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Grant of Easement 1981-109485 .- ,0307)ida—oSY sso RECORDING REQUESTED BY: 81-109485 CITY OF POWAY • _ RECEIVED FILE/PBOOKK 1981 IMAY 1' ' 1981 ! RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. AND WHEN RECORDED MAIL TO: iv' APR1 0 g:UO AM'81 NAME City of Poway OFFICIAL RECORDS STREET SAN DIEGO COUNTY, CALIF. ADDRESS 12324 Oak Knoll Road VERA L. LYLE RECORDIR CITY Poway 710 Os— ; STATE California ZIP This space for Recorder's use 92064 Title Order No. 1080742 NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 323-261 -26 I I GRANT OF EASEMENT . t - PHILIP R. GIESING and CAROL A. GIESINGG, husband and wife as joint tenants \, (hereinafter "GRANTOR") hereby grants to CJTY__OF_POWAY - (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 arid communication purposes, at such locations and elevations, upon, along, over and under the right of way described belovi 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 mutes 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: That portion of the Southeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, according to United States Government Survey thereof described as follows: BEGINNING at the Northeast corner ofi said Southeast Quarter, thence Westerly along the North line thereof 20 feet'; thence parallel with the East line of said Section, Southerly 990 feet; thence parallel with the North line of said Southeast Quarter, Easterly 20 feet to said East line; thence Northerly ' along said East line 990 feet to thei Point of Beginning. 1 * See Exhibit "A" for particular description of easement parcel,. 1 NO .CHARGE ON THIS DOCUMENT ' FOR THE BENEFIT' OF — Cc : PRAzmatic 5/I3f8L' CIt-i- d • DOC, 372 • 4► 6 5 i011) • 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, successorsr)}land assigns, shell not erect or construct or permit to be erected or constructed, any building, structure or improvement on/BOC} or under any portion of the easement,�.r1nor shall GRANTOR, its heirs, successors, or assigns, plant any tree or trees or plant any other vegetation or flora )lig 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 timeg,s3ORANTEE 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 ps ement with any other public agency or utility including, but not limited to, any agency supplying water or sewer servicedatkicilities 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. 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. Q 141M p 1 3m Witness Wl)freol, the GRANTOR has executed this Easement thie____l9 day of.mkt , 19 G?i.--. Executed in the Presence of: ' • I. Witness. Witness. DA No. 1080742 DRAWN BY CHECKED BY ACCT. NO. SD-P03-326-00 • DATE March 18, 1981/mb BEC(C)—R/W(80) ® 652410 EXHIBIT "A" I All that portion of said lands lying Northerly of the following described line: Beginning at a point on the Easterly line of, said Southeast Quarter of Section 13, distant thereon South, 0°12'45" East 268.00 feet from the Northeast corner of said Southeast Quarter;( thence South 89°47 '15" West 20.00 feet to the Westerly line of said lands. EXCEPTING therefrom, that portion thereof lying within the Northerly 50.00 feet of said Southeast Quarter of Section 13. Notwithstanding any provision oT this Grant of Easement, Grantor and Grantee herein, and their respective successors and assigns, hereby mutually agree to the following: C PI . Grantor reserves the right to instal perimeter fencing, a sprinkler //` /Q,� system, and driveway paving within the limits of said easement. I 4 " 2. Grantor reserves the right to plant trees , vegetation, or flora / A only along the perimeter of said easement, and in a manner which • would not now or hereinafter interfere with Grantee's facilities • It ,Qped vQ/4%. d installed or hereinafter installed within said easement. 3. Grantee agrees that in exercising its right to trim, cut, or clear away growth of any kind within said easement; said right shall be limited to only that growth which interferes with the AAA& Q/ operation, maintenance, and repair of said Grantee 's facilities. /if 4. Grantor agrees that no sewer lines or sewer facilities which parallel a water line or lines now or hereinafter installed by said Grantee within said easement, shall be constructed within ten feet, measured • at right angles , of said water line or lines . t • R/W #1080742 ® 653 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 I 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. III Witness WtJrff01, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I Notary Public in and for said County and State. ((`` GENERAL FORM • STATE OF.`A\1W0.�1'0. County of....J.0014.411.Eq.4 �ry A }ss p C (� ` • On this le PI day of k0TAN A.U., 19e1 before me 0.111.(}..\+,.•9.14. ►i1.e�k+ a Notary Public in and for the said County and State. residing therein, duly commissioned and sworn, personally appeared —Pk\iA\e...Ft Gr1.6S!N4...RNL...C.mot..A...G.1ES1.M personally known to me to be the person.S...whose name S Arc._ subscribed to the within Instrument, and duly acknowledged to me that 1 hem. executed the same. 31n Witness Interco(, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 14, '4 OFFICIAL SEAL ' �. «a� Q EVIA L POWELLQ" '." "Ci SL 4 .a5 •kS; NOTARY PUBLIC - CALIFORNIA Notary Public in and for Said County and State. I , ' ' SAN DIEGO COUNTY 1,_— My comm. expires AUG 21, 1930 1 CORPORATION 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 the President and known to me to be the Secretary of the 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. Ji11 Witness Wljet'f01, 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. ® . 654 • •N ii M NW COR. LOTS, SEC. /8 - W%4 COR. SEC. /B "J ti) 1 POWWA Y . I h! ROAD I \, -y I . • boa ��0 /til9 . R. 0. 5. 27/3 _ / • N • NE34715 E = 20' . • 27.50' SE Y4 LOT 3 SECTION 132O'I SECT/ON 18 T. l4 S., R. 2 W T. 145, R. / W. N - w tn 5 . iy. //j co . /�/A... INDICATES WATER LINE EASEMENT . Project: F. W. WOOLWORTH EXTENSION . References : PLAT. C .A.N. SD-P03-326.00 of easements required by the R/W 11 /080742 City of Poway Tax Par. 823-26/- 26 Soule Er7gb7Cerine ecvpoeacJon Base Map 2 Scale: / rr= /00 ' Date: MAR.I& /981 consUitlno enolneels r arcnItects 0 655 CERTIFICATE OF ACCEPTANCE I, ROBERT W. MEISSNER, ias DIRECTOR OF PUBLIC WORKS and agent for CITY OF POWAY, make the following certification on its behalf: This is to certify that the interest in real property conveyed by the deed or grant dated March 18, 1981 from Carol A . Giesing land Philip R. Giesing — 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 19, 1981' CITY OF POWAY By : teA.444/14 Robert W. Meissner, Director of Public Works eoa�A s/�b �mari3�fx smarm 37 JS tr 1� rvre —a•vi �\���� 1' f� n v Pnet x i?� M 2a S97/ &M1 0/ NOl1 SUS' ice\ rvre —a•vi �\���� f� n \\� X e w f b dd� k6 f k o 80" Il iW JI. � .'13gI � o �. a o- - sw-�„� — •°sib. � LT—q� a�1 % +� 9 1 05 �4 d `o ny alm vF % o aAA d d e \Fe n �O 1- \� oil �� a .I �I Ig I M 2a S97/ &M1 0/ NOl1 SUS'