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Grant of Easement Sewer Lines & Appurtenances 1995-0116007 RECORDING REQUESTED BY; Dca " 1995-0116007 21-MAR-1995 08156 AM ) ) ) ) AND WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) ) CITY OF POWAY li}61 OfFICIAL RECORDS SAIl DIEGO COONTY RECORDER'S OFFICE GREGORY SnITH, CDUHTY RECORDER FEES. 0.00 HA CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No transfer tax due Tax Parcel No. 314-651-02 (This SDace for Recorder's Use) NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT (SEWER LINES & APPURTENANCES) .. .... t:r-;;.- "-"T''"''''f'':"''~'{'''r:::''i~'l~ _ !'H"r"'\ ,~', .' -, Glen E. Wadleigh and Frances M. Wadleigh (hereinafter "GRANTOR") hereby grants to 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 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 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 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: A portion of the Southwest Quarter of the Southeast Quarter of Section 1, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey. GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to be erected or constructed any building, structure or improvement or plant any tree or trees or plant any other vegetation or flora within said 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. 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 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 obtaining the prior written consent of GRANTEE. 1962 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 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. I~ 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 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. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this of /171"/ Rul , 1995. d /4 - day This is to certify tUt the inteml in real property It)fi',. YIW by tile deed or Iflllt dated ~-J'Hs lroll1 (; Ie-,.. f. VJwHel'1l- * FV""" (h. W"J~1J- to tile Ci.!J 01 POWIJ, a poIit/ceI corporation and/or IJ1I8IRmentat agency is hereby ICC8PIed by the undeniRAed officer Of agent on be- hall 01 the City Council pursuant to authority conlarred by Resolution No. 34 aclopted on JanualY 20, 1981 and the graAtee consents to rec:ordation thereol by its duly 8IIthoriZId officer. (,~d1;,f tJ~ Fb~wa~gh ?J~ (Signatures must be notarized. Notary form attached.) I Datad: o-\'.~'" By )n~'k ~~ \ ) CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT No. 5907 State of ~ County of M~J.Jf _ On m~~ / 1; / f 7',)" before me, t6 ~ DATE NAME, TITLE OF OFFICER .., "JA personally appeared ,~ e, a-rJ YNnutP4 m. tu~-L~'.f) NAME(S)OFS~ o personally known to me - OR - ~ proved to me on the ~~ of satisfactory~idence to be the Perso~hose nam~ i@ subscribed to the within instru nt and ac- knowledged to me that !they xecuted the same in Ris/Rsr their authorized capacity(ies), and that by Ai6/RO~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J........... ...... ..... ..... ..... ... - ..... A ..... ..... ..... ~ ~~'" VIVIAN MAC ZIS I "t./, ~ 1'1:, COMM. #1=3/ ,\;- -.HI':, NotOty PubUc - California f \ ..;,"'*,~i:l;' . SAN ~EGO COUNTY .... , y.,.~ MyComm. ExpjresSEP21.19981 "".,... ~ ~ .... .... .... .... .... .... .... .... .... .... WITNESS my hand and official seal. ~ .. - //:J a-,. J 4'0 SIGNATURE OF NOTA~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER &DIVIDUALS o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TlTLE(S) ~if~r TITJ OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER; NUMBER OF PAGES /nCv1.-t'h ) If: / 99. ~ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Im~I~~l&~,~~~~~y 350 W 9.h ........u.. fKO"d.do, (1IIi'.rn,. 92025 Tel.phon. (619) 7.11-9921 1964 JOB NO LEGAL DEaCRIPTION FO..: BY DATE SHEET 1199 EXHIBIT "A" SEWER EASEMENT CHK'D, 12-23-94 1 of 1 An easement for Ingress and Egress for the construction and maintenance of sewer mains and appurtenances over, under, along and across that portion of the Southwest 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, described as follows: Beginning at the Northeast corner of Midland Estates, Unit No.1, according to Map thereof No. 6383, filed in 1he Office of the County Recorder of said County on June 10, 1969; thence parallel with the East line of said Southwest Quarter of the Southeast Quarter North 00019'40" West, 260.38 feet; thence at right angles North 89040'20" East, 20.00 feet to said East line of said Quarter- Quarter; thence along said East line South 00019'40" East, 260.00 feet to the Easterly prolongation of the Northerly line of said Map No. 6383; thence leaving said East line along said prolongation South 88035'01" West, 20.02 feet to the Point of Beginning. This legal description and plat attached hereto and made a part of this document were prepared by me or under my direction. "'h...cc~. 0. ('<-&-_1 ..L___5::~,-~~~.J_ Francis W. Fitzpatrick L. S. 4539 License expires Sept. 30, 1998 Wadleigh/314-65l-02 COMPANY DE.C"I~TfON TITLE co. REFERENCE OADI:R NO. DATE BY REVISIONS DATE PLAT TO IllUSTRATE INGRESS AND EGRESS EASEMENT PO Fi 8 vV -J) /j, 8E -J) /} 8E c-rJ ON -J -r ~ -J /j, 8 ~ i) J'L 2 W~ 8~B"jYL N88'3S'01"E 20.02' -J JyJJDLAND Es-r J\ -rES UNJ-r NOJ J lyJJ\P N OJ 6383 ? ~ ~) o 19~~ N89'40'20"E b tJ 20.00' --- ---- ---- 1----- \ \ z ,.., \ : ~ I ; ~ \ ; \ ~ ' \ ~(f) ~ $ ,.., \ ~ \'1 ". \ ~ III , ". <( CD CC 'b I w :t ~ \ o z I \ \ \ I I I I I [ I I "! o <D ~ , U III CD ~ 'b '<t 0) ~ b o z '-I' ~ ,.., III CD cC o Q , CD "I' ,.., , ~ ---- ---- ---- o '<t II - ~ , ~ --- ~ , [0 , CD r~ iJ.