Grant of Easement Sewer Lines & Appurtenances 1994-0109598
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
1954
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oor << 1994-0109598
17-1 _B-1994 08=19 AM
OfFICIAL RECORDS
SAN DIEGO COUNTY RECOROER'S OFFICE
ANNETTE EVANS, COUNTY RECOROER
FEES' O. 00
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
(For Recorder's Use Only)
Tax Parcel No. 314-650-14. 15
It:1c:uMeNTARY TRANSFER TAX ,.- t!
"
GRANT OF EASEMENT
SEWER LINES & APPURTENANCES
Joseph Z. Czarzasty. Trustee of the Joseph Z. Czarzasty Trust Aqreement dated
Aoril 19. 1988. (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 Northerly 20.00 feet of the Westerly 203.61 feet of the Southerly
213.94 feet of the Northerly 574.69 feet 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.
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
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._--~-_.__.- .-----.-
1955
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 oyer 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,
proYided 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 ~Ca
:'\:iAl"Ao~Y ,19~.
day of
This is to certify I_at the interest in rail pm;!ft"t1 """i<{
by the deed or grant dated/-~w- 99'from
2.
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// c:/:;7:/
; "Josevh Z. Czarzasty
to tMU'f
f Poway. > political C<)r~ljratio and/ r /11)".rnmpnI81 ".atlCj
is hereby 3':Ce,JIed bj t~e undersigned offico, or agent on ho-
half of the City Council pursuant to aethori'jl cor;:","':' '..'1
Resolution 1'4.0. 34 adopt(l1 on jer.!!3r/ 2u. :%; ",\l 1;';.~
gp:mte~ consents tc recordatic.1 thereof b~ !~S 1b;Y a[j~\,cr: ..:i
oflifOhs\easemnt
(Signatures must be notarized)
Dated: <5?/~-9Y/
~'Lk1\1Wc
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CALlF(.. 'NIA ALL.PURPOSE ACKNOWLEDGMENT
No 5193
State of CALIFORNIA J - OPTIONAL SECTION -
SAN DIEGO 1956 CAPACITY CLAIMED BY SIGNER
Cou nty 01 " Though statute does not require the Notary to
till in the data below, doing so may prove
On 1/26/94 before me. ALICIA CORDOVA invaluable to persons relying on the document.
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC. , o INDIVIDUAL
JOSEPH Z CZARZASTY o CORPORATE OFFICER(S)
personally appeared NAME(S) OF SIGNER{S} .
TITLE(S}
o personally known to me - OR -Ej proved to me on the basis of satisfactory evidence o PARTNER(S) 0 LIMITED
to be the person(s) whose name(s) is/are o GENERAL
subscribed to the within instrument and ac- o ATTORNEY-IN-FACT
knowledged to me that he/she/they executed o TRUSTEE(S)
the same in his/her/their authorized o GUARDIAN/CONSERVATOR
~ capacity(ies), and that by his/her/their o OTHER:
MO~~$EAI- signature(s) on the instrument the person(s).
-~_. or the entity upon behalf of which the
~......_c-roa person(s) acted, executed the instrument.
.~.' sHt~27.,_ SIGNER IS REPRESENTING:
-:/0- " 1If~ WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES)
~b.(--(~ (ba0z~
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT GRANT OF EASEMENT SEWER LINES & APPURTENAN E:
THE DOCUMENT DESCRIBED AT RIGHT: TWO NONE
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law, NONE
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
S
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184