Grant of Easement for Water Lines and Appurtenances 1981-296928 •
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�L A?�ATIO HUM
81 - 2 969'28
FILE/PAGE N0. I
RECORDING REQUESTED BY: BOOK MI
CITY OF POWAY RECORDED REQUEST OF.
DEPARTMENT OF PUBLIC SERVICES and LIA. �nfurance
AND WHEN RECORDED MAIL TO: SEP I 8 se AH '8 I
CITY OR POWAY OFFICIAL RECORDS •
NAME SAN DIEGO COUNTY. CA, ,
Department of Public Services
LVERA L. LYLE
STREETS STRP.O. Box 348 1 RECORDER
RCITY Poway
STATE California
ZIP 92064 This space for Recorder's use No FEE
Title Order No. 309396-R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 323-270-36
GRANT OF EASEMENT
FOR WATER LINES AND APPURTENANCES
DONALD F. CUBBAGE and CELIA C. CUBBAGE, husband and wife as ,point tenents
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(hereinafter "GRANTOR") hereby grants to CITY_OE_ROYIAY•
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 20.00
feet in width, in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repailr,
maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures end 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
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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 rightsof way situated,in adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the County of San Diego State of California. and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
RECORDER:
Please make no charge
for recording the att-
ached Instrument. It
Is being recorded In
connection with a Gov-
ernmental
overnmental Agency tie•
nsaetion.
i-bfr.C\ D,S,
F' uttsubrMccass/ . CC — Jnen RozmeeK - 10l03139
toc, X1'398
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® 469 ®
EXHIBIT "A"
That portion of the West Half of the Northeast Quarter of the Southwest
. Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino
Base and Meridian in the County of San Diego, State of California,
According to United States Government Survey, approved. February 24, 1876 ,
described as follows:
COMMENCING at the Northwest corner of the East 305.00 feet of said West
Half of the Northeast Quarter of the Southwest Quarter, being the North
west corner of land described in deed to Harold B. Akright, et al ,
recorded Decemb8r 18, 1956 in book 6385, page 249 of Official Records;
thence South 00 43'58" East along the Westerly line thereof, 225.00
feet, more or less, to an angle point therein; thence Southerly con-
tinuing along said Westerly line to an intersection with the Southerly
line of the Northerly 321.00 feet of the West half of the Northeast
Quarter of the Southwest Quarter of said Section 18; thence continuing
Southerly along said Akright' s land, 2$0.00 feet to a point therein
designated as Point X; thence North 89 15' 30" West, parallel with the
North line of the Southwest Quarter of said Section 18, a dbstance of
128.50 feet to the TRUE POINT OF BEGINNING; thence South 01 23'45" East
to an intersection with a line that is parallel with and Southerly of
the Northerly line of the Southwest Quarter of said Section 18, and
which intersects the Westerly line of said Akright' s land at a point
distant 180.00 feet Southerly of Paint X hereinabove described; thence
along said parallel line, North 89'15'30" West to an intersection with
the Easterly line of the Westerly 20.00 feet of the Northeast Quarter
of the Southwest Quarter of said Section 18; thence along said Easterly
line, Nogth 01 23'45" West to an intersection with a line which bears
North 89 15' 30" West parallel with the Northerly line of the Southwest
Quarter of Section 18 .from pe TRUE POINT OF BEGINNING;thence along
said parallel line, South 89 15' 30" East to the TRUE POINT OF•BEGINNING.
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• R/W NO: 309396-R
® 470
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Said easement of right of way in the aforesaid lands is particularly described as follows:
The Westerly 20.00 feet of the property described in said Exhibit "A" .
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
oir
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'
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. I
GRANTEE may at any time increase its use of the easement, change the location of pipeli nes 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 dete4
mine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirst
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-
seeding, 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 alt
attorney's fees and the costs of the proceeding, which shall be determined by the court or the presiding officer having au-
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thority to make this determination.
GRANTOR expressly warrants and represent's that GRANTOR has the power to grant this easement in accordance with
its terms.
bl Wirnr5s Wl)rfrof, the GRANTOR has executed this Easement this 15th day of SEPTEMBER 19 81
Executed in the Presence of: ( /24 VFt, ..
Witness. �{`/''(// DONALD F. COBBAGE
<--~ "` CEtik-C. CUB-gAaE ....) .�
Witness,
D/A 309396-
DRAWN BY
CHECKED BY
ACCT. NO. Sd-PO1-278-00
DATE September 14; 1981 /js
BEC(Q—R/W(80)
® 471
PARTNERSHIP FORM
STATE OF ss
County of
On this day of A.D., 19 before me
e 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
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executed the within instrument, and acknowledged to me that such partnership executed the same.
�II
Witness Whereof, 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.
GENERAL FORM
STATE OF CALIFORNIA
County of SAN QIEGO ss
On this 15th day. of SEPTEMBER Al)... 19 81 before me.......F+L.I,$,F,.,C, WARD
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
DONALD F. CUBBAGE & CELIA C. CUBBAGE �
personally known to me to be the person whose name ARE subscribed to the within Instrument, and duly
acknowledged to me that -they executed the same.
