Grant of Easement 1981-088027 42 3 a 81-088027
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• ACCOMMODATION FILM _ 86OK isel_ -- --
REG'OROEU REQUEST OF
RECORDING REQUESTED BY: I LAND .TITLE INSURANCE COMPANY
dim P-0waK-MUM41-RAar u-�41-ST I-G� 2� 9 44 AH '81
CITY OF POWAY tttt NE DICOALCOUNTY:GA,RECORDG
AND WHEN RECORDED MAIL TO: 0A I •
City .of PowayVERA L. LY6E
NAME P-0way-munwL�l
> attar RECORDER
aist�;-c�
STREET 4 }}_{
ADDR E55 X�3 .
CITY Poway
STATE California
ZIP 92064 This space for Recorder's use NO FEE
Title Order Na, 32551 -R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 316-120-31
GRANT OF EASEMENT
FAR WEST HOLDING CO. , a California corporation
POWAY MUNICIPAL WATER DISTRICT,
(hereinafter "GRANTOR") hereby grants to
a public corporation
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 20,0Q
feet in width, in, upon, over, under and across the lands described below, to ref., 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, 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:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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(AKA meracl. Ql4ZA .
FILE
cO Ice• paaz 't ' DOC. #377
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EXHIBIT "A"
That portion of the Southeast Quarter of the Southeast Quarter of Section
15, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in
the County of San Diego, State of California , according to United States
Government Survey approved November 19, 1880 described as follows :
COMMENCING at Station 115 plus 01 .39 BC on the center line of the County
• Road, known as Road Survey 987, according to Map on file in the County
Surveyor's office, said point of commencement being at the beginning of a
curve in said center line concave Northwesterly and having a radius of 4000.00
feet; thence Northeasterly along said curve; through a central angle of •
5°00'43" for a distance of 350.00 feet; thence North 1°39'50" East 970.04 •
feet to the TRUE POINT OF BEGINNING; thence North 43°55'30" East to the North
line of said Quarter; thence Easterly along said North line to the East line
of said Section; thence Southerly along said East line to said center line ,
above mentioned; thence Westerly along said center line 432.50 feet more or
less , to the Southeasterly corner of the land described in Deed to Ernest
E. Mecheck, recorded January 19, 1953 as Document No. 7624, filed in the
Office of the County Recorder of San Diego County; thence North 22°45'00" West
292.00 feet to the Northeast corner• of said land; thence along the Northerly
line of said land and the Westerly prolongation thereof South 67°14'20" West
to a line which bears South 1 °39'50" West from the True Point of Beginning;
thence North 1 °39'50" East to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion lying Northwesterly of the Northeasterly
prolongation of the Northwesterly line of said Mecheck's land.
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ALSO EXCEPTING therefrom that portion lying within Poway Shopping Plaza Unit
No. 2 in the County of San Diego, State of California, according to Map thereof
No. 8564 filed in the Office of the County Recorder of San Diego County on
May 4, 1977.
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R/W No. 325517-R
• • 1725 •®
Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
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 liter 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.
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GRANTEE may at any time increase its use of the easement, change the location of pipeli nes 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 wartants and represents that GRANTOR has the power to grant this easement in accordance with
its terms.
iht Witness Wijerfof, the GRANTOR has executed this Easement this___/(__ - _ ---
Executed in the Presence of: j/ �- a
„a, ,
Witness.
Witness.
R/W No. 325517-R
DRAWN BY
CHECKED BY
ACCT. NO. C,903-291-00
DATE August 4, 1980/mb
BEC(C)—R/W(80)
1726
EXHIBIT "B"
All that portion of the property described -in said Exhibit "A"
described as follows : -
' Parcel 1 :
A strip of land 20.00 feet of even width, the Northwesterly line of -
said 20.00 foot wide strip of land being parallel with, and distant
6.00 feet Northwesterly, measured at right angles , of the, following
described line: '
Beginning at a point on the Southwesterly boundary of Poway Shopping
Plaza Unit No. 2, according to the Map thereof No. 8564, filed in the
Office of the County Recorder of said San Diego County May 4, 1977,
distant thereon South 27°51 '23" East 138.50 feet from the most Westerly
corner of said Map No. 8564; thence South 62°08'37" West 18.00 feet to
a line drawn parallel with, and distant 18.00 feet Southwesterly, measured
at right angles , from said Southwesterly boundary, being a point hereinafter
referred to as Point "F thence continuing South 62°08'37" West 10.00 feet.
Parcel 2: •
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A strip of land 20.00 feet' of even width, the center line of said 20.00
foot wide strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "F"; thence
along said line drawn parallel with, and distant 18.00 feet Southwesterly,
measured at ri.ght angles, from said Southwesterly boundary, of Map No.
8564, South 27°51 '23" East to the Northwesterly right of way line of
Poway Road; a plat of which is on file in the Office of the County
Engineer of said San Diego County. !
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R/W No. 325517-R •
® 1727
PARTNERSHIP FORM
STATE OF
County of ss
On this day of A.U.. 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 one of the partners of the partnership that
executed the within instrument, and acknowledged to me that such partnership executed the same.
Mn Witness 1211)ffrot, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
GENERAL FORM
STATE OF ss
County of
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
personally known to me to be the person whose name subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
3111 Witness Wljeitof, I have hereunto set my hand'and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
����y,,��J/\\ CORPORATION FORM
STATE OF.�JAITY '�
County o ,��471 0 ` ss ��t('�51�y 7� , et �t�Q,..+
On this....I(} day of. YkST A.D., 1. . .., before me1..Yl! W` ` W w •t—'
a Notary Ruub�lic inrandmef1r thhe sai oun and State, residing therein, duly commissioned and sworn, perso ally appeared
�„ .SI>xw(r"..... 'C .... known to me to be the President
and /40-0424)6
known to me to be the Secretary
of the iJ-'424)6 Co. •
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
3/11 Witness Wtjrreof, I have hereunto set my hand an affixed my official seal the day,and year in this certificate first
above written.
K<� OFFICIAL SEAL (;
lab CHRISTIANA WAGNER E �li l I 1 .r.. .
'Y NOTARY PUBLIC - CALIFORNIA 1
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kt 1I� SAN DIEGO COUNTY l - Notary Public in and for aid. County and State.
c � My comm. expires DEC 20, 1982 1
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Project: POWAY SHOPPING PLAZA UNIT 2
References : PLAT C.A.N. c-P03-29I-00
r . of easements required by the R/W # 325517 -R
Poway Municipal Water District Tax Par. 3161-120-3E
__ EJ��l �c m Base Map 2
! ErniDate: A116.¢ 1980
Scale: i "-
/00,. :r.a:.T7 consuaino eno�nemst oral!teas ,
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• • 1729
CERTIFICATE OF ACCEPTANCE
I, ROBERT W. MEISSNER, as DIRECTOR OF PUBLIC WORKS and
agent for CITY OF POWAY, make the following certification
on its behalf:
This is to certify thatthe interest in real property
conveyed by the deed or grant dated August 18, 1980
from Far West Holding Company
to the CITY OF POWAY, a political corporation and/or
governmental 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 or agent .
Dated : March 13, 1981 ,CITY OF POWAY
By: / '
Robert W. Meissner,
Director of Public Works
The City of Poway, in accordance with the terms of incorporation,
became successor in interest to Poway Muni ipal Water District as of
February 1 , 1981 .