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Grant of Easement 1981-257358 • '• ® 5 8 5II81-257358 FILE J PAGE NO. BOOK 1981 RECORDING REQUESTED BY: RECORDED REQUEST Df_ LAND TITLE INSURANCE r CITY OF POWAY AUG 13 8:00 AM'81 OFFICIAL RECORDAND WHEN RECORDED MAIL TO: SAN DIEGO COON Y CALIF. VERA L. LY`E NAME City of Poway RECORDER STREET NO FEE ADDRESS 12324 Oak Knoll Road CITY Poway .DOCUMENTARY TRANSFER TAX $. STATE California This space for Recorder's use 92064 Title Order No. 325535-R NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No, 321 -270-41' 41 GRANT OF EASEMENT .VE_RNER. WUTZKE INCORPORATED, a California Corporation . • • (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 30.00 feet in width, in, upon, over, under rand 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 .Sal__D7Eg➢ State of California, and is more particularly described as follows, to wit: • Parcel 2 of Parcel Map No. 10784, filed i'n the Office of the County Recorder of • said San Diego County December 11 , 1980, in the City of Poway, County of San Diego, State of California. RECORDER: please make no charge for recording the att' ached instrument. it Is being recorded In connection with a Gov. ernmental Agency tan• • nsaction. _ COPY To Jirra RAMAR,g, 4IIy(PI 74-i • FiieEoc. #k 3g7 . — I • ® i5 8s 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 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 a'1 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. /��1 _ int Witness Wljcrfef, the GRANTOR has executed this Easement this 111'.Z-� day of �— ' „ 19 11 Executed in the Presence of: / - j Witness. • Witness. R/WNo. 325535—R 1111.0/5)DRAWN BY CHECKED BY ACCT. NO. SD-P03-252-m DATE February 16, 1981/mb BEC(C)—R/W(60) • • ® 1587 410 EXHIBIT "A" All that portion of said Parcel 2 of Parcel Map No. 10784 included within a strip of land 30.00 feet of even width, the Southerly, Southwesterly, and Westerly line of said 30.00 foot wide strip of land lying 10.00 feet Southerly, Southwesterly, and Westerly, measured at right angles , from the following described line: Beginning at the intersection of a line drawn parallel with, and distant 13.00 feet Westerly, measured at right angles, from that certain course designated on said Parcel Map No. 10784 as "North 2°57 '47" East 521 .08 feet"; and a line drawn parallel with and distant 70.00 feet Southerly, measured at right angles, from that certain course designated on said Parcel Map No. 10784 as "North 89° 10'58" West 175.00 feet" ; thence along said last mentioned parallel line, North 88°38'33" West (record North 89°10'58" West) 196.05 feet; thence North 42°34'50" West 63.83 feet to a line drawn parallel with, and distant 80.00 feet Westerly, measured at right angles , from that certain course designated on said Parcel Map No. 10784 as "North 2°57'47" East 400.00 feet"; thence along said parallel line, North 3°28'52" East (record North 2°57 '47" East) 256.65 feet; thence North 18°00'00" West 43.49 feet; thence South 73°01 '10" West 315.78 feet; thence North 20°55'05" West to the Southerly right of way line of County Road Survey No. 472, (Poway Road) a plat of which is on file in the Office of the County Engineer of said San Diego County. 1 • ' 1 • R/W #325535-R ® 1588 III PARTNERSHIP FORM STATE OF • County of ss On this day of A.D.• 19 before me i 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. M11 Willlfss Wljffro(, I hove 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 1 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 personally known to me to be the person whose name subscribed to the within Instrument, and duly acknowledged to me that he executed the same. Mn Witness Whereof, I have hereunto set roy hand and affixed my official seal the day and year in this certificate first above written. e Notary Public in and for said County and State. CORPORATION FORM STATE OF California 1 County of San..Diego Tss . On this 20th ..day of May A.D., 19..8.1., before me Catherine S. Ortega a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Verpg R. Wutfle known to me to be the XXXXX President X%XXXXXXXX XXXXXXXXXXXX•XXXaGXXxrl( �SZ'1�SXXXXXXYS24}EXXXIS.XX9P)PRRXtXX9l-X9Ql�ifXtji9(X•X'XXX•Xti(�t9(ifkXXXX§X9FXtl'R'JC of the VVtK�IVVtt IS WWll1l Il LLIICCt[ 11IIV'I 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 same. . Jill Wilt1fS5 111IJare, I have hereunto set my hand and affixed my official seal the day and year in this certificate first • OFFICIAL SEAL / \ -s'., CATHERINE S. ORTEGA (IL A -14. • �\-'"/ � `' NOTARY P '" Kyy', UELIGCAUF "' ORNIq Notary Public in and for said County and S[nte. -.'-4►'! PRINCIPAL OFFICE IN SAPJ DIEGO COUNTY My Cornmission Expires Apr. 12, 1985 • 15x9 ® i CERTIFICATE OF ACCEPTANCE I , ROBERT W. MEISSNER, as , ACTING DIRECTOR OF PUBLIC ,SERVTrP 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 20, 19 81 from VERNE R• WUTZKEINGORPOg'ATEP 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 Iq SI CITY OF POWAY By : Odund )11.4,WAH Robert W. Meissner, Acting Director of Public Servi< (D.P . S . 4-81) ® • • . 1590 • • . a0 y 1 • 1 NBB3B33-W(REC. N590'SS"W) ' •-.. 525.00' '" 573°0/ /OW --t--- - 00 3/5.78' N�` - _ --- N180000W PPR ,-. 4-3.49 ' V •W • 1 r p I N-^ Y WN 84 •oN WAY o Nom, 'atm p0 h �q ,--N 88 38 33 W/75,00 yy 05�, N ry 2 �, (REC.N 89'10'58 h') �2 0 2 ' r. 0 3 O M. 10784 lg6.05' ' _m. ti) 1 / . N583833W /3 ' I;n Ir. N SW %4 „N. e")0Y4 �. OF SNEv W te n PAR. 2 a., �' p.to ^o e3 W Nc"--; N . N h -to 0 Lk): m et 4<k) eN .. M PAR 3 ") 1h 2 139.35 ' • I 14/.73 f SECT/ON 8 • T. 14 S., R.. / W. ul 0 • • N C 475.00 I1 • • I N 7� li �tl-. INDICATES WATER LINE EASEMENT 1 . Project: ASSESSMENT DISTRICT 79-/ References: PLAT C.A.N.SD•PO3-252-06 1 of easements required by the R/W # 325535-R CITY OF POWAY Tax Par. 32/- 270-51197. 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