Grant of Easement 1981-257357 ` 07 9
.1 81=257357
RECORDING REQUESTED BY: FILEI AGE BOOKO1981 I
CITY OF POWAY RECORDED REQUEST OF
LAND TITLE INSURANCE CO.
AUG 13 8:00 Mal
AND WHEN RECORDED MAIL TO: OFFICIAL RECORDS
NAME City of Poway SAN DIEGO COUNTY, CALIF.
Department of Public Services VERA RECORDER
STREET
ADDRESS 12324 Oak Knoll Road
CITY Poway DOCUMENTARY TRANSFER TAX S•=•--•-••-•--a NO FELE-=
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STATE California
ZIP 92064 This space for Recorder's use
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Title Order No. 325137-R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 321 -271 -16,17
GRANT OF EASEMENT
FOR WATER LINES AND APPURTENANCES
DONALD L. MECHLING and KATHLEEN A. MECHLING, husband and wife
as community property
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY
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(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of wayXXXXXXXXXX
IM(tX X93(1)D. in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repaiir,
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.
San Diego
The land encompassing this easement is situated in the County of State of California, and is more
particularly described as follows, to wit: I
Parcels 1 and 2 of Parcel Map No. 9767, filed in the Office of the County I
Recorder of said San Diego County March 6, 1980, in the City of Poway,
County of San Diego, State of California, being a portion of the Southwest i
Quarter of Section 8, Township 14 South, Range 1 West San Bernardino Meridian, 1
according to the Official Plat thereof.
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RECORDER: 1j,11�+ •
Please make nncharge I/ dF Tll4e
ler ed jn ru the• It No I�11Q'J .
ted In•vumeet. It �V O'u—tLll�'1 /7
Is being recorded In TNS'• • QY`
connnctldn w'nn a Gov tet• I
ernmental A6ancY Va-
nsacuon. 1
Copy To Jircn PeRZnnA Ee. 9 /14/19)
79 - I
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1580
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.
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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
etermine 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.
3111 Witnf59 Inlet-COLthe GRANTOR has executed this Easement this 7 day of-1 ! //��/��,,,,J// , 19Y1__np/_L.
Executed in the Presence of: /
Witness.
71(4
Witness.
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D/A 325137-R
DRAWN BY
CHECKED BY
ACCT. NO. SD-P111-957416
DATE May 5. 1981/mb
BEC(C)—R/W(80) i
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1581
EXHIBIT "A"
All that portion of said Parcels 1 and 2 of Parcel Map No. 9767 included
within a strip of land 60.00 feet of even width, the center line of said
60.00 foot wide strip of land being described as follows :
Commencing at a point on the Westerly line of said Section 8, distant thereon
North 0°15'23" West 1303.84 feet (record North 0°32'30" West 1303.69 feet)
from the Southwest corner of said Section 8, being the Southwesterly corner of
said Parcel 2 of Parcel Map No. 9767; thence South 83°28'46" East, 179.72
feet to the beginning of a tangent 300.00 foot radius curve, concave Northerly;
thence Easterly along the arc of said curve through a central angle of
28°27'43", a distance of 149.03 feet to the beginning of a 300.00 foot radius
reverse curve, concave Southerly; thence Easterly along the arc of said curve
through a central angle of 52°37 '51 ", a distance of 275.57 feet to the
beginning of a 300.00 foot radius reverse curve, concave Northerly; thence
Easterly along the arc of said curve through a central angle of 52°38'49",
a distance of 275.66 feet to the beginning of a 300.00 foot radius reverse
curve, concave Southerly; thence Easterly along the arc of said curve through 1
a central angle of 47°56' 28", a distance.of 251 .02 feet to the beginning of
a 300.00 foot radius reverse curve, concave Northerly; thence Easterly along i
the arc of said curve through a central angle of 16°48'41 ", a distance of
88.02 feet; thence tangent to said curve, South 80°49'40" East, 378.70
feet to the Southeast corner of Parcel 3 of said Parcel Map No. 9767.
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R/W #325137-Ri
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® 1382 • I.
PARTNERSHIP FORM
STATE OF
County of as
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
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.
An Witness /IJrt'CO(, 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.
GENERAL FORM
STATE OF CALIFORNIA
County of San Diego }ss
• On this 7th day of May A.D.. 19 81 before me 'the undersigned
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
Donald L. Mechling and Kathleen A. Mechling
personally known to me to be the person 9 whose name s are subscribed to the within Instrument, and duly
acknowledged to me that t hat executed the same.
ul1 Witness Whereof, I have hereunto set my hand and affixed my official seal the day and .gr in this certificate first
above written.
OFFICIAL SEAL �j
M L SCHWARZ
!
oa . 't Notary Public in an for said County and State.
`� " 11
� .�l�ri NOTARY PUBLIC CALIFORNtn SAN DIEGO COONIY
`. M) comm, expires APB 27, 1984_,i
CORPORATION FORM •
STATE OF
County of SS
On this day of A.U., 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 the President ,
and known to me to be the Secretary
of the
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the some.
Ji11 Witness Wilfred, 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.
1383
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CERTIFICATE OF ACCEPTANCE
I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC SERUTCER
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 7 lq 8i
from DONALD L. MEGHLING a,Kt
KATHLEEN A. MEGHLING
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: AUGtvsT 7, )9R1 CITY OF POWAY
• By : / / b"• Iitelaa-ti
Robert W. Meissner,
Acting Director of Public Servic
(D. P .S . 4-81)
SO1 5`8 4 S
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NOTE: PROPERTY LINE DATA SHOWNM,,. /NO/GATES WATER r
HEREON•TAKEN FROM PARCEL• LINE EASEMENT
'MAP 9767. - j
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Project: ASSESSMENT D/STR/CT 79-/
• References : PLAT C.A.N. 50-PO3-252.06,
of easements required by the R/W II 325/37-R
City of Poway • Tax Par. 32/-27/-/6,/7
Base Map 2 !
r , EArtial Entergraerta ar1:asratt.y/ Date: MAY S, 1981
Scale: / ,n 200' k-sn :•% cormurzlna t+nWncurs 0 orcnitacts