3111 Witness lWl)fl'tof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
ONEICIAI fEAI
chi ELISE C. WARD
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN Notary Public in and for said County and State.
SAN DIEGO COUNTY
My Commission Expires Aug. lo, 1985 •
CORPORATION FORM
STATE OF
County of }.ss
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
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.
�hl Witness WI)treof,1 have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
for said Count and State.
Notary Public in and Y
® 472 0
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NW CORNER OF
' ANN-0-RENO NE/4 OF SW.V4 OLIVE
LANE • TREE LN.
POWAY ROAD R. S. 944 t
tel I
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P. M. 6505 I •
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20' 128.50', -I
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PM. 6506 • 4 1, Q
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PAR.3 PAR 4
ItJ MW 74- OF SW%¢ / O� NEY4. OF SW/4
20 W h '
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• SECT/ON /8
T. /4 S. R. / W. N
V d i i
/... INDICATES WATER
LINE EASEMENT •
Project: SEYMOUR LINE EXTENSION
•
References: PLAT C.A.N. 5D-P03-228-100
• of easements required by the R/W #. 309396-R I
. City of Poway Tax Par. 323. 270- 36
Bala Efolricicrino corporation Base Ma p 2 I
Sca 1'e: I it= 200' 1=21 consuttino enotneers I arcnitects Date: SEPT. 14, 19 511
•f ; •
•• • 473
CERTIFICATE OF ACCEPTANCE
I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC SEPVTrES
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 Sept. 15, 1981
from Donald F . Cubbage and Celia C. Cubbage
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: Sept. 15, 1981 CITY OF POWAY
BY: k1(2 ,
Robert W. Messner,
Acting Director of Public Service
(D.P.S . 4-81) •
•,� �Ti��+ HUN': 1. 51 `9 • ® 82 - 052986
'AND MU'! _ !N;ii;i•ANCE COMPANY
n= : E Dii —I'
• RECEIVED or ica! ;;s,c. ,,s
;2.5;171:i'21::
rj,.,:,_i'! Cr,.!I
RECORDING REQUESTED BYI.RECORDER:Please rdnenocharge MAR11 1982 13' 13
THE CITY OF POWAY for recording the att-
ached instrument. It
VERA L. : :'Lc
Is being recorded In CITY OF POWAY CO!iNTY RPt'r'.I t�,
WHEN RECORDED MAIL TO: cannealonwen y tra. CLERK'S OFFICE ....
ernmental Agency tra. CITY `"'
nsa<tion.
THE CITY OF POWAY .
Public Services Dept. ORtglwa1 . N Ctzt. 0ev'ii50FPiee
P.O. BOX 785
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POWAY, CALIFORNIA
92064 • THIS SPACE FOR RECORDERS' USE NO FEE
$4" /?`.:5-:5-2--(7
SUBORDINATION AGREEMENT '
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated
August 31, 1972 , recorded in the nffir.e of the County Recorder of San Diego
County September 11, 1977 File No. 241085 , and as owner and holder of the
obligations thereby secured does hereby make subject and subordinate the liens thereof
to the Easement granted by Donald F . and Celia C. Cubbage _
to THE CITY OF POWAY, it being understood and agreed that foreclosure of said Deed of
Trust shall not affect, defeat or render invalid any rights under and by virtue of
said easement, and said easement shall be paramount and superior to the rights of
any purchaser under a foreclosure of said Deed of Trust.
Said easement was recorded September 17, 1981File No. 81-296928 and affects
the real property described in said Deed of Trust.
The undersigned Beneficiary of said Deed of Trust declares and acknowledges that it
hereby intentionally waives, relinquishes, and subordinates the priorities and •
superiorities of the lien and charge of said Deed of Trust uponthe land described
therein in favor of said easement, and that it understands that in reliance upon and
in consideration of this waiver, relinquishment, and subordination specific monetary
. and other obligations will be entered .into by Third Parties which would not be made)
or entered into but for said reliance and the execution by Beneficiary of this waiver,
,, relinquishment, and subordination.
'Dated: JANUARY 19,1982 BENEFICIARY: IMPERIAL SAVINGS ANDILOAN
. AS-SOCIATION OF THE SOUTH
R/W No. 309396-R ,
•'Exc. No. 8 /�
Project: Seymour Ext . •=
(Sudan Road) • ,L kz<
By: I
S I. : ./J .>.•T
B y: ' ei a- .s!r—/� A�+-��E-sL� i
NOTE: ALL SIGNATURES MUST BE ACKNOWLEDGED
NOTARIES: Use proper form attached ARACFLT R LABR$nnR,AcRTSTANT
SECRETARY
or staple appropriate
. form thereto.
