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Grant of Easement for Water Lines and Appurtenances 1981-257360 • • 15 90 • 81-257360 FILE(PAGE NO. BOOK 1981 10RECORDED REQUEST OF RECORDING REQUESTED BY: LAND TITLE INSURANCE CO. CITY OF POWAY nuc 13 8:00AMt81 OFFICIAL RECORDS I SAN DI AND WHEN RECORDED MAIL TO: DIEGO VERA L.COUNTY,CCALIF. RECORDER NAME City of Poway Department of Public Services STREET NO FEE ADDRESS 12324 Oak Knoll Road �/ CITY Poway DOCUMENTARY TRANSFER TAX ZTP STATE California a This space for Recorder's use Title Order No. 333848-R NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 321 -271 -24 GRANT OF EASEMENT FOR WATER LINES AND APPURTENANCES CHARLES E. LITTLE and BEVERLY A. LITTLE, as community property thereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors. or assigns, the following described easement for a right of way 40.00 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 Ito 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 SAI. Diego State of California, and is more particularly described as follows, to wit: I Parcel 3 of Parcel Map No. 10933, filed in the Office of the County Recorder of said San Diego County January 29, 1981 , in the City of Poway, County of San Diego, State of California, being a portion of the South Half of the Southwest Quarter, and the Southwest Quarter of the Southeast Quarter of Section 8, Township 14 South , Range 1 West San Bernardino Meridian, according to the Official Plat thereof. • RECORDtRI RECORDER: pIsesn meNE PB EPPIn• Plen.e make no eftarFa for noor6IPB INP a l: to' recordt„a tna att seb d II1A trIIm+ERt: II ee�ed msunm,;nt. It • Is wog r&&,91d&d IR „ bem F. recorded In con, 11611 i11E0&ga'Y' conmmaon with nGov erem6stil hit* /H8' ernmantal AcanC ere- ty�rGg6,. _ naection. FILE Doc. -3901_ Copcf to Jiftn Pitk2fmAIe,K 110_1 •• 0 • • • • • 1598 i Said easement of right of way in the aforesaid lands is particularly described as follows: The Northerly 40.00 feet of said Parcel 3 of Parcel Map No. 10933. 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 of flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. ,1 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 thelocation 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 deli scribedabove. 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 he entitled to an award of alit attorney's fees and the costa 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. • /Q Mll Witness /Mitred, the GRANTOR has executed this Easement this____ 8 day of _. __ , --- :11r1. Executed in the Presence of: / r Witness. d Witness. 0 D333848-R DRAWN BY CHECKED BY ACCT. NO. SD-P03-252-06 DATE May 5, 1981/mb BEC(C)—R/W(80) 1599 PARTNERSHIP FORM STATE OF County of s5 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. , .SII Willie%s Wined, 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 CALIFORNIA County of SCAN...DIEGO ss On this 18th day of Max A.D., 1981 before me Lois I . James a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared chaxJ,eS E . Little dPg1 5.exexl,y..A,,,.Litt.1.e personally known to me to be the persons whose name$ are subscribed to the within Instrument, and duly acknowledged to me that t he.y executed the same. 3111 31JIf NfsS Wilfred, I have hereunto set my hand and affixed my official seal the day and year in this certificate fist above written. r ���► OFFICIAL SEAL I 0e �.. 541..„.....v../ 1015 h JAMES (l Y, - NOTARY PUBLIC - CALIFORNIA r Notary Public in and for said County and State. t i. l SAN DIEGO COUNTY I 4 Fly comm. expires JUN 15, 1982 CORPORATION FORM STATE OF County of as • On this day of A.I)., 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 same. .iln Witness //Auto!, 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. • r 1300 CERTIFICATE OF ACCEPTANCE • I , ROBERT W. MEISSNER, ' as ACTING DIRECTOR OF PUBLIC $RRUTCPG 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 ) 8', 19 8 1 from CHARLES E. LITTLE ffEVERLY A. LITTLE 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: AUGUST 7,JQ SI CITY OF POWAY By: W. ki,(441 ek Robert W. Meissner, Acting Director of Publib Servic (D. P .S . 4-81) r 1001 • • P. M. 970 7 PAR. 3 • ' i WLYL/NEOFNLY 674 6/ ' I OF SLY /5/5.95 .0F ELY. NW CORNER OF 998.55'0FSW%4 SEG. 8 Sw74 0FSE74 SECT/ON 8I 1 T. /4 S., RI kV I w I V I _ R N I ��~-_. m SLY LINE OF NIX 674c/ I A SLY. /5/595'OFELY. I � 40' .55 .0FSW74 550.8 I IPAR. /i II -- 968.55' -"-- L '///// //////// /1/l/11///I 0' I w i.I h h to I o 30' I PAR. 4 I'-- ; XI PAR. 3 . I h; p M. /0933 I I PAR 2 . I I I I I • I • SEC. 8 968. 55' • SEC. 17N p� SOUTH CORNER . . i / , .. INDICATES WATER OF SEC. 8 LINE EASEMENT Project: ASSESSMENT DISTRICT 79-/ References : PLAT C.A.N. SD-PO3-252-0(0! of easements required by the R/W it 333848-R I City of Poway Tax Par. 321-271-24 Base Map 2 ..--# Date: MAY 5, /901 ; Scale: / 'r= 200 ' is r`5 consurtino anaInaata 0 arcnttacts i 1 Y ` • ® _ , , qac• 'I p N •�T i ,=i —10CNric L pours A 2 �y b • I;, • ro ae1 ,gt�g4 c+aA'N - ti '1t, Y ',' i is G V or O0N R Y p i -._� Rl N P I ,'JO . ..,,.• 6 bpZ,1 A 'has --. -• � J N . x .:. , ilpb Pi a e• hi 31 P 11 ii: 1„ \`Tl4` � lc to a s 2 1 III �d �—-- - '_. 4. r ^yn [/ ♦'._. 4,j. . 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