Grant of Easement Water Lines & Appurtenances 1994-0679437
CITY OF POWAY
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[~: I 1994-0679437
2B-HDU-1994 Oal09 AM
ImCIAl RE1DDS
SMI DIE60 CIOIIY RECIJIID'S IJFICE
6REGIIIY SlUTH, aum RECIeER
fEESl 0. 00
HA
RECORDING REQUESTED B~.
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O, BOX 789
POWAY, CA 92074
No transfer tax due
APN 275-794-23
GRANT OF EASEMENT
(WATER LINE & APPURTENANCES)
Rooer S, Movers and Karen E. Movers (hereinafter "GRANTOR") hereby grants to the
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following
described easement for a right-of-way 15,00 feet in width, in, upon, over, under
and across the lands described below, to erect, construct, reconstruct, replace,
repair, maintain, and use a pi pel ine or pi pel ines for any and all purposes,
together with such fixtures and appurtenances, including but not 1 imited to,
facilities for power transmission and communication purposes, 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 ri ghts-of-way situated in adjacent 1 ands, wi thout any addit i ona 1
compensation therefor,
The land encompassing this easement is situated in the City of Poway, County of
San Diego, State of California, and is more particularly described as follows,
to wit:
LOT "A" OF GREEN VALLEY ESTATES UNIT NO, 12, MAP NO, 4934 RECORDED ON
MARCH 21, 1962 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO,
Said easement of right-of-way in the aforesaid land is particularly described as
follows:
THE NORTHEASTERLY 15,00 FEET THEREOF,
(See attached Exhibit "A" which is 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 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,
1506
. GRANTEE may use all gates and fences which, now, or latlO, , 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 the prior written consent of GRANTEE.
GRANTEE, may at anytime increase its use of the easement, change the location of
pi pe 1 i nes or other facil it i es wi thi n the boundari es of the easement ri ght-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 al so 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 exi st i ng ground el evat ions 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 ~HEREOF, the GRANTOR has executed this easement this
of A/ol/{,M !M.,r- , 1994,
It
day
This is to certify that the interest in real property',. '.'
bJlhe deed or grant dated II -l '? -1 ~ from ~1~ s.
f'r)&"I~ ~.( k...y(.j., ~.II1."'1~t0t!!er:\,
of Poway, a polit:.cal corporation andler f""mmf.~::i ~.;~,1cy
is hereby accepted by the ""~e"i2rJd oHic~r ,,?ge:,t r-n be-
half (;If th~ Cits C~unrd ~1.:r~.IJ::'t b ,", ~i:Qr:ti (''jt!fc~ad by
Resolution rJr:. ?l ?t'c;>t;:j Gri )C!}i"urj 21.1, lSDl cmd the
grantee con,ents to recordation thereof by its duly authorized
officer.
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(Signatures must be notarized. Notary
form attached,)
Dated:
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By
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15.00 FEET WIDE WATER LINE EASEMENT.
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WATER LINE EASEMENT IN LOT A,
GREEN VALLEY ESTATES UNIT NO. 12,
MAP NO. 4934
EXHffiIT "A"
CALIFORNIA ALL-PURPOSE Ar---NOWLEDGMENT
13tateof (14i~ ,
County of J./L+- [) J , i ,.,
//" J
On I'un;, / ~/7'9'5"before me ~ ---:h-7ou<_'--.2.A--'L /;7~ ,
DATE . NAME, TlTlEOF~. E.G.~ DOE;NUTARY PUBLIC" r;r
personally appeared RI-4VJJ. 7JJ~ ~ -t-' ~, f'. 7J1 ~AA-" ,
--,-- -,- NAME(S) Of SIGNEII(S) -r
o 1"'1~..all~ "',~"'IR te m~ OR Wproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)~
subscribed to the within instrum nt and ac-
knowledged to me that ey xecuted
the same in heir uthorized
capaclty(ies), and that y ~ls.'''erlfF\eii)
signature(s) on the instrument the persOii(S),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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-@ COMM."1CIIfD1 I
$ ,,.. ...... NIle - CoMo.,....
! MNDROCCUNIY-
J ~ ~ ~ ~~~~_~21~1~ J
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here Is not required by law,
It could prevent fraudulent reattachment of this form.
}
WITNESS my hand and official seal.
~
1508
No.5t~
- OPTIONAL SECTION_
CAPACITY CLAIMED BY SIGNER
Though sta1ute does not requim the NoWy to
fill in the data below, doing SO may prove
invaluable to persons relying on the doament.
o INOIVIDUAL
o CORPORATE OFFICER(S}
1TIlE(S)
O.PARTNER(S) 0 UMITED
o GENERAL
o ATTORNEY-IN"FACT
o TRUSTEE(S)
o GUAROIANICONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EN1TTY(IES)
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT ~-d..f.~~-;~
NUMBER OF PAGES 3 OATEoF'f;'OCUMENT~ /1';/'1'9,y
SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-71&::!
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5193
State of
County of
On
before me,
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBUC"
DATE
personally appeared
}
NAME(S) OF SIGNER(S)
o personally known to me - OR " 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTlACATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
- OPTIONAL SECTION_
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
Invaluable to persons relying on the document.
o INOIVIDUAL
o CORPORATE OFFICER(S)
TlTLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUAROIANlCON"SERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
b coutd pre~ ""lIdulent ....ttachment of this fonn. SIGNER(S} OTHER THAN NAMED ABOVE