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
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(For Recorder's Use Only)
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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
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(Signatures must be notarized)
DOl: 1!.N'Jir
By
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1973
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA 0 .
COUNTY OF "",)i1.A I ~ l:>
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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 .
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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