Grant of Easement 1981-257358 •
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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 .
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(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.
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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:
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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•
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nsaction. _
COPY To Jirra RAMAR,g, 4IIy(PI
74-i •
FiieEoc. #k 3g7
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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.
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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)
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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.
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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
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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.
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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)
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�tl-. INDICATES WATER
LINE EASEMENT
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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.
C Base Map 2
Scale: / "- Date: FEB. /6, /98/
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