Grant of Easement Sewer Lines & Appurtenances 1994-0109602
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
Tax Parcel No. 314-650-23
1968
DOC r-1994-0109602
17-FEB-1994 08=19 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EUAHS, COUHTY RECORDER
FEES: O. 00
)
)
)
)
)
)
)
)
)
)
(For Recorder's Use Only)
DOCUMENTARY TRANSFER TAX $ U .
GRANT OF EASEMENT
(SEWER LINES i APPURTENANCES
.
Patrick A. Montova and Consuelo B. Montova. 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 of Parcel Map No. 4756 in the City of
Poway, County of San Diego, State of California, according to map thereof
filed in the Office of the County Recorder of San Diego County May 20, 1976 as
File No. 76-153395 of Official Records.
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.
1969
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.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~~ day of
-NaKl""b.r ,19~.
Patrick A. Montoya and
This Is to certify tlt.t the intereS: in rea; p",p'r" ."w."J
II} the deed 0, grant dated.iL~;2g-4:%or. .
~... ~",O.J) ~4,::jothelJ~N
of ro",~v, a poirti:al corporation and/or gu omental agency
is horebi accepted bi t~e undelSigned of:icer. cr agent on be-
halt of the City Council pursuant to authonlY conferred by
Re<solution No. 3-4 adopted on January 2.0, 19B! and the
grantee consents to recorda:ion there'Jf by itS d~ly authorized
officer.
Consuelo B. Montoya
(Signatures must be notarized)
l ienS\ease%2t /:; r;
. ~ J<.I - 7
~1!~L
!Iy U
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
personally appeared . \--\orl<.or , HO nb
NA ) OF SIGNER(S)
o personally known to me . O~roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i@
subscribed to the within instrument and ac.
knowledged to me that he/sh~executed
the same in his/h~ authorized
capacity(ies), and thar-trYhis/he(7ti1e1T)
signature(s) on the instrument the persOnrsf.
or the entity upon behalf of which the
person(s) acted, executed the instrument.
State of (\ r> D i~}'t'Y1 I /L)
o.
County Of(:'TIr>f)ie&o
On~I;.,\I, :2::1" \ 0,<:1:'3 before me,
DATE
SNWfJ"OallONl II
1IImiIIV-.'!>OUIIINA'
r~~l:i~-
MY COllI. ExP. SEPT .. 1t17 I
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by taw,
it could prevent fraudulent reattachment of this form.
}
1970
,Ar-,1fT\"'~ Q.o(Y\N'\Q0<; r-~~
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTAR BUC"
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
i~uable to persons relying on the dOOJment.
~INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTION " ^
TITLE OR TYPE OF DOCUMENT (.?rn(T\"",.,.r ~~-
NUMBER OF PAGES 2- DATE OF DOCUMENT l).;;US J q3
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONAlNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184