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Grant of Easement 1981-335969 r -• -ACCOMMODATION*�h� zz26 81 -. 335969 FILE/PAGE NO. BOOK ?381 CORDED REQUEST OF /IJ RECORDING REQUESTED BY: REOgReER. RE:_ C W I v u -'anti Elide JytSuUY[Ince V0, CITY OF POWAY Please make no charge Oct 23 9 45 AR X81 for rec:iding the .tt. NOV 5 1981 ached Instrument. It OFFICIAL RECORDS AND WHEN RECORDED MAIL T B being recorded In SAN DIEGO COUNTY.CA 'connection with a Gov r1TY OF POWAY ernmental Agency trot 1 VERA L. LYLE NAME City of Poway "section' RECORDER STREET • ADDRESS 12324 Oak Knoll Road CITY Poway STATE California ZIP 92064 This space for Recorder's use NO FEE Title Order No. 325526-R NO DOCUMENTARY TRANSFER TAX NO FEB Tax Parcel No. 121 -200-17 • GRANT OF EASEMENT • R. VICTOR VENBERG, Trustee under Declaration of Trust dated August 25, 1978 (hereinafter "GRANTOR") hereby grants to Ci ty of Poway • (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 30.00 I ' { 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, uplIn, • • 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. 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: The South Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the United States Government Survey, approved February 24, 1876. EXCEPTING therefrom any portion lying within Espola Road and Poway Road. Also EXCEPTING therefrom any portion lying within Range View Estates Unit No. 1 and Range View Estates Unit No. 2, according to Map Nos. 7381 and 7652, respectively. Also EXCEPTING that portion lying Southeasterly of the Northwesterly line of Poway Road Also EXCEPTING that portion lying Easterly of the Westerly line of Espola Road. • • • e °16 /41-;719141.4- • t:. Ls. toe,. NO . ___ , ® 2227 •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 of 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 he 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 all . 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. (, 1111 Witness Jean , he GRA' :• as executed this Easement this day of -17-1‘.1.L , 19-4-1---. J / Witness. � rv4• s/per /inn -zzfG ar = • • l Wib(ess. R/IY No. 325526-R DRAWN BY •• CHECKED BY • ACCT. NO. SD-P03-252-06 DATE February 16, 1981/mb I BEC(C)—11/11/(80) ® . 2223 410 EXHIBIT "A" • All that portion of the Northeast Quarter of the Southeast Quarter of Section 7, Township 14 South, Range 1 West, San Bernardino Meridian, in the - City of Poway, County of San Diego, State of California, according to the United States Government Survey approved February 24, 1876, included within a strip of land 30.00 feet of even width, the Northerly & Easterly line of said 30.00 foot wide strip of land being described as .follows: • Beginning at a point on the Westerly line of said Northeast Quarter of the Southeast Quarter, distant thereon South 0°04'20" West 300.00 feet from the Northwest corner of said Northeast Quarter of the •Southeast Quarter; thence South 89°55'40" East 713.17 feet to a line drawn parallel with, and distant 15.00 feet Easterly, measured at right angles, from the Easterly line of that certain 140.00 foot wide strip of land as described in Final Judgement and Decree in Condemnation, filed in the Office of the County Recorder of said San Diego County November 17, 1949, in Book 3389, Page 324 of Official Records; thence along said parallel line, South 7°41 '50" West 206.29 feet to the Northwesterly 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. • • • • • R/W No. 325526-R • 2229. • • PARTNERSHIP FORM STATE OF )ss County of 1 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 one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. 3111 Witness Wined, 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.._ Cc_A �r'r''�t County of t,ti.'>.S.-.1�. 1 �'4 }ss 5C On this Ox1 day of A.D., 19.$1., before me C4.0.vs.4.1x 1. ot"yvtt+ t1, a Notary Public i nd for ed County tuyhl Stale, residing therein, duly commissioned and sworn, per onally appeared .r.... •.I:..A.C?.1' 'e lti R s t-q personally known to me to be the person whose name ' `�'- subscribed to the within Instrument, and dal}' acknowledged to me that he executed the same. 3111 Witness //Thereof, I have hereunto set my hand and affixed my offic': ,eal the day and year in this certificate first above written. OFFICIAL SEAL lad rU VROMAN J. DORMAN •' ��+ � y'�' �^"•- AOIARY PUBLIC -CALIFORNIA Notary Public in , for said County and State. Panpipe!Office in San Oiege County thr'. Aly Commission Exp.Feb.4,1984 CORPORATION FORM STATE OF County of 1 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. Jill Witness MOW, 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. . . . _. . 40 4110 ) , • 2230 - • . • - - SECT/ON 7 T. 145., R. / W . . Tr\ (r) • . • . o . - .• t•-• .• '3> NW COR. Of NE 74 .•'. . OF 56.4 op 88c.7 .• . . : . .•• I .• . -3> • • . • • : 1 .• C3 • : . .• ! . . . . , .• : .• . . : .• _ . .• o .• • i '5;?'° o : . : . o : : o . . . en : : • , . : . • ; . . , • : . . 7 , • : 1 -\'•'•'N\-\\`NC\\\\\'.‘'NV‘'•\\\\\\W‘‘I N\> ' \ • . • .-------- . •• \S• . . •::. i /5' • % : ----- . • . i o i • .N . . i : I . : (4) . o - • ! 1 . i • . • 0 NC) • * 0 . . . • . : : 117., NE Y-4t or SE 4. .i f:Lt.i 9°44N .51 PO. :to :0 • . . . .. : . ..4.11 . : . 1 Et• • . 1,.. ------/ 1;k N: /gto:co .... • . l'--REc. its----------*..-L_________" "VW . . ii • : at: OW /94 : , 3389 ,,,G 9, • .324 0 ,F. r41 I . . / • '‘C‘• N... INDICATES WATER LINE EASEMENT i - , . i Project: ASSESSMENT DISTRICT 79- / • • I 1 . References : PLAT C.A.N.SD PO3-250'961 of easements required by the R/W 11 325526-R I City of-Poway • . Tax Par. 321- 200-371 Base Map 2 I Saga ErtarlennI1 COrtirlar - • • Date: FES. 16, 1931 I Scale. / n 200 consuming anainaate I mcnitact• I 0 231 CERTIFICATE OF ACCEPTANCE I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC SRRVTCRg 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 July 21, 1981 from R. Victor Venberg, Trustee under Declaration of • Trust dated August 25, 1978 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: Oct. 9, 1981 CITY OF POWAY • By : aU€//' �ilA-dullL Robert W. Meissner, . Acting Director of Public Service (D.P .S . 4-81) • k • 7'„``T t ' C 'E 1 • ...... VV ~ % v * p O N az ' � _ • r h�* ‘Na '• 'Ws plat t• !�past at! to leesttas tour • 00 �. rte• n C ia ! 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