Grant of Easement Sewer Lines & Appurtenances 1995-0315450
AND WHEN RECORDED MAIL TO:
C ITV CLERK
CITY OF POWAV
P.O, BOX 789
POWAY, CA 92074
1557
nqC # 1995-0315450
2~-JUL-1995 08=38 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: O. 00
NA
RECORDING REQUESTED r~
CITY OF POWAY
'\
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I
No transfer tax due
APN 314-650-26
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES)
Leonora P. Thomas (hereinafter "GRANTOR") hereby grants to the CITY OF POWAY
(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 in Exhibit "A", to construct, reconstruct, replace,
repair, maintain, and use a pipeline or pipelines for any and all purposes,
together with such fixtures and appurtenances, at such locations and
elevations, upon, along, over and under the right-of-way described in Exhibit
"A" 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, within the limits of the easement.
The land encompassing this easement is situated in the City of Poway, County
of San Diego, State of California, and is more particularly described as
follows, to wit:
The North 500.00 feet of the West 480.00 feet of the South 23 Acres of
the Northwest Quarter of the Southeast Quarter of Section I, Township 14
South, Range 2 West, San Bernardino Meridian, in the City of Poway,
County of San Diego, State of California, according to United States
Government Survey approved September II, 1879,
GRANTOR, its heirs, successors and assigns shall not erect or construct or
permit to be erected or constructed, any building or structure within the 20
foot easement or plant any tree or trees or plant any other vegetation or
flora within the 12 foot wide maintenance road installed in the said 20 foot
wide easement without the express written approval of the City of poway as
evidenced by the signature of the Director of Engineering Services on an
approved plan. GRANTOR, its heirs, successors and assigns shall not dig or
drill any hole or wells on any portion of the easement without prior written
consent of Grantee.
GRANTEE may use all gates and fences which, now, or later, cross any portion
of the easement, GRANTEE shall also be entitled to trim, cut, or clear away
or remove any trees, brush, or other vegetation or flora within the 12 foot
maintenance road from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under,
or over this easement without the prior written consent of GRANTEE.
1558
GRANTEE, may at any time 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 determine 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 described 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.
The Grantor retains the right of usage of the said 20 foot wide easement for
use as ingress or egress and may construct driveways within said easement. The
granting of this easement results in no reduction in net acreage for
calculating developable land use.
The Grantee will install four sanitary sewer wyes and laterals to the edge of
the easement at no cost to the Grantor.
In the event of any dispute involving this Agreement, whether or not
litigation is commenced, or if any arbitration proceeding, administrative
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 authority to make this
determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant
this easement in accordance with its terms,
the GRANTOR has executed this easement this
, 1995.
-Ii
//;1= day
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.... 0 < p '.?l<l
nora~ '1t'l"as
(Signature must be notarized.
Notary form attached.)
This is to certifyt~8I the interest in IN! prQjJtlt, ~n,...,ed
lit the deed or &III/iditOl! 1 -14 -'1<; ...... Le.. h ,,..... p
I~~) ...tIIt~
01 POWIy, I poIit~;aI QIIIIOIItioIIIIICI/Gr ...-III...,
is ItIrtbJ 1CcepIICI_1he ........_ officer Dr ...........
hIIf of the CIty CouIIeH ptIIUnt Ie I/ItIIorIIy confer!ed _
R..I. No. 34 IdaOtad 011 JIftIlllJ 20, 1981 and tile
IIIII!W CllllIIfttS \D ,eCONItien lheteof by .. *'t1Utllorlad
officIr.
~~-~"-'I
t ~ DONALOM. EVANS
,.-' COMM. # 1029<197 z
i :"~~'. ~, Notory PubUc - California t-
2 . .t~....' LOS ANGELES COUNTY ~
I .... My Camm. Expires JUN 12. 19%;
_ __ ..... ..... ..... ..,. _ ..... .... ..... .... - ..... 'lp'i,
lilted: l-,3,I-'1S
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. "M_.._____, .__. __
. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1559
No. 5907
State of t:'!,4 L / /::- O.IP 1/// fi
County of ..?c7 <; 4Jt1'5dUfJ
On c/UL-Y /~ /"5" before me,P#I1/A'iob,l/5E/~~(f ,(k-.d'.h~/(,
DATE . NAME, TITLE OF OFFICER _ E.G_. "JANE DOE, NOTARY PUBLIC"
personally appeared L6();VtJ'/l-1l /J. 7//</11/''/3
NAME(S) OF SIGNER(S)
o personally known to me - OR - % proved to me on the basis of satisfactory evidence
to be the person.(.gJ whose name~~,Lare
subscribed to the within instrument and ac-
knowledged to me that 1:Ie@JP/1ftey executed
the same in J:H.s@P'.tI:I-eir authorized
capacity~, and that by R+s@~r
signature(8f on the instrument the perso~,
or the entity upon behalf of which the
person(.s1 acted, executed the instrument.
~ ~ ~t
t - ~ . . . - - . - ~ - WITNESS my hand and official seal.
(i) DONAlD M. EVANS
. - COMM. # 1029<197 z ~ ~
=< _ "..' . ~ - NotOlV Public - Califamio ~ ~ ~
~ ' .!.--...' LOS ANGELES COUNTY . ~
J .,..~. My Comm. Exp;resJUN 12. 1998( . SIGNATURE OF NOTARY
- - ~ - ~ - - ~ - ~ ~ - ~ ~
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
Iraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITV(IES}
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Im~1 ~t~~l~~~~~~~~~.~". (619) 7M9"
15\30
JOB NO.
LEGAL DESCRIPTION FOR:
BY
DATIE:
SHEET
1199
EXHIBIT "A" SEWER EASEMENT
CHK'D.
10-13-94
1 of 1
An easement for the installation and maintenance of sewer mains and appurtenances over,
under, along and across that portion of the North 500.00 feet of the West 480.00 feet of the
South 23 Acres of the Northeast Quarter of the Southeast Quarter of Section 1, Township 14
South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State
of California, according to United States Government Survey approved September 11, 1879,
that lies within the following described strip of land:
A 20.00 foot wide strip of land lying 10.00 feet each side of and parallel with the following
described centerline:
Commencing at the Northwest corner of Parcel 1 of Parcel Map No. 11020 filed in the Office of
the County Recorder of said County on February 26, 1981; thence along the North line of said
Parcell South 88042'13" East, 342.16 feet to the beginning of the herein described centerline;
thence leaving said North line along said centerline North 24012'00" East, 300.00 feet; thence
North 20053'00" East, 33.52 feet to the West line of Parcel 1 of Parcel Map No. 10528, filed in
the Office of the County Recorder of said County on October 2, 1980, said point bears South
0020'35" East, 188.83 feet from the Northwest corner of said Parcel 1.
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
North line of Parcel 1 of Parcel Map No. 11020 and tenninate in the West line of Parcel 1 of
Parcel Map No. 10528.
This legal description and plat attached hereto and made a part of this document were
prepared by me or under my direction.
~"~~L~~_~___________
Francis W. Fitzpa ick L. S. 4539
License expires Sept. 30, 1998
ThomasI314-650-26
COMPANY
DESCRIfI'TION
TITL.E CO.
REFERENCE ORDER NO.
DATE
BY
REVISIONS
DATE
PLAT TO ILLUSTRATE
SEWER EASEMENT
LEGAL DESCRIPTION
NORTHWEST COR
PARCEL 1 P.M. 10528
NOO'20'35"W
188.83'
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