Grant of Easement Sewer Lines & Appurtenances 1995-0267504
RECORDING REQUESTED B..
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AND WHEN RECORDED MAIL TO: )
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CITY OF POWAY
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No transfer tax due
Tax Parcel No. 314-650-36
-JC g 1995-~._~7504
27-JUN-1995 ~ AM
361
OF~ICIAL RECDRDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES:
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(This SDace for Recorder's Use)
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES)
Sylvia C. Rios, Trustee for First Security Mortgage (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:
Parcel 1, in the City of Poway, County of San Diego, State of
California, according to Parcel Map thereof No. 11020, filed in the
Office of the County Recorder of said County on February 26, 1981.
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.
362
GRANTEE may at any t iI.._ increase its use of the easeme..., change the 1 ocat ion
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 I NESS WHEREOF, the GRANTOR has executed this Easement this /~jLt- day
of , 1995.
B
(Signature must be notarized. Notary
form attached.)
This is to certify tUt the inttfest in luI property fUR':;Jtd
by the deed 01 arlllt daItd l. -\ ~ -45. 5'11 vi... ~.
'Rios J 1'n...d"te "'IIIIQr
of Pony, . poIltJcII QIIJIOIIIian aadlor ....... ...,
II hen!br ICaIIII6 '" !be un.......... olficlr or 'lint III !If.
l1li1 '" 1M CIIr Clune" ptIIIUIIIt III IItI\IIaIIU _1~1.d "
ItelalIIIiIII No. 34 adopted on JanUIIJ 20, 1181 lid tile
"",-"IIrtC*'" il1iiioi by III. ....II1II
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.CALlFORNIA ALL.PURPO~.:. ACKNOWLEDGMENT
363
State of California
County of San Diego
On
June 13. 1995
Date
before me, Anthony Francis Rios , Notary Public
Name and Tille 01 Officer (e,g., "Jane Doe, Notary Public")
personally appeared
Sylvia C. Rios ----------__________________________
Name(s) of Signer(s)
I.XI personally known to me -9R-EJ-provedto-lT1e'1)n-lhe 1:,&0;0 of-satistactory-evide to be the person(1i)
whose name~fe'SubsCribed to the within instrument
and acknowledged to me that11e@they-executed the
same in i'tis@ti'leil"authorized capacityties), and that by
~F-signature~) on the instrument the person~,
or the entity upon behalf of which the person~ acted,
executed the instrument.
1- - - - - ~~~. ~f
1-8 OOMM.#ICRU I
........,......... - CallanD _
!IAN DIEGO COUNIY
J _ _ _ _~~.~._~Y2!,~~1
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Grant of Easement
Document Date:
June 13, 1995
Number of Pages:
2
Signer(s) Other Than Named Above:
None -------------------______________________
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Sylvia C. Rios
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
iJQ Trustee
o Guardian or Conservator
o Other:
.
Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association. 6236 RemmetAve., P.O. Box 7164. Canoga Park, CA 91309-7164
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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ImEI ~~~f~~~~~~~~~.~.. (619) 741-99"
364
JOB NO.
LEGAL DESCRIPTION P'OR:
BV
DATE 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 Parcel 1 in the City of Poway, County of San Diego, State
of California, according to Parcel Map thereof No. 11020, filed in the Office of the County
Recorder of said County on February 26, 1981, 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 Southwest corner of said Parcell; thence along the South line of said
Parcel 1 South 88040'14" East, 241.85 feet to the beginning of the herein described centerline;
thence leaving said South line along said centerline North 17021'00" East, 49,85 feet to the
beginning of a tangent 1200.00 foot radius curve concave Southeasterly; thence Northeasterly
along the arc of said curve through a central angle of 6051'00" a distance of 143.47 feet; thence
tangent to said curve North 24012'00" East, 80.73 feet to the North line of said Parcell, said
point bears North 88042'13" West, 13.99 feet from the Northeast corner of said Parcell.
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
South line of said Parcel I and terminate in the North line of said Parcel 1.
This legal description and plat attached hereto and made a part of this document were
prepared by me or under my direction.
t::. ..,'", 0. ~~
Francis W. Fitzpatrick L. S. 4539
License expires Sept. 30, 1998
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COMPANY
DESCRIPTION
TITLE CO.
REFERENCE
ORDER NO.
JDATE
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REVISIONS
r DATE
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PLAT TO IllUSTRATE
SEWER EASEMENT
lEGAL DESCRIPTION
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