Grant of Easement for Water Lines and Appurtenances 1981-090649 `
1496®
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110.-090649 •
®TILE/PgooRGE k 1981
R COROEUREQUESTOF'
RECORDING REQUESTED BY:
CITY OF POWAY • MAR 15 I 53 PH 11
OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: SAN DIEGO COUNTY.CA,
L.
LYL
NAME
City of Poway VERA
RECORDERE
Department of Public Works
STREET
ADDRESS 12324 Oak Knoll Road
CITY Poway
STATE California
ZIP 92064 This space for Recorder's use NO FEE
Title Order No. 1081646 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 278-180-59-
GRANT OF EASEMENT
FOR WATER LINES AND APPURTENANCES
GEORGE T. FREELEN Jr. , and CHERYL A. FREELEN, husband and wife as community
.__propert_y_, and GEORGE RANDALL STRAUSE and LINDA GAIL STRAUSE, husband and wife
(hereinafter "GRANTOR") hereby grants to CITY__O.E_P.OWAY
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 20.00
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 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 Ito
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 4 of Parcel Map No. 9508, filed in the Office of the County Recorder
of said San Diego County December 20, 1979, being a portion of the South Half
of the Southwest Quarter of Section 32, Township 13 South, Range 1 West, San
Bernardino Meridian, in the County of San Diego, State of California, according 1
to the Official Plat thereof. i
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ea.€44- 1 PRozrnot FILE
.7a-er4 DOC.;#374 ,
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1497
This is to certify that the interest in real property conveyed
3 -Is &ear C T'
by the deed or grant dated from Fveeth 7r ••
Cke. A.Preelen, 4[ < h sb� P d ye
C esx t RanAail Straoat,Lti J Gc l Sfrob thecity
of Poway, a political corporation end/or governmental agency
is hereby accepted by the undersigned officer or agent on be-
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half 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. t
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Dated 3 i 8y1 ,/ I`•
ei I �aft_
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Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "A" 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 later 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.
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. i
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 warrants and represents that)GRANTOR has the power to grant this easement in accordance with
its terms. r �y^� h•-&---4.51---
�11 Witness W1)rrfoF t, the GRANTOR has executed this Easement this R day of , 19--V-
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Executed in the Presence of: J,�
Witness. li (/�/vf,{Q
_by/j/"lel.B4 •
('� �1 1 r _
Witness. �J y'i -'meq. - )�^ TF-x1r.-,^- VAS
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/W
No.
DRA N
1081646 1.�.�o . c Kir '.a7 . . .ams
DRAWN BY �'��,,,��
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CHECKED BY (/ 4L..AIL w cc.o •� �.
ACCT. N0. Cn-P0'i-330_nn -
DATE March 18, 1981/mb
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BEC(Q—R/W(B0)
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® 1499 •
1!!!!1/!!!l!!!!!!IlllJlll!!!l!!!!!!!!-/_!!/!!!!!!!-_IIJJ!!!!!!!/!I!J!!l!I!J!!!!!!J./!l!l!!l!!! !l:
State of California On this the 19th day of March 19 81 , before me, 0
1 County of San Diego the ul ap
dersigned Notary Public, personally peared I•• ; -'
ti
,s----1
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LINDA GAIL STRAUSE ` 0
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111111 known to me to be the person(s) whose' mels) is. •T' 0
xsubscribed
geld 4 1
`�,• OFFIC '• L SEAL to the within instrument and acknowledged4thai' > sties 0
- t CARRIE M GARNETT executed the same for the purposes thereincontainecli .''
p .t, NOTARY PUBLIC - CALIFORNIA r - 1
N sA; rcco mum? IN WITNESS WHEREOF, I hereunto set my fiand"arid official seal. 0
N My wmn. expires DCI 5 1EE4 1 I l�
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Individual Acknowledgment \1'
7 STATE OF CALIFORNIA
-I COUNTY OF SAN DIEGO 55.