STATE OF CALIFORNIA }SS 1 J
COUNTY OF San Diego
ON JANUARY---IA , 19...az before me, the
undersigned,a Notary Public in and for said County and State, personally appeared
LOUISE PARKS,VICE PRESIDENT
: • -�+ U• i FIC WL SEAL `f
. e 1 KAREN LEEDOWERS
AND ARACELI R. LABRADOR, ASSISTANT SECRETARY
d RuL.HI IU LiC • CAL. O.!i•
`c •�,' PIUNCIi'At UFnCE In J known to me to be the person who executed the within instrument on behalf of the
f ' Corporation therein named, and acknowledged to me that such Corporation exc-
1 =-• SAN DIECO CUUi:TY �
f yy*;•.�.tiw;,.,,,,n.1 1:minholon res▪ arn••r i t�,vs,•uNovemte: 30. 1:34 ' cuted the within instrument pursuant to its By-laws or a Resolution of its Board of
Directors. /
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�/ <' . - 7:..r.. f ,- '
CORPORATION ACKNOWLEDGMENT Notary's Signature - - • • r'• :
Manager or Officer
Para,No. is Type or Print Notary's Name
KAREN LEE BOWERS
Or staple appLupr-laL.e
. form thereto. i
f
caVAMODATIO11 FILWNli_ . 1517 7 ® 2 - 0 5 2 9 5
AND TITLE INSURANCE COMPANY IN
LC RECv 0 +
• OFr ILIAL CCi n
p OF ::i (.! I
�, �;, � RECEIVE :.. .._ . .,'^ r
RECORDING REQUESTED BY: !S`t FEB 2b M ;u: 13
MAR 11 1982
THE' CITY OF POWAY i CUi!'?�i:' Iarr!�t(:_r
CITY OF POWAY _„�;
WHEN RECORDED MAIL TO: . C
CITY
CLERK'S OFFICE
RECORDER: ' I
THE CITY OF POWAY PleamMake nocharge �NYIGSO�FfCP�
BS to, recording the alt• • OR 190441 ( N Citi P.O. BOX II`}S ached instrument. It f\ '1 1 1
Is being recorded In
POWAY, CALIFORNIA connection with a Gov-
ernmental Agency Ira- THIS SPACE FOR RECORDERS USE I EE
naoetlan.
92064 -
SUBORDI.NATION AGREEMENT
FOR VALUE RECEIVED the T_ecordednin the Office. ofBeneficiary
theunder
CountyDeed
RecorderroftSantDiego,hc
September 8, 1971 _ as e d a^.n holder SeEL-fll et 2'x . 9 File No._ —}_ Z�B `L `n:
obingy hereby ]
Donald F . and Celia C Cubbage_
obligations thereby secured does a eby make sub 'ect and subordinate the liens thereof
• to the Easement granted by
to •THE CITY OF POWAY, it being understood,and agreed that foreclosure of said Deed of .
rights under and by virtue of
T
defeat or render invalid any g r,;irt� of
saidait aseme not affect,di • _ , , paramount a..' „up=iO
easement, and said 'easemeai shall '%'= .
any purchaser under a foreclosure of said Deed of Trust81-296928 and affects
September 171981Fi1e No.
• Said easement was recorded-------=,P
the real property described in said Deed of Trust. , .
relinquishes, and subordinates the priorities and
The undersigned Beneficiary of saidd Deed of Trust declares and acknowledges that it
hereby cities of the eee, the land described
superiorities of the lien and charge of said Deed of Trust upon
J therein in favor of said easement, and that it understands that in reliance upon and
in consideration of -this waiver, relinquishment, and
Psubordinationwspecific
monetab
and other obligations will be et:te_ed into by Beneficiaryhwould
of this waiver,
or entered into but for said reliance and the execution by
relinquishment, and subordination. SECURITY PACIFIC _
BENEFICIARY: NATIONAL BANK
-ti Dated:
R!':! No. 309396-R
Exc. No. 11 _ •
• Project:I,i
eymour Ext .
By / 4 __--2_,__,.2-
3
Suoan Road). /
1 / [.moi
BY''-. -- r12--1--2
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(+OTE: ALL SIC:h\TURES MUST BE ACKNOULEDGED _
l� '.=e-- '_c'
NOTARIES: Use proper form attached
or staple appropriate
form thereto.
STATE OF CALIFORNIA - "`
COUNTY OF San Diego } SS.
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t. On January 18, 1982 JJ J 1 �t
before me, the undersigned, a Notary Public in and for said State, personally appeared
William J.. Tanner
known to me to be the Vice President,and L. Fletcher
known tome to be thcAsst. Vice President
executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the association therein
ofthe SECURITY PACIFIC NATIONAL RANK, the association that
named, and acknowledged to me that such association executed the same. and.,
ck
within Instrument pursuant to its by-laws or a resolution of its board of directorsttowledgcd to me that such association esenne<Ithe.
• WITNESS my hand and official seal.
(Seal) n`t.:�,`.^-.:..^^ew;;r; �•- .s Ace,
i.
e, i
-l-:r'• -, :r'. �. ,. _;fi :,` ThC+r c �Q1
,.j `••�. !:••- -"- i; (A` ary Public-PS Signature
I.
•1 ft G:mm�ssion Symtes fviar. C. ISJ
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030874 8.77*25 Ps Bank Officer's Notarial tarid Aa4nowl�dOm*nt