Grant of Easement 1981-257356 81- 151 356
s.
4111•
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• -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-
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Copq To ,1irrn QAz r itK - 9 �,�1�8�
79- 1
• F,1e. Doc.* 3 Sip
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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
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1 (D.P . S . 4-81)
1578
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.- /!JD/CATES WATER
LINE EASEMENT -
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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 —
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