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Grant of Easement & Subordination Agreement 1991-0243405RECORD!Nl(- "`IF$TI-r) BY RAALCyt_ _� O AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 SOL ; 19071-00199 25—APR-1991 0-3:509 PN SRN DIEF�G COUNTY R'ECGRDER'S OFFICE �� �/ RNNET?E EllHNS, COUNTY RECORDER f /` FEES: 0.00 f NR `%Vl- ` z_�3 os� (This space for Recorder's Use) APN 321-012-31 NO DOCUMENT TRANSFER TAX NO FEE �^ THIS DOCUMENT IS BEING RE-RECORDED TO ADD ''ACCEPTANCE BY CITY OF POWAY GRANT OF EASENENT SUBORDINATION AGREEMENT SEWER PIPELINES & APPURTENANCES DOCUMENT #91-0189200 - RECORDED G I A ON 4-25-91 JRA, Inc., William and Gail Cochrane, Dickerson and Katherine Wright, (hereinafter "Grantor") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE), its successors, or assigns, the following described easement for a right-of-way 20 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 fix- tures and appurtenances, 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, together with the right of ingress and egress from the easement by a practical route or routes in, upon, over or across the land described below, 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. The land encompassing this easement is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: Parcel 3 of Parcel Map No. 13884 in the City of Poway, County of San Diego, State of California. Said easement of right-of-way in the aforesaid lands is particularly described as follows: See Exhibit "A" attached. GRANTOR, it heirs, successors and assigns shall not erect or construct or permit to be erected or constructed any building, structure or improvement, except the replacement of existing items, on, over, or under any portion of the easement, nor shall GRANTOR, its heirs, successors, or assigns; dig or drill any hole or wells on any portion of the easement. 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, or clear away or remove any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation, upon reasonable notice. 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. This document is being recorded by Orange Coast Title Co. as ann accom- modation only. It has not been ex- --lined as to execution or impact 11 title. J RPORATE ACKNOWLEDGMENT State of California ) SS. County of �! GENERAL ACKNOWLEDGMENT State of California U/hi�L�'T-r 11 , 1 SS. County of am AL SEBRAWNERC. CALIFORNW COUNiys Nov !6. � 9g2 GENERAL ACKNOWLEDGMENT State of Califor is 1 SS. County of J ,+1 0 CAL -24 ............................... .. .......................... On [hid the 7� ay of— 19 g before me, �1 the undersigned Notary Public, personally appeared personally known to me proved to me on the basis of satisfactory evidence to the person(s) who executed—the within instrument as or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. my hand and off(j(///' tal seal. se. Notary's Signature ............................... O=thelz&aly •••• before me,of •L�` ..........19y/.......... the undersigned Notary Public, personally appeared CL2t�r�y �7— L7 od"t� a pct �& personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) L�� subscribed to the within instrument, and acknowledged that tX xecuted it. W NESS my hand and official seal. k i d_�� Notary's Signature the/7//L,/ o undersigned Notary Public personally appeared CAL -29 199 � before me, JX personally known to me „;. oFFICIALSEAL ANIiA M. BRAWNER ❑ proved to me on the basis of satisfactory evidence N07ARY PUBLICCALIFOANq " s SAN DIEGOCOUN7Y MY B � to be the person(s) whose name(s) zl/t- o— ubscribed to Comm. Expires no¢I6. 1991 the within instrument, and acknowledged that g xecuted it. WIT SS�m�y hand and official sal. Notary's Signature GRANTEE may at any time, change the location of pipelines or other facili- ties within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine 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 described 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 per- mit 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 liti- gation is commenced, or if any arbitration proceeding, administrative pro- ceeding 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 attor- ney'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. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this easement this day of 9=0:� , 19ey 9/ In '% is to certify that the interest in real property conveyed by the deed o% grant det — _ti t froml RA,1 nc F Kkt1�.a Wrtt the City w(Iliw.lG.:l Cotkvo.����kGrSe+. nc of Poway, a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on be- half of the City Council pursuant to authority conferred by Resolution. No. 34 adopted on January 20, 1961 and the grantee consents to recordation thereof by its duly authorized officer. "ffiw� ie Dated: 5 ' a l -ti I gy a�4"rs- M� J 9/4-- l/VC 1 1�66- (� Exhibit "A" M - Parcel 1.: The Easterly 20.00 feet, excepting therefrom the Northerly 1.00 foot, of Parcel 3 of Parcel Map No. 13884 in the City of Poway, County of San Diego, State of California. Parcel 2: The Southerly 20.00 feet of the Easterly 80.00 feet of Parcel 3 of Parcel Map No. 13884 in the City of Poway, County of San Diego, State of California. Together with: That portion of said Parcel 3 lying Easterly, Southeasterly, Southerly of a 30.00 foot radius curve concave