Grant of Easement for Water Lines and Appurtenances 1981-269128 fb 45 81-263128
• FILE1PAGE NO. 1
BOOK 1981 •
RECORDED REQUEST OF
RECORDING REQUESTED BY: LAND TITLE INSURANCE CO.
CITY OF POWAY AUG 24 8:00 AM' 81
OFFICIAL RECORDS
•
AND WHEN-RECORDED MAIL TO: SAN DIVE RA
L. LYLE
CALIF.
RECORDER
• NAME City of Poway RECORDER:
Department of Public Services Rleesomnohe tte
P dr .cna.dineheg the NO FEE
STREET ached mstrumeet. It
ADDRESS 12324 Oak Knoll Road Is peingrieOrdad In
connection wan a Gov-
CITY Poway ernmen,al Agency ire-
STATE Cali forni a . njeC1oa.
ZIP 92064 - This space for Recorders use
Title Order No. 325138 — R NO DOCUMENTARY TRANSFER TAX NO FEE
Tnx Parcel No. 321 -271 -22,23
GRANT OF EASEMENT .
FOR WATER LINES AND APPURTENANCES
JOHN L. AUGUSTINE and DIANA L. AUGUSTINE, aS community property I'
tom` .
(hereinafter "GRANTOR'') hereby grants to QITY QE,Ii WAY
tztir
Mk 30.00
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way
feet in width, in, upon, over, under and across the lands described below, to 'erect, construct, reconstruct, replace, repair,
iz' .
maintain, and use a pipeline or pipelines:for any and all purposes, together with such fixtures and appurtenances, including,
vt tsmtj`21
but not limited to, facilities for power transmission and communication purposes, at such locations and elevations, upon,
-dri ,;n
"
along, over and under the right of way descnbedAbelow as GRANTEE may now or hereafter determine in its sole discretion
,fir
without any additioniil,compensation therefor, together with the right of ingress and egress from the easement by a practical
route or mutes in:Aupon, over, or across the land described below, together with the right to use this easement for access to
1.
GRANTEE'S rightsi,of way situated,in adjacent lands, without any additional compensation therefor.
.1:,; in'
V . San Die
The land encom ns`s{'=g,is this easement is situated in.the County of State of California, and is more
fj(^ •
particularly described as follows, to wit:
Parcels 1 and 2 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.
•
•
•:.r 1/24184 ouNd•
Ho Pot,c'.�T.I.\
t,,
.. Copy TO JIB, PtA-2.1ThSe.4r
QkIPI
- 1R - i 3q'1
STATE OF CALF 0 7
c' COUNTY OAF/� Let---°— "
r On �`�" ,s /E9,/ , before me, the undersigned, a Notary Public in and for
0
U
as said State, personally appeared / /', � /!
r Com" r__�- a.. ..
e.. —
E (f
known to me to be the person Q _whose name a-- a-ij`
a ,• subscribed to the withinhin0instrument and acknowledged to me anningraillSOFFICIAL SEAL g
is
S that `it art.-w)r executed the same. ' CINDY S. GARY 6
T (/ r i NOTARY PUBLIC-CALIFORNIA
R , WITNESS my hand and official seal. 1 ,r r i� PRINCIPAL OFFICE IN 1
s SAN DIEGO COUNTY S
E' �I L1/4:0
N Commission Expires November 2. 1982 3
`o' Signature i rd ;,./(1411—/-j
esrasuaemasrowpnslunustmmta�
Name(Ty1ed or Printed) 1 (This area for official notarial seal)
�J r
• •
2346
Said easement of right of way in the aforesaid lands is particularly described as follows:
The Westerly 30.00 feet of said Parcels 1 and 2 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 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
t;3
public agency or utility including, but not limited to, any agency supplying water or sewerasen'rces or facilities to the public
as GRANTEE may determine in its sole discretion without paying any additional compensati44GRANTOR or GRANTOR's
heirs, successors, or assigns, therefor. ,,;R
•
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 additio e1 compensation to GRANTOR or GRANTOR's heirs+.
-scrisuccessors, or assigns, provided GRANTEE/does not expand its use of the easement beyond the easement boundaries de-
scribed
bed above. r%
et
It is also understood and agreed by tt epaiues that the GRANTOR and the GRANTOR'S heirs, successors, or assigns,
shall not increase or decrease or permit to be inc eased or decreased the existing ground elevations of the above—described
easement which exists
at the time this documc Cis executed without obtaining the prior written consent of the GRANTEE.
In the event F;if any dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration pro-
ceeding, adminstrui ve proceeding or litigation in law or in equity, including an action for declaratory relief, is brought too
°t:S
enforce or interpretrRieprovisions or performance of this easement, the prevailing party shall be entitled to an award of all
attorney's fees and the'oosts 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
a its terms. •
q
£n Witness lyltrfust, the GRANTOR has executed this Easement this I '• day of -,kar . 19--t7-.
•
•
Executed in the Presence of:
• 6-4-41..44/%
Witness. ,J
•
00C-Retteft.C,
(2,r„e„,,
Witness.
t
R/W No. 325138 Q�
DRAWN 131 G!
CHECKED BY
ACCT. NO. SD-P03-752-06
DATE May 5, 1981/mb
BFC(C1—R/W rpm
• 2048
CERTIFICATE OF ACCEPTANCE
I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC SRRvTrWG
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 15 19 gI
from JOHN ) AUGOSTINE a.e.J—.
,-DIANA L . Aususrit.le
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 S 198'1 CITY OF POWAY
By : Alifftu '411.64,44dil
Robert W. Meissner,
Acting Director of Public Servic
(D. P .S . 4-81) •
. ® * .
204
• i1
II
II .
P. M. � �10293
it
.
.
I -
1370.94'
I
SECT/ON 103 8, T- /4 S., • R. / W.
• 0 PAR. / 0
iii h
m
/ a •
•
r /364.64 '
.3o` 5E74- OF SE%q-
PAR. 3
i M. I /0933 ,
N. •
to
SOUTH%4 GDR. I PAR. 2 . Cei
SECT/ON 8 \y !h •
SEC. 8 /353. 54 / -
• SEC. /7 it
.N
• I iv A.. INDICATES WATER
LINE EASEMENT -
•
Project: ASSESSMENT DISTRICT 79-/
References : PLAT C .A.N. SD-P03-252-06,
of easements required by the Rid # 325/33-R
City of Poway Tax Par. 32/- 071- 22,23
Bowie Er oneeri gCLXOorattor7 Base Map 2
Scale: i "- 4-00 ' Date: MAY 5,, 198!
Cgnsuttlnq en glneers t arCnitects