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Grant of Easement Sewer Lines & Appurtenances 1994-0109603 OOCUMENTARYTRANSFER TAX' '~~ ... GRANT OF EASEMENT ~ (SEWER LINES & APPURTENANCES RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF PO WAY P.O. BOX 789 POWAY, CA 92074 Tax Parcel No. 314-650-12 1971 DOC .( 1994-0109603 17-FEB-1994 08=19 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS. COUNTY RECOROER FEES: O. 00 ) ) ) ) ) ) ) ) ) ) (For Recorder's Use Only) '- Donna M. Shafer. Trustee of the Shafer Familv Trust Aqreement (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: That portion of the Northeast Quarter of the Southeast Quarter of Section I, Township 14 South, Range 2 West, San Bernardino Base and Meridian in the County of San Diego, State of California, described as follows: Commencing at the Northeast Corner of the Northeast Quarter of the Southeast Quarter of said Section I; thence South 1001'00" East along the East line thereof to an intersection with the Southerly line of the Northerly 361.48 feet of said Northeast Quarter of the Southeast Quarter, being the True Point of Beginning; thence North 89011'17" West along said Southerly line, 204.52 feet; thence South 1001'00" East, 20.00 feet; thence South 89011'17" East, 204.52 feet; thence North 1001'00" West, 20.00 feet to the True Point of Beginning; thence South 1001'00" East 213.21 feet; thence North 89011'17" West 20.00 feet; thence North 1001'00" West 213.21 feet; thence South 89011'17" East 20.00 feet of the True Point of Beginning. 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. 1972 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. 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. I~ WITNESS WHEREOF, the GRANTOR has executed this Easement this !,::!O lJ QJ1. b e.r , 19..:l3... iff~A-1A- ~~ I ,13: day of ThilIs to certify t_at the interest in real proper" ."''')'~~ by the deed Of ~;ant dated 11_11- f:3rrom ;O~ '1J1. .$;~ totheCi'>> of Powsy, a politi:.' corporation andlor govern"'enteI1lgenc~ is hereby accepted by the undersigned oflicer or age"! M he half of the City Council pursuant to authority conTtlffed by Rmlution No. 34 adopted on January 20, 1~81 BOO the grantee consents to recordeti~n thereof by i~ dUlY iuthorized officer. Donna M. Shafer ,~~~~ (Signatures must be notarized) DOl: 1!.N'Jir By K~IU>o-t:..., 1973 San Uiego ~~~ Bank@J 1'1) /113 beloreme, L7~L. Cotte.... s ha-FP(:: (Officer Name & Title) , K' ACKNOWLEDGEMENT STATE OF CALIFORNIA 0 . COUNTY OF "",)i1.A I ~ l:> } 85. On tJo u ~ ~ personally appeared ---.Cb t'I IIa o ':; 01 > c <r 8 w <r ! f .-wPVuRslly IiRS..R te "'8 (or proved to me on the basis of satisfactory evidence) to be he person"" whose name(sj Isfare subscribed to the within Instrument and ac. knowledged to me thaU>elsh8lti'tey-executed the same InJIisIh..J!rlthelr authorized capaclty(188t, and that by..bilJfier/tt'tetr'slgnaturejafon the Instr ment the persorU>>r." or the entity upon behalf of wfiTCh the person,(afacted, exec the Instrument. WITNESS m d offici a . 7. K' t;: w c I <) z <i m (This area for offlclel seal) Slgnatur ATTENTION NOTARY: The following information ia not mandatory, _ It cou d t fraudulant anachman' of this certlflcats to another docu1: THIS CERTIFICATE MUST BE ATTACHED Title or Type 01 Document Gffi/L-t 0+ ~1<r4.J..1 ~r1 TO THE OOCUMENT DESCRIBED AT RIGHT: Total Number of Pages ;::;t Date of Document _~ _ -"'13 MI5-45 (Rev. 1/93) Slgner(s) Other Than Named Above