Grant of Easement Sewer Lines & Appurtenances 1995-0041942
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.RECORDING REQUESTED BY:
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AND WHEN RECORDED MAIL TO: )
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No transfer tax due )
Tax Parcel No. 314-650-14 & 15
CITY OF POWAY
990
DOC D 1995-0041942
31-~AH-1995 08=18 AM
IJFFICIAl RECORDS
SAIl DIEGO COOI/TY RECORDER'S OFFICE
GRE6IIRY SIIITH. COIItTY RECtllDER
FEES. 0.00
,
3:
l
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92064
(This SDace for Recorder's Use)
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES)
Joseph Z. Czarzasty (hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(herei nafter "GRANTEE") its successors, or ass i gns, the foll owi ng descri bed
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 in:
EXHIBIT "A" ATTACHED.
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.
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 Deyond the easement 991
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 has executed this Easement this .7;- day
of T~^"I"'1H111 ,1995.
f~~l{j:;taftf
(Signature must be notarized. Notary
form attached.)
Tbis is to certify t~at the interest in real W1_C;ty f.1i1 . ."~
bytht deed or grant dated l-J.5>-'\S fmm~
1.-. c'z.:..V':2.",,,t'j ttltheCi,ry
of Poway, a pol~i:aI COfIJ'Jla\ion and/or fIOvernmental agency
is hereby accepted by the undersigned officer or agent on be-
half of the CHI (,JUncil pursuant to authority conferred '"
Resolutic.c ",. :'4 adt!pted on January 20. 1981 and the
grantee C"":.<.1tS '0 recordation thereof by its duly autborized
officer.
Dated:
1-,;).. 5-'1 'S
. n,Cj i"~-L
CAI.,IFORNIA ALL.PURPOS.. ACKNOWLEDGMENT
No. 5907
State of ~
County of A'L.... iJA.Lr
On ~ ,;75": If 9. r before me, t!.
(J ~ATE I
personally appeared "'2..-. C
I\ME(S) 0 IGNER(S)
D personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person"{sj, whose nameW islate.
subscribed to the within instrument and ac-
knowledged to me that he1::;I,e,'{1=19.y executed
the same in his7'heliHHJir authorized
capacity'(te-sj.,... and that by his/her/thoir
signature~on the instrument the persort(s).,.,
or the entity upon behalf of which the
person~acted, executed the instrument.
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z ~ MNIBOCOUNIV -
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WITNESS my hand and official seal.
t!u~/ fl~ ;& ___~
SIGNATURE of'l'il TARY
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
:eJ INDIVIDUAL
tJ CORPORATE OFFICER
DESCRIPTIDN DF ATTACHED DOCUMENT
TITLE(S)
~L~NT
D PARTNER(S)
D LIMITED
D GENERAL
s-
NUMBER OF PAGES
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
/- Q S>"l.s--
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S} OR ENTITY(IES}
{}
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remme1 Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
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993
JOB NO.
LEGAL De:.CRIPTION "Oft:
BY
DATE SHEET
1199
EXHIBIT "A" SEWER EASEMENT
CHK'D.
12-22-94 1 of 2
An easement for the installation and maintenance of sewer mains and appurtenances over,
under, along and across that portion 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, described as follows:
PARCEL 1
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. 10528, filed in the Office of
the County Recorder of said County on October 2, 1980; thence along the North line of said
Parcel Map No. 10528 South 88039'57" East, 72.55 feet to the True Point of Beginning; Thence
leaving said North line along the herein described centerline North 20053'00" East, 81.18 feet
to an angle point; thence continuing along said centerline North 86015'00" East, 82.99 feet to a
point herein designated and hereafter referred to as Point "A"; thence continuing along said
centerline North, 27.52 feet to the beginning of a 250.00 foot radius curve concave Easterly;
thence continuing along said centerline Northerly along the arc of said curve through a central
angle of 23055'15" a distance of 104.38 feet to an intersection with the North line of land
described in deed recorded August 11, 1988 at File/Page No. 88-395838, Book 1988 of Official
Records
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
North line of said Parcel Map No. 10528 and terminate in the North line of said deed recorded
Augus1 11, 1988.
COMPANY
DESCRIPTION
TITLE co.
REFERENCE
IOROER NO.
I DATI!
BY
REVISIONS
DATE
Im~1 !~~~l~~~~~~~~~.~". '0'" 7M."
994
JOB NO.
LEGAL DE.CRI~TIO'" "'0'"
BV
DATE
SHEET
1199
EXHIBIT "A" SEWER EASEMENT
CHK'O.
12-22-94
2 of 2
PARCEL 2
A 20.00 foot wide strip of land lying 10.00 feet each side of and parallel with the
following described centerline:
Beginning at Point "A" described in Parcel 1 above;
slrip of land South 13050'11" East, 86.89 feet to the
Parcel Map No. 10528.
thence along the centerline of said
North line of the above described
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin
in 1he Southerly and Easterly sidelines of said strip of land described in Parcel 1 above
and terminate in the North line of said 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.
Czarzasty 1314-650-14& 15
COMPANY
DESCRIPTION
TITLE CO.
REFERENCE
ORDER NO.
DATE
BV
REVISIONS
DATE
o
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PLAT TO ILLUSTRATE
SEWER EASEMENT
LEGAL DESCRIPTION
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