Grant of Easement for Water Lines and Appurtenances 1981-257360 •
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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.
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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
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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
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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.
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. 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.
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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.
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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)
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1001 •
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970 7
PAR. 3 • '
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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
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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
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Date: MAY 5, /901 ;
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