Grant of Easement 1981-257354 ,•� ' 15o1
1=25'7354
FILE IPAGE N0, __..--_-
- BOOK 1981
RECORDED RI:QUT ��
RECORDING REQUESTED BY: • LAND TITLE INSURANCE Cot
CITY OF POWAY AUG 1UE 8:ROAM%I
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pFFICIAL RECQRD ALIF.
AND WHEN RECORDED MAIL TO: SAN DIVERACL.011LYLE
RECORDER
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NAME City of Poway
STREET
ADDRESS 12324 Oak Knoll Road NO FEE
CITY Poway
STATE Cal i forni a • DOCUMENTARY TRANSFER TAX$:_.-..
ZIP 92064 This space for Recorder'sruse
Title Order No. 3251 33-R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 121-200-'i6
GRANT OF EASEMENT
JACK WAYNE MOREHEAD and SANDRA J. MOREHEAD, husband and wifeas :joint tenants
(hereinafter "GRANTOR") hereby grants to CI TY-QF-Paflvgi'
•Igoe
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(hereinafter "GRANTEE"), its successors, or assigns, the following desdribed easement for a right of way 30.00
feet in width, in, upon, over, under and aeras the lands described below, to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline or pipelines+for an¢xand all purposes, together with such fixtures and appurtenances, including,
y`s, t
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 desciitn;d below as GRANTEE may now or hereafter determine in its sole discretion
without any addition.\compensation therefor, together with the right of ingress and egress from the easement by a practical
route or mutes m; upon, over, or across the land described below, together with the right to use this easement for access to
two
GRANTEE's righlsof way;�situaled,in adjacent lands, without any additional compensation therefor.
?r'..+erpf..
..ax_ ing
The land encompassing this easement is situated in the County of --Sdo__1JR911 State of California, and is more
particularly described as follows. to wit:
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All that portion of the Northeast Quarter of the Southeast Quarter of Section 7,
Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Poway, j
County of San Diego, State of California, according to the United States Government
Survey approved February 24, 1876, lying Southeasterly of the Southeasterly line
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of Poway Road.
RECORDER:
Please make no charge
for recording the att.
ached Instrument. It
Is being recorded In
connection with a Goy. •
et-mental Agency tre.
naegbn.
Copy To J i kJ Pen z omA e!c
•
gitdeI •
F - Doe- MO.
'9- I 38q
; 1562
Said easement of right of way in the aforesaid lands is particularly described as follows: •
The Easterly 30.00 feet of all that portion of the Northeast Quarter of the
Southeast Quarter of Section 7, Township 14 South, Range 1 West, San Bernardino
Meridian, in the City of Poway, County of San Diego, State of California,
according to the United States Government Survey approved February 24, 1876,
lying Southeasterly of the Southeasterly line of Poway Road,
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 plain 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
9tt,
public agency or utility including, but not limited to, any'agency supplying water or sewersneas or facilities to the public
as GRANTEE may determine in its sole discretion without paying any additional compensaiic;i'aGRANTOR or GRANTOR'S
heirs, successors, or assigns, therefor.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over this a osement without obtaining
thr prior written consent of GRANTEE. 'a
GRANTEE may at any time increase its use oGtiie ensement,'Changa"the location of pipelines or other facilities within
Wit'ti
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 additioltdL compensation to GRANTOR or GRANTOR's heirs,
successors, or assigns, provided GRANTEEydoes not expand its use of the easement beyond the easement boundaries de-
scribed above. t
Nit A
It is also understood and agreed by thctparties that the GRANTOR and the GRANTOR's heirs, successors, or assigns,
4`.
shall not increase or decrease or permit to be``mer'cused or decreased the existing ground elevations of the above-described
easement which exists at the time this docume'
nt is executed without obtaining the prior written.consent of the GRANTEE.
event/of
any the event'of dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration pro-
be.
rof
ati
ceedin g, adminstrntive proceeding or litigation in law or in equity, including an action for declaratory relief, is brought to
enforce or interpret'fhe,pm}a Bions or performance of this easement, the prevailing party shall be entitled to an award of all
oattorney's fees and thhel'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.
1 31n WIl Nf55 liThrffol, the GRANTOR has executed this Easement this /`S - day of._ __Ala 1 __ , 191
Executed in the eaence of:
.l�7a cat a1 a n e ,,N��p�re heal
Witness. �(jl __ iyi i 777.- rt at -LGh.�S/s-'��
Sant1n �, Ait;re-A
-Witness.
717
D/ No. 325133-R A L SEAL
DRAWN BY •
DELA CRUZ )
CHECKED BY -CALIFORNIA
TCOUNT( 1 '
ACCT. NO. SD-P03-252-06 res JUL 29, 1983
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DATE February 16, 1981/mb
BEC(C)-R/W(80) -
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-
(Individual) 15 6 3
et _
a STATE OF CALIFORNIA 1
A f.O11N'1'\' OF'
g4n ,9/tj ' 1 ss.
3 On L,C/�� 9�/ hhe! e rare, the undersigned. at Notary Public in an for said
a Mate. personally ap^ared _�O ,0.1,t i(t/rat _tee dial O n�
., w 6 6-nlnv T. •.4 o rte'A
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aw
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w . known to m:
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E < In hr die p,•r„n S whom:name.OP l subscribed
a. u, the y_
within instrument and acknowledged !ha! ae
r-..,"1",i ib: rano•. /
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OFFICIAvRITNiSS my hand and official seal.
� 1NORMANDIE
ma 9 NOTARY PUBLIC
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E Jignnt• LSIEl!J SAN MEG
P . 44,. elon //E 'ft ite eta__
v-Sir-i- my COMM ELP
Name (Typed nr feinted)
(nth area ler official notarial sean 1
1564
CERTIFICATE OF ACCEPTANCE
I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC .SRRVTrp
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 MAY )5, ;9 81
from TACK WAYNP MoREHEAD ...R SANDKA J
MOREHFAD
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: UGuS+ (ofICS CITY OF POWAY
By : 0_64.0AS 1 T i cal
Robert W. Meissner,
Acting Director of Public Servic
(D. P . S . 4-81)
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- i SECT/ON 7 SECT/ON 8
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7PO�JP T. /4S.• R. / W. 77 /4 S., R. / W.
NE%a OF SE-14;z
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