Grant of Easement Sewer Lines & Appurtenances 1995-0116007
RECORDING REQUESTED BY;
Dca " 1995-0116007
21-MAR-1995 08156 AM
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AND WHEN RECORDED MAIL TO: )
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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)
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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.
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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
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