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Grant of Easement 1981-257356 81- 151 356 s. 4111• jr • ® FIL*AS 356 • • -IS-13 BOOK 1981 RECORDED REQUEST OF LAND TITLE INSURANCE CO. RECORDING REQUESTED BY: e AUG 13 8:00 AM'81 OFFICIAL RECORDS CITY OF POWAY SAN DIEGO COUNTY, CALIF. VERA L LYLE AND WHEN RECORDED MAIL TO: RECORDER NAME City of Poway STREET ADDRESS 12324 Oak Knoll Road CITY Poway DOCUMENTARY T{Z,tvo'r Y..._.._.._.— STATE California NO FEE ZIP 92064 This space for Recorder's use Title Order No. 325135-R NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 321-270-17 321 -271 -11 GRANT OF' EASEMENT DIANA GAIL HUFFMAN and DWAINE THEODORE HUFFMAN, both single (hereinafter "GRANTOR") hereby grants to C_ITY_QLCOMAY (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way___30...0.Q 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 the Southwest Quarter of the Northeast Quarter of Section 8, 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 described in Parcel C of Certificate of Compliance No. C78-0539 BA(c) , approved February 7, 1979 and recorded February 8, 1979, as Document No. 79-060481 in the Office of the County Recorder of said San Diego County. • RECORDER: please mobs no chore for ,ecorrinr, the art' ached instrument. Is being recorded In connection with(:a Gar- ortmental Agency tea- • Copq To ,1irrn QAz r itK - 9 �,�1�8� 79- 1 • F,1e. Doc.* 3 Sip • ® • a 15 '7 4 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 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 deilf • 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. e/ 3111 Witness Wljtiro(, the GRANTOR has executed this Easement this__-�_ _______day off ! " , 19-n • Executed in the Presence of: (/ opiaellAt Jitiniktart. Witness. �• Dian Gail Huf an Witness. •R/W No. 25135-R DRAWN BY CHECKED BY ACCT. NO. SD-P03-252-06 DATE February If,, 1981/mb SEC(C)—R/W(BO) • 1575 EXHIBIT "A" Parcel 1 : The Easterly 30.00 feet of the property described in said Parcel C. Parcel 2: . An easement for the construction, maintenance, repair, and use of an access road over, under, upon, and across said Easterly 30.00 feet of the property described in said Parcel C. TOGETHER WITH an easement and right to construct, reconstruct, repair, and maintain excavation and embankment slopes beyond the limits of the property described in Parcel 2 above where required for the construction and maintenance of said access road; reserving to the grantors herein, their successors and assigns , the right to remove such slopes or portions thereof, provided that said grantor herein has removed the necessity for maintaining such slopes or portions thereof, or upon providing in place thereof, where necessary, other adequate lateral support, the design and construction of which shall be first approved by the grantee herein, and also provided that said grantee herein has given its previous written consent to such removal . • R/W #325135-R . I . 1576 PARTNERSHIP FORM STATE OF } County of ss On this day of Al).,. 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 one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. int Wittlf55 Miffed, 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. VC IP VI , • TO 111.44 OA I6-Y•1 r (Individual) �ATITLLE�UUINSURANCE NI, STATE OF CALIFORNIA J}l xeow,ws. San Diegoss. ItCOUNTY OF On - May 29, 1981 before me, the undersigned, a Notary Public in and for said - appeared State,personally appeared AAA*DIANA GAIL HUFFMAN*t* , ;nt, and duly w X , known to me W niflcate first i to be the person—whose name iS subscribed to the within instrument and acknowledged that t;she ly "'_ - __ — _ - m OFFICIAL SEAL executed the same. ( r oc k DEBBIE S GLAESSNER WITNESS my hand and official seal. I t �. NOTARY PUBLIC • CALIFORNIA G 1 \-- SAN DIEGO COUNTY Y, \ Ill,\1`� - -^ My comm. expires APR 20, 1984 I: . /Signature I lei L_ (This area for official notarial seal) - i� s _R r 1 STATE OF CALIFORNIA 1 COUNTY OF 1 IS S ON June 19 , 1981 , before me, the undersigned,a Notary Public in and for said County and State, personally appeared ' O OFFICIAL ** a'Ina--T.:Eu£Sman*** JEANNEfTE MARIE SEALISTO WU1..r• IUBtIC • CALIFORNIA SAN DIEGO COUN ? My comm. expires APR 19, 1986 I known to me to he the person.__ whose name is subscribed to the within Iinstrument, and acknowledged to me that....he.... executed the same. _ Notary's SignatufAJ.lrt!k. -et, id C ely. -_t.t.r--.r.l Crflia 0.AL ACKNOWLEDGMENTArk orm Na. I6 V. -- t • 1577 • CERTIFICATE OF ACCEPTANCE I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC ,S ERl7TCPc 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 j-wae 0, 021 from DIANA GAIL HUFFMAN m- at _✓WHINE THEODORE HUFFMAI.I 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: AususT 7, 1g81 CITY OF POWAY By : Alit110\M-Ucta.CA- Robert W. Meissner, Acting Director of Public Servic • 1 (D.P . S . 4-81) 1578 • RD P° • -�REC.NB9039' 9 W' at. N883833W > --- 525.00' ' itC( pO w '�\ O 3 NE CORNER OF ��•)\ a \q • SW 56.4 Of NE/4 i I -7 OF SEC. B ,3 h „ N �jl se N U I I k --SB@3B 33E �- (REL..589 0939 E) Li / /7500' * \--___TH .2,11 • . Iii O h I 3.3 .W . JO CO N CO Z I � ti m yN W 2 ESI ----- (S619453/E 622.16 ) * ....-.1., / - i �� , i PARCEL C OF L° ? O' Id! N1- CERT/F/GATE OF- COMPL/ANCE F':W Y .v REG. FEB. 8, M 1979 .� • .m F/P NO. 79-06 0481 o.tn v N h --- SLY. L/NE I t N89 /425W . . `." OFNE%4 i i / Q N i ---- (REC. 4/59.4551°W 62549) i I N .i' . %'%i .- /!JD/CATES WATER LINE EASEMENT - • • Project : ASSESSMENT DIST RICT 79- / References : PLAT • C.A.N. 5D-PO3-252.0! • of easements required by the R/W ;Y 325/35-8 City of Poway Tax Par. 3_21-27047) 321-27/ II � ' Base Map 2 1 • an Date: FE8. IG, 1981 ! Scale: ili. 2001 connuittno armaments a etcnttacts — • r