Grant of Easement Sewer Lines & Appurtenances 1994-0136360
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 7B9
POWAY, CA 92074
Tax Parcel No. 314-650-19
>306
r~[ " 1994-0136360
01-MAR-1994 09:20 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
. COUHTY RECORDER
FEES: O. 00
)
)
)
)
)\
)
)
)
)
)
(For Recorder's Use Onlv)
---
DOCUMENTARY TRANSFER TAX S >~ -_ ..
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES
"
John and Marilyn Polcyn.Husband and Wife as Joint Tenants (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its
successors, or assigns, the following described easement for a right of way 20
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 sewer line 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 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:
The Easterly 20.00 feet of Parcel 3 in the County of San Diego, State of
California, as shown at Page 4755 of Parcel Maps, filed in the Office of the
County Recorder of San Diego County, May 20, 1976.
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or
permit to erect or construct, any building, structure or improvement on, over
or under any portion of the easement, nor shall GRANTOR, its heirs,
successors, or assigns, plant any tree or trees or plant any other vegetation
or flora, 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.
307
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or
grant dated 1\)-.;;2."j-'13 from -:::Sok t \l'\euv-;L.,,, roiLy'"
to the City of Poway, a political corporation and/or governmental agency is
hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34 adopted on January
20, 19B1, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated:
'?'-l'?-'1L.\
By: 'rn~ !.( i\)~ t:...
~
308
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
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.
Liens\easeont
0IhI\; 6? It! ~ '1 c.j
.
"r':';\~; ...:w~yed
JOhnPolcvn and MarUm E.
~WITNESS WHEREOF, the GRANTOR has executed
r>~/'-kl , 19.:lZ.
RI''''''!:ltbn I'>~", ~ t ' j \"
(Signatures must be notarized)
g '. ."~ consents to Ie
oUice! .
ALL..PURPOS. ACKNOWLEDGMENT
S\ateof ~,~\~ f.
n l 309
( County of:::-" 9\1'1 D \t>S 0 J
! On \a(2J1{q~ beforeme,Micnele Everson, i~otary Puotic
OATE NAME TITlE OF OFflCER. E,G.. "JANE DQE.NOTAP:V PIJ8UC"
personally appeared 00\\f\J IV\. *- M!\ii\\\J ~ . rO \~I\J
NAME/S! OF SK'tERfS)
o personally known to me . OR . ~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~y executed
I @ MICHELE L. EVERSON I the same in his/he~utho~
f= -. COMM.1956146 ~ capacity(ies), and that by his/h~
() . .. ., NOTARY PUBLIC _ CALIFORNIA ~ slgnature(s) on the Instrument\he person(s),
CJ1 " SAN DIEGO COUNTY IIJ orthe entity uponbehaltotwhichtheperson(s)
. My Comm. E_ Feb. 10. 1996 I acted. executed the instrument.
\:;:c~~
SIGNATURE OF NOTARV
-
-
NO ...
CAPACITY CLAIMED BY SIGNER
~INDIVIDUAl(SI
o CORPORATE
OFFICER(S)
TITLE!S)
o PARTNER(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME Of PERSON!SI OR ENTTTVllESI
ATTENTION IIOfARY: AlII>OUgn..........-. -..- os O~L.;e .....~-- ~9!f!!' -- '" u..........-.mom
THIS CERTIFICATE Title or Type of Document ~ c!L{ e J~
MUST BE ATTACHED ",
TO THE DOCUMENT Number of Pages Date of Document \ D 1- Cj '13
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ~
'I:
01.' NATl:lNALNOT.urr AlKCATICIN.a:a......... -P.o... n...ClftlClehrIL. CA 1131)1..1'"