Grant of Easement Sewer Lines & Appurtenances 1994-0109599
RECORDING REQUESTED BY:
CITY OF POWA Y
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
Tax Parcel No. 314-650-13
1957
DOC ~ 1994-0109599
17-F~d-1994 08=19 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EUAHS. COUHTY RECORDER
FEES: O. 00
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(For Recorder's Use Onlv)
DOCUMENTARY TRANSFER TAX -0-
GRANT OF EASEMENT
(SEWER LINES . APPURTENANCES
Tso Chena Fan and Wana Su-Jen Fan. 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:
That portion of the Northeast Quarter of the Southeast Quarter of Section 1,
Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to the United States
Government Survey, 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 of
Said Section 1, to an intersection with the Southerly line of the Northerly
361.48 feet of said Northeast Quarter of the Southeast Quarter; thence North
89011'17" West along said Southerly line 204.52 feet to the True Point of
Beginning; thence continuing North 89011'17" West along said Southerly line
254.39 feet; thence South 01001'00" East 20.00 feet; thence South 89'11'17"
East 254.39 feet; thence North 01001'00" West 20.00 feet to 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.
1958
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.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 2.~o day of
N()\J ,19~.
I@~~n...
IAN DIEGO COUNIY
Comm. &pINe MAllMo ... )"
Too Cheng Fan
(Signatures must be notarized)
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of ePl L\ FtI ~.\I A.
WITNESS my hand and official seal.
-=1Y\CV\4-?' ~~
SIGNAT~E OF NOTARY ~
OPTIONAL SECTION
TITLE OR TYPE OF OOCUMENT 'S Eu\F- R A("( ""So"; """,,<;1'; "-1F""T
NUMBER OF PAGES \ OATE OF OOCUMENT I \ ;l. -q ~
SIGNER(S) OTHER THAN NAMED ABOVE ,,"0 CTHEIC. 51 f,L)Ff'
}
19'59
County of SA. \ \.h F ,-"
On
\ \-;l.-"I~
DATE
before me,
\...\A.fC:' ~ D'Ir=. \..,\"...",2:; PuBI .C
NAME, TITLE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC.
personally appeared
\="'N.l!.\i>I,,-,>f~ :'\\),11":1-.) E rAN. TSo r~EtJ(~
, NAME(S) OF SIGNER(S) .
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/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Ie MMl'E DIll
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MHDBIO~
____.MM__
~
- OPTIONAL SECTION ...
CAPACITY CLAIMED BY SIGN!:.
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
~ INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o AITORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES}
THIS CERTIFICATE MUST BE AITACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
19GO
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or
grant dated //-!:2- 93 from ~ ~,0.J ~
to the City of Poway, a politica corpor ion and or govern ntal a ncy 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, 1981, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: ~-/</-7q'
By:
~ ~~-+c
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
MUlE OF NOTARY MAR'j f-. D'{ Ie"
DATE COM"ISION EXPIRES f'r\M!.... :J.i, 1"14L,.
COUNTY WHERE BOND IS l"ILED SA", \)\~(,D
COIUIISSION NO.
q lPl'1 lD~1
KANUrACTURER/VENDOR NO. I~ IY'l R \
PLACE OF EXECUTION
'SAtJ T->I~ (,,0 c-"U!J1 'i DATE 1\- ,;z-c; :,__
NAME!n~ k:' ;1Ut4--'" -L I ~ 1+<1 of KWO-i
SIGNATURE AND rIRM