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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'"