUSBAND AND WIFE AS COMMUNITY PROPERTY
(Signatures must be notarized. Notary form attached.)
4
CALIFORNIA ALL-PUR_~ ACKNOWLEDGMENT
and that by h~_~l.~ sign~tur~ ,
ty
Description of Attached
Signer(s) Other TI
Gapeclty(ie6) Claimed by Signer(s)
Si Si
~ Individual
[] corporate officer
T~e(s):
Partner -- [] limited [] General
Trustee
Guardian or conservator
other:.
[] Individual
[] Coq~rate Officer
~tle(s):
E3 Partner -- E~ Limited [] General
[]
ID Trustee
[3 Guardian or Consewator ~
[] Other:.
si;
S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of ~-~ ~/~ ,~'~'~ }ss,
· . ~N~ .....d Title~?f~[ce,~ ~anl ~
personally appeared -~('~}q,~ ~' ~/~2~ [ [,J~ [ ~1,~ ~ ~
~oved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
N TYLER
the same in authorized
, ~ and that by
signature(s) , i, or
the entity upon behalf of which the person(s)
acted, ' ,~-~
WITI~E$ ~,ffi, :
Signature ~N.ta~
OPTIONAL
Title or
Signer(s) Other
[] Individual
[] Title(s):
[J Par[her-- [J Limited ~ General
[] Trustee
LJ
[] Other:
Prod. No5907
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
2415
County of ~'~ I('~
On ~L/'~-~DF; ,~-~E)~) before me
personally appeared ~
SS.
evidence
to me on the basis of satisfactory
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
the same in authorized
capacity(ies), and that by
signature(s) , ,, or
behalf of which the person(s)
acted,
WITI~E,'~S my.h, .... f-"~ ' ·
OPTIONAL
Title or
Signer(s) Other
[]' Individual
[] Title(s):
[] Partner--[] Limited [] General
L~ Trustee
[]
[] Other:
CALIFORNIA ALL-PU RPO~-~CKNOWLEDG MENT
State of
2416
~Y
person(s)
acted,
¥(ies),
Description of Attached Document
Title or ' ('~",t'¢2~.~ ~)/~-
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual [] Individual
[] []
'Rtle(s): ~tle(s):
[] Partner -- [] Limited [] General [] Partner -- [] Limited [] General
[] Trustee [] Trustee
[] Other: [] Other:
2417
EXHIBIT "A"
SEWER EASEMENT
S E 801-02-221
LEGAL DESCRIPTION
An t fight of way for sewer pu under and ~ of land
20.00 feet in width, lying within the Northwest Quarter and the Northeast Quarter of the
Southeast Quarter of Section 6, Towmhip 14 South, Range 1 West, in the City of
Poway, in the County of San Diego, State of California, ~e Official Plats
thereof, the centerline of said strip being described as follows:
Commencing at the Northeasterly comer of Parcel 1 of Parcel Map 10072; thence South
88° 57' 04" East 25.00 feet to the Point of Beginning; thence North 88° 57' 04" West
25.00 feet; th 3 the northerly line of Parcel 1 of Parcel Map 10072
Noah 88° 57' 04" West 254.3 feet; thence Noah 85° 00' 48" West 170.49 feet to a point
foot radius curve, a radial line bears North 7° 16' 11" East and the end of the
centerline.
Mike R. Slate~r, P.L.S. 6706
Expiration 6-30-2000
Date: February 5, 2000.
CERTIFICATE OF ACCEPTANCE
2419
This is to certify that the interest in real property conveyed by the deed or grant dated
. d D from the parties listed below to the City of
Poway, a political corporation and/or g Iai 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
consents to recordation thereof by its duly authorized officer.
Dated: o~ By:
Lori Anne Peoples, City Clerk
(1)
(2)
(3)
(4)
(5)
(6)
Eugene C. Clingman and Frances J. Clingman, Husband and Wife as
Community Property
Richard M. Ashby and Kimbedy A. Ashby, Husband and Wife as Joint Tenants
Phyllis Ann Webb
Jack A. Alexander, Trustee; Jack A. Alexander Living Trust under D
of Trust dated November 15, 1999
John Lee Mclver and Jeannette Marie Mclver, Co-Trustees under Mclver
Family Trust dated April 14, 1980
Michael K. Thomson and Aletha G. Thomson, Husband and Wife as
Community Property