Grant of Easement for Water Lines and Appurtenances 1981-128432 RECORDING REQUESTED BY:
81-128432
CITY OF POWAY FILEIPAGGE N0. -_____ -
BOOK 1981
RECORDED REQUEST.OF
AND WHEN RECORDED MAIL TO: TITLE INSURANCE & TRUST CO.
NAME Ci ty of Poway • APR 2 8 8:00 AM'81
CITY Poway
P.o , Qv* 3`�8 OFFICIAL RECORDS
ADDRESS 12324 Oak Knoll Road SAN DIEGO COUNTY, CALIF.
VERA L. LYLE
RECORR
ZIP California tau cue— This space for Recorder's use o7
92064 AMP. PlpwaLL
(08) Title Order No. 1079312 NO DOCUMENTARY TRANSFER TAX - NO FEE
Tax Parcel No. 275-232-31 -91'
Oct /,1tG2641/a7 GRANT'OF EASEMENT
FOR WATER LINES AND APPURTENANCES
ESKct 04 Y
ETIF, 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 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 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 Di ego State of California, and is more
particularly described as follows, to wit:
All that portion of Lot 2 in Section 35, Township 13 South, Range 2 West, San
Bernardino Meridian, in the City of Poway, County of San Diego,. State of California,
according to the Official Plat thereof, described in Deed to ETIF, a General
Partnership, filed in the Office of the County Recorder of said San Diego County
November 30, 1979, as File/Page No. 79-503693 of Official Records.
• ` 'NO .CHARGE ON THIS DOCUMENT
i'OR THE BENEFIT OF
FILE + �1
Coe.1/o: •5. 2RAzmavg. s :r iv DOC. # - - _
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Said easement of right of way in the aforesaid lends is particularly described as follows:
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SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
tlli
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
uilding?structure 25xXwptomela S on, over or under any portion of the easement, nor shall GRANTOR, its heirs, successors,
0(1
or assigns, plant any tree or trees a eeta¢(�IXJpShCJt7PXR0(ectigete egoint, nor dig or drill nnyt Is on any portion of
the easement. /yid/7At'"J CJI/
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, anylagency 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 pipelines 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 ior 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 thatIIGRANTOR has the power to grant this easement in accordance with
its terms.
AlSri—
Witness MEW, the GRANTOR has executed this Easement this day of__Pk413.5.11
ETIF, a General Partnership
Executed in the Presence of: • /�i^ �/1,� fri
', /
� o�ctti`� `)75 7YA4LecnSFr l ' GL i,...,, '�^^'
It Witness.
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I-w-31 .. �1..,
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R/W No. ^\
DRAWN BY
CHECKED BY
ACCT. NO. SD-P03-309-00
DATE March 4, 1981/mb
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BEC(C)—R/W(80)
• i '7 6 411
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EXHIBIT "A"
All that portion of said land described in said Deed to ETIF included within
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 :
Commencing at the intersection of the Southerly line of said ETIF land, and the
Easterly line of land described as Parcel 79-1037A in Deed to the County of.
San Diego for County Road Survey No. 1859-2, filed in the Office of the County
Recorder of said San Diego County July 25, 1980, as File/Page No. 80-233922
of Official Records, said intersection being a_ point on the arc of a 2467.00
foot radius curve, concave Easterly,' in said Easterly line, a radial line to
said point bears South 87°34'22" West; thence Northerly along the arc of said
curve, through a central angle of 0°58'37" a distance of 42.06 feet to an
intersection with a line drawn parallel with, and distant 42.00 feet Northerly,
measured at right angles, from said Southerly line of ETIF land; thence along
said parallel line, South 88°53'13" East 18.02 feet to a point on the Easterly
line of land described as Parcel 80-0788-A in Deed to the County of San Diego
filed in the Office of the County Recorder of said San Diego County January
26, 1981 , as File/Page No. 81 -024520 of Official Records, being the TRUE POINT
OF BEGINNING; thence continuing South 88°53'13" East 196.54 feet; thence North
1°06'47" East 45.00 feet.
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R/W #1079312
Rev. March 4, 1981
�, ' ® i 't ? 4111
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Fe c J n
PARTNERSHIP SFORM
STATE OF ss
County of £AN D'Bs n
a ri 1.A.Rcia C. CowA�
On this S day of nil{2 C AM., 19,/ .,before me
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
DA✓I p O. STA u5 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 ?Dining 1W!jtrco!, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
OFFICIAL SEAL - /? ,�
f' MARCIA I. COWAN �I�. -"' V `"`�nc<_ -
;Ilter.
;n :' NOTARY PUBLIC•CALIFORNIA , Notary Public in and for said County and State.
V;,.. *..,
�v:+n�' PAtttlpel Office to San IXe&o CauMy
:> My Comm!sslon Exp Nn.17,19113 i
STATE OF California
PARTNERSHIP FORM •
County of san. DiTisc. }ss i
On this 14thday of April A.D. ig81 before me Elaine Myers
a Notary Public in and for the said County and State. residing therein, duly commissioned and sworn, personally appeared
Martin V. White I known to me to be one of the partners of the partnership that
executed the within instrument, and acknowledged to mei that such partnership executed the same. - .
Mn Willnf55 WI)ffcof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Y
OFeiahl4 OM •
� P FIAIP!!t MYERS Q/`L�
,..„......1,.' NoMlIr i:.. r,ALIT !IA
' Principal 011Ic4 u,;Ai UI48 CGgnlY I Notary Public in and for County and.State.
4j.
. MY Commltaloh 4ep,Pea.3,leap , . . . . .. . . .
OFFICIAL SEALI . ,
E °•1 •
n^TELAIINEArov pion. ^MYERS
a• Principal Office In Sea Diego County
GE\ERAI. FORM
- My Commission Exp.Dae.2, 1983
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
I
personally known to me to be the i
person whose name subscribed to the within Instrument, and duly
acknowledged to me that heexecuted the lseme.
M11.1W111nf55 lDbrrroi. I have hereunto set my hand and affixed my official seal the day and year in this certificate first
1 above written.
Notary Public in and for said County and State.
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-- ELY: UNE ODITO COUNTY OF SAN ClC
O/EGO REG. 1/W81, FM 81-024520 61 U
PARCEL 80-0788-A) 40
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CZ a4. l/-30-79, F/P 79-503693 -----
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30, 33' SECTION 35
T. /3 S. It
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1///J... /NO/CATES WATER
L/NE EASEMENT
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Project: WH/TE - STAUB EXTENSION
_ 1 4. REV MAR.4, 198/
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References : IPLAT. C .A.N. SD-P03-309-00
t of easements requi by the R/W II 1079312
City �of Poway . Tax Par. 275- 232-31
_ Bala Enpinscr,Cxl c corporation Base Map 3
/
cal e: / "= 100 ' > Date: FEB. l3, 1981 3Y-
consulun0 engineers r ercn¢ects
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Ilk
` i79 410
• 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 that the interest in real property
conveyed by the deed or grant dated Mar. 5, 1981 '
from ETIF, a General Partnership
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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
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January 20, 1981 and the grantee consents to recordation
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thereof by its duly authorized officer or agent.
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Dated : March 13, 1981 CITY OF POWAY
2/0L-/
By:
. Robert W. Meissner,
Director of Public Works
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