`; On 18 March. J 981. before me, the undersigned, a Notary Public in and for said _
• County and State, personally appeared •~
Ai r
zr. GEORGE F. FREELEN, JR. & GEORGE RANDALL STRAUSE
V eared
_ — known to me to be the person S whose names s:.are subscribed to the within instrument and
acknowledged that they -executed the same. , and duly
Notary Seal le8le first
WITNESS my hand and official seal. •
•• ��_4_• OFFICIAL SEAL ••
svma,=
MARCIA J. HENRY :
• o-� NOTARY PUBLIC—CALIFONNIA
3' b- se _,/,;1_21-.V10/7...-- j =� .;1✓ PRINCIPAL OFFIF.F. IN e
pit 8 I • i SAN DIEGO COUNTY ••
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�,msF' ♦ My Commission Expires July 3. 1982 ♦
,T,,s, Notary Public in and for said County and State —
Acknowledgment — Attorney in Fact
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO 55.
L On 18 March, 1 19I 81 before me, MARCIA J. HENRY
_ a Notary Public in and for the said County and State, personally appeared GEORGE F. FREELEN, JR.
Z — known!to me to be the person whose name is subscribed to the
CJ _•
CR
within instrument, as the Attorney-in-Fact of ERYT, A. FREELEN oared
m and acknowledged to me that subscribed the name of President
2. Z CHERYL A. FREELEN I thereto as .Secretary
^o principal _ and h i a own name as Attorney-in-Fact.
j I vment, on
IN-WITNESS WHEREOF, I have hereunto set my hand
r and affixed my official seal the day and ear in this Notary Seal
certificate first above written. • • icnte first
• ,ro OFFICIAL SEAL •
m / I d -.�r MARCIA J. HENRY 1.•-,
• V�4 / .�/ [/l • • 1 NOTARY PUBLIC—CALIFORNIA 1-
�� SAN OFFICE IN
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a ♦ SAN DIEGO COUNTY •
• % Pi : My Commission Expires July 3, 1982 •
m
Notary Public in nd for said County and State
IT'137
1500
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EXHIBIT "A"
• All that portion of said Parcel 4 of Parcel Map No. 9508 included within
a strip of land 20.00 feet of even wildth, the center line of said 20.00
foot wide strip of land being described as follows:
Beginning at a point on the Southerly, line of the Northwest Quarter of the
Southeast Quarter of the Southwest Quarter of said Section 32, distant thereon-
North 89°56'04" West (record North 89°56'03" West) 139.59 feet from the
intersection of said Southerly line with the Southerly prolongation of the
most Easterly line of said Parcel 4; Ithence North 0°47'55" East 392.76 feet;
thence North 1 °13'27" West 287.44 feet to a point on the Northerly line of said
Parcel 4, distant thereon North 89°41 '40" West 37.50 feet from the most Northerly
Northeast corner of said Parcel 4. 1
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R/W #1081646
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• 1501 .
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•' CENTER OFSW44 SECTION 32
' OF SEC. 32 I TMS R / w
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37.50' EX/5T 30 WATER
r } LINE EASEMENT
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PAR. / �N
to 0)
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PAR. 2 1 H P. M. 9515
PARCEL MAP NO. 9508 : tn
PAR 4 '
1 ,Lan 0
0
PAR. 3 -h
'p /O
ZOr
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EXIST /51WATER
I LINE EASEMENT
} N89 5G 04 W
/0 \ I (REC N89 5603•W)
SLY LINE PAR,¢, `
Q PM. 9502 �`v` SE COR PAR.¢
N --- 139. 59
SW CORNER OF NW%4
' OF 5E%*OF5W%4
N
VE/X"
... INDICATES WATER
LINE EASEMENT
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Project: EXTENS/ON FOR TP. M. /68/9
References: , PLAT. C .A.N. So-P03-330-00
of easements required by the R/W # /08/646
Cityjof Poway Tax Par. 278-180- 59
1 Gag EltiLib n.ivYc Cooperation Base Map 3
0
" ' Date: MAR. 18, 198,
Scale: / = 200 �� ronsuuine enolnsers I arcnuocts
1