Northwesterly, tangent to the Westerly edge of the 20.00 foot easement in Parcel 1 above and tangent to the Northerly edge of the 20.00 foot easement in parcel 2 above. Parcel 3: The Southerly 20.00 feet of the Northerly 21.00 feet of Parcel 3 of Parcel Map No. 13884 in the City of Poway, County of San Diego, State of California excepting therefrom any portion of said Southerly 20.00 feet lying outside the roadway easement known as Evergreen Lane which is delineated and designated on said Parcel Map No. 13884 as "Proposed Private Road Easement". IN EXHOIT SCALE: 1"=60' PLAT - -- ) 420 25 -11991-0189200 ) SAN DIEGO COUNTY RECORDER'S OFFICE AND WHEN RECORDED MAIL TO: ; ANNETTE EVANS, COUNTY RECORDER FEES: 0.00 CITY CLERK ) CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92064 This space for Recorder's use i '' i 8U8fdt0IMT10H ACREEN'K.NT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Dee of Trust dated August 18, 1989, recorded in the Office of the County Recorder of an Diego County August 22, 1989, File No. 89-448659, and as owner and holder\of the obligations thereby secured d•=es hereby make subject and subordinate\the liens thereof to the Easements granteU' t•y jRr.., Inc., Will-faim., and Gail Cochrane, Dickerson and Katherine Wright to the CITY OF POWAY, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easements, and said ease- ments shall be paramount and superior to the rights of any purchaser under a foreclosure of said Deed of Trust. \ Said easement was recorded concurrent herein , File No. described in said Deed of Trust. ---_— and affect the real property The undersigned Beneficiary of said Deed of Trust declares and acknowledges that it hereby intentionally waives, relinquishes, and subordinates the priori- ties and superiorities of the lien and charge of said Deed of Trust upon the land described therein in favor of said easements, and that it understands that in reliance upon and in consideration of this waiver, relinquishment, and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquishment, and subordination. Dated: bpri1 19. 1991 BENEFICIARY: Grossmont Ban R/W No. Exc. No. Project: This document is being recorded by Jrange Coast Title Co. as an accom- modation only. It has not been ex- amined as to execution or, impact on title. Vice President By: Richard G. Norquist, ni6r Vice President (Signatures must be notarized. Notary form attached.) J t j1 421 STATE OF .......................................:, l . PARTNERSHIP FORM Countyof .......................................... f ss On this ............... day of...............:........... A.D., 19 ....... before me.......................... .......................................... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared...... ••••....••..•........•.•.....••.......... ........... known to me to be ............................ ... e one othe Partners of the executed the within instrument, and acknowledged to me that such partnership executed the same. partnership that X11 3�Iti1f$$ �J�fJf1'[0(. 1 have hereunto set my hand and affixed my official seal the day end year in this certificate first above written. .................................................................................. Notary public in and for said County and State. GENERAL FORM STATE OF ........................ ............... . Countyof .................:......................... ss On this....................day of............. .................A.D.. 19......, before me,............ a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn,ersonall P Y appeared...... ............................................. ............................ Personally known to me to be the person...... whose name............................subscribed to the within Instrument, an acknowledged to me that.......... he.......... executed the same. d duly :ill 'J1Ilnt55 11D IYOI, I have hereunto set my hand and affixed my official seal rhe day and year in this certificate first above written. ..................................................... . ................... Notary Public in and for said County and State. CORPORATION F03`d STATE 0�.... ...... ' County of.. .. . r ...................... ss On this......!../.. .day of. ............ A.D.. IJ/1. • J L�. y L/�^ at` tart P"bl, in an or the said 01111 ty and &ate, residing therein, duly commissioned and Sworn ars orally appe are �„ .__.......................................i:nown to me b 6e the................ ._ :;�.:..5,%Q.. _�/ V,l..c.r... President /'/�?....................................... known to me to be Lhe.l,7...�..5..! oC the... ` 1,�•a2A.lt/....9lU.Secretary .yi............................................ the Cormoraticn that executed the within InsWment, known to me to be the. persons ..••....".• exec ..•d the In behalf of the Corporation therein named, and acknowledged to me that such Corporation who executed the within [nsWmen t, on lilt 1110[°5 i1 rporetion executed the same. .,I;f, CC0f, I have hereunto set my hand and affixed my official seal the day and year in this certificate first — OFFICIAL SEAL _ �o t SALLY J. JOHNSON NOIARYPUOLIC -CALIFORNIA PRINCIPAL OFFICE IN ',. SAN DIEGO COUNTY MY Commission Exp October 22. 1991 ........ .... ... ..... �......... .................... Votnry uh Ic in and for said County and Stnte.