Grant of Easement Water and/or Sewer Lines & Appurtenances 1995-0041943
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RECORDING REQUESTED BY:
CITY OF POWA Y
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DOC U 1995-0041943
31-JAH-1995 08=18 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OfFICE
GREGORY SmH, COUNTY RECORDER
FEES: O. 00
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
Tax Parcel No. 273-820-12
(For Recorder's Use Onlv)
GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
Martin and Susan L. McNabb. Husband and Wife. as Joint Tenants. (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY, (herei nafter "GRANTEE"), its
successors, or assigns, the following described easement for a right of way
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 sewer purposes, together wil such fixtures and
appurtenances, 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 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:
All that portion of Lot 1, in Section 26, Township 13 South, Range 2
West, San Bernardino Meridian, in the County of San Diego, State of
California, according to official Plat thereof, as more particularity
described on the description attached herewith and made a part hereof
marked as Exhibit "A" consisting of 1 page. Said Easement of Right-of-
Way in the aforesaid lands is particularly described as follows: See
Exhibit "B," 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 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 or 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
997
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 be 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 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.
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
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has executed thi s Easement thi s '" day of
This is Ie eettify t_at the interest in real ,roperty cmw.18d
by tilt _ 111I11III dated \ -(" . 'I~ from iY\...vh h f
'Sus,,- me 10Mb kltlltl'i.lJ
of Poway. a poIitfcal corporation and/or &IMII1Imem.I 8IIIICJ
is hereby accepted by the undersigned offiC8f or _ Oft be-
half of the City Council pursuant to authority Cllllfa1td .,
Re30lutiOll No. 34 adopted on JanualY 20, I!I8I IIMI the
grantee consents to recot'datio,) thereof by its duly aullloriDld
officer.
1!-~;rrc4
.
(Signatures must be notarized)
Dated: I ~ J-- 'J "to,
By
k1UaA.J1. 1<:.
CALIFORNIA ALL-PURPOSr:. ACKNOWLEDGMENT
No. 5907
State of (a I;-tomiq
County of bo. t\ Oi 7:Jl'>
On -:s;.n'--la(tT~1 1~9S- before me, ~()ni;:~TI~~~~b1~~~~~ED~~!viuB!<Jbl;L
personally appeared Ma(-lin Mc.Nabb ancl 5'qSQI\ L.. McNabb
NAME(S) OF SIGNER(S)
!)! personally known to me - OR - D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)-islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in Rio/lgeF/their authorized
capacity(ies), and that by his/hE'r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
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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
~ INDIVIDUAL
tJ CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
~(Qn+ of eqs~me()+
TITLE OR TYPE OF DOCUMENT
D PARTNER(S)
D LIMITED
D GENERAL
'"
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
":JQ.nlJCLr"t 0) ICfq~
DATE 0 DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(tES)
Non e.
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA 91309-7184
999
EXHIBIT .. A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 273-820-12
VESTING: MARTIN AND SUSAN L. MC NABB
ALL THAT PORTION OF LOT 1, IN SECTION 26, TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THAT LIES WITHIN THE
LAND DESCRIBED AS PARCEL 1 IN CORPORATION GRANT DEED TO MARTIN
AND SUSAN L. MC NABB RECORDED SEPTEMBER 9, 1983 AS DOCUMENT NO.
83-320972 OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID MC NABB LAND: THENCE
ALONG THE WESTERLY LINE THEREOF SOUTH 10'22'22" WEST 221.88 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 79'37'
38" EAST 17.00 FEET; THENCE SOUTH 00'27'05" 58.59 FEET THE THE SOUTHERLY
LINE OF SAID MCNABB LAND; THENCE ALONG SAID SOUTHERLY LINE NORTH 89'
32'55" WEST 27.51 FEET; THENCE ALONG THE AFOREMENTIONED WESTERLY LINE
NORTH 10' 22'22" EAST 62.46 FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 1,337 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY
DIRECTION.
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3997
Page 1 of 1
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LOCA TlON
EXHIBIT "B"
1000
POINT OF
COMMENCEMENT
N 88.45'59' W
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DENOTES EASEMENT
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AREA = 1337 SQ. FT.
DATA SHOWN HEREON
IS DERIVED FROM RECORD SOURCES
UNE DIRECTION DISTANCE
L1 N 10.2222 E 62.46
L2 S 79.3738 E 17.00
L3 S 00.27 05 W 58.59
L4 N 89.3255 W 27.51
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ESPOLA RD.
OLD ESPOLA RD.
VICINITY MAP
CITY OF POWAY
EASEMENT PLAT
A.P.N.
VESTING:
Right-af-Way Engineering Services, Inc.
Land Surveying
2125 EI Camina Real Ste. 210 Oceanside. CA 92054
(619) 757-4443 ACAD FNAME: MCNABB.DWG
273-820-12 SUSAN & MAR~N MC NABB
DRAWN: M.J.G. DATE: 10/11/94 SHEET: 1 OF 1