Grant of Easement 1981-125229 •
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RECORDING REQUESTED BY: 81-125229
PILE/PAGE NO.
CITY OF POWAY BOOK 1°81
RECORDED REQUEST OF!
TITLE INSURANCE & TRUST CO.
AND WHEN RECORDED MAIL TO:
NAME City of Poway OFFICIAL
APR 2 4 8:00 AM'81
STREET RECORS
' O' 3118 SAN DIEGO COUNT'YDCAUF
ADDRESS 12324 Oak Knoll Road VERA L. LYLE
CITY Poway RECORDER -NOIRE
STATE Cali forni a 11``�y, 1.A'ENE
ZIP 92064 C1` 4: PUWFThis space for Recorder's use I
(Ca) Title Order No. 1 07931 5 NO DOCUMENTARY TRANSFER TAX NO FEE
NGS✓ Tax Parcel No. 323-261 -01
fOW 61/.pp3-323-iGo-22 GRANT OF EASEMENT
£rS)gt ova y
PRAVER BROS. INVESTMENTS, a General Partnership •
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE:'.), its successors, or assigns, the following described easement for a right of way 10.00 !
feet in width, in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repai i,
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 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 Lot 3 in Section 18, Township 14 South, Range 1 West, San Bernardino
'Base and Meridian, in the County of SanlDiego, State of California, according to
United States Government Survey, being described as follows:
Beginning at the Northwest corner of said Lot 3; thence along the Northerly line of said
Lot, South 89°15'30" East, 310.00 feet to the Northeast corner of the land described
in Deed to James F. Brewer, et ux, recorded October 13, 1954, in Book 5394, page 305
of Official Records; thence along the Easterly line of said Brewer's land, South 0°03'45"
East 990.00 feet to the Southeast corner thereof; thence along the Southerly line of
said Brewer's land, North 89°15'30" West 310.00 .feet to the Westerly line of said Lot;
thence along said Westerly line, North 0°03'45" West 990.00 feet to the Point of
Beginning.
EXCEPTING THEREFROM the Southerly 300.00 feet of the Westerly 180.00 feet. FILE
DOC. #381
ALSO EXCEPTING THEREFROM that portion of the Southerly 200.00 feet (measured on
the Westerly line of said Lot) lying Easterly of the Easterly line of the Westerly
180.00 feet. NO CHARGE ON THIS DOCUMENT •
FOR THE BENEFIT OF
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Said easement of right of way in the aforesaid lands is particularly described as follows:
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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
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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.
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.
lilt Witness Whereof, the GRANTOR has executed this Easement this---2-3 day of__ _ ___ , 19- •
Exec d in the Presence V� PRAVER BROS INNTS ,
Witness.
A General artnVE ip
Witness. BY ; Edwin raver , Gener Partner
R/W No. 1079315 I
DRAWN BY /' I
`�%�f!Y J.. y .
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CHECKED BY •l� • • � ••!�r` '•v
ACCT. NO. SD-P03-326-00 /
DATE February 18, 1981/mb
BY: Stanley P aver , General Partner
SEC(C)—R/W(80)
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EXHIBIT "A"
All that portion of said Lot 3 included within a strip of land 10.00 feet
of even width, the center line of said 10.00 foot wide strip of land being
described as follows:
Beginning at a point on the Westerly line of said Lot 3; distant thereon
South 0°12'45" East (record South 0°03'45" East) 238.00 feet from the
Northwest corner of said Lot 3; thence North 89°47'15" East 27.50 feet.
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R/W #1079315
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PARTNERSHIP FORM
STATE OF CALi rr�•
County of 4047 M!Elr1r1 f ss /�Crc
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On this ''e^° day of 4744"...714744"...71A.D., 199 before me 4 > J r4',st
a Notary Public in and for%e said County and State, residing therein, duly commissioned and sworn, personally appeared
. .regrew AAda 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.
At Witness Wljrl'eoi, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
,<•� OFFICIAL SEAL
GAYLE J MILLER I G�
I �. �� NOTARY PUBLIC - CALIFORNIA 1 '/% No •ry Public ,nand for said County and State.
4 .. I LOS ANGELES COUNTY ) I
�, My mmm. expires MAY 18, 1984 }
CF.NRRAL_EORt11_ _ _ _ _—_
\r STATE OF CALIFORNIA f 1
COUNTY OF LOS ANGELES ss'
ON April 14_ , tg 81
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ii before me, the undersigned, a Notary Public in and for said State, personally appeared 1
Stanley Prayer
1 known to me, •
0 to be one of the partners of the partnership that executed the within Instrument, and acknowl- ti
1 edged to me that such partnership executed the same. ti
sl l �����,� OFFICIAL SEAL WITNESS my hand and official seal. / / 0
sl rf i�. GAYLE J MILLER I ///�'/'///
` I ,{�I NOTARY PUBLIC • CALIFORNIA "jam`' 0
( -! � LOS ANGELES COUNTY
l� I r,�.� My mmm. expires MAY 18, 1984 ) I Gayle J. Miller 11
0 NAME(TYPED OR PRINTED) `l
lY War Public in and tar said Stale. 1
!!!!.!!!llllJ.11JJ./-J ./-.c.--....--....--_.co--.--..-Il-.III/IJJlJ'I./.I!'/.l.11llJlJIJIIIIJII-
PARTNERSHIP ACKNOWLEDGMENT FORM
- .county of _ ._ — _
On this day of AI.D., 19 before me
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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 he the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
Al TWllllfss WlJfffof, 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.
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NW COR. LOT 3, SEC.18
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kl .irt._ NB947%5 E
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weSi 1/4 I 275o• LOT 3 i
SECTION /320 1 I SECT/ON /8
T. /45., R. 2W. •• , T 14S., R. / W. N
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z A.... INDICATES WATER
LINE EASEMENT
Project: th! WOOLWORTH EXTENSION
1 References: • PLAT. C .A.N. So-P03-32G-00 _
of easements required by the RAI II /0 79 3/5
i City of Poway • Tax Par. 323- 2GI-0/
0 BOU/e EhC)b-XPenn corporation Base Map 2
Scale: / IC /D0' Date: FEB. 18, 1981
consulUnO enolneers l architects
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•' 1292
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• CERTIFICATE. OFACCEPTANCE
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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 that the interest in real property
conveyed by the deed or grant dated February 23 , 1981
from Prayer Bros. Investments
. 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
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