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Grant of Easement Sewer Lines & Appurtenances 1995-0267504 RECORDING REQUESTED B.. ) ) ) ) AND WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) ) 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: HA " "f. i ',oj II....." (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 offiar, t DIted: (p - i'-t - ,\S fly .\ 1v~t... . -.. --..--------.- -_.._._--~ -~_.~-_._-- .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 I - - 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 ~~>'k /f":< 'i) IJNfl S,;:<;" #,(::. ;{t~~!":,, ff{~/v:>~'- ~~n$~ f '"-' ~ c.) '-", I' I ~.::- ls, 4539 =" .. "" ! ','h ~-? ~? .:;: I F'/,~J ~ c,. . c--.. k ! \\ v' -;. / .' , \, ,r, 9'~.'78/ ,; . " .., ."':.......".~-,-, ,.' ,)1 (' '\" Rios/314-650-36 COMPANY DESCRIPTION TITLE CO. REFERENCE ORDER NO. JDATE I BV REVISIONS r DATE I PLAT TO IllUSTRATE SEWER EASEMENT lEGAL DESCRIPTION / / / / / / / / / o V II ..... I ~ N88'42'1 'S'W w --' <( u en 13.99' N.W. 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