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Grant of Easement Sewer Lines & Appurtenances 1994-0398763 999 O'~" ~ 1994-0398763 23~JUH-1994 08132 AM OFFICIAL RECORDS SAM DIEGO COUHTY RECORDER'S OFFICE GREGORY snITH. COUNTY RECORDER FEES' 0.00 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA.92064 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: No transfer tax due APN 275-795-34 GRANT OF EASEMENT (SEWER LINE AND APPURTENANCES) CITY OF POWAY, California Corporation (hereinafter "GRANTOR") hereby grants to the POW A Y UNIFIED SCHOOL DISTRICT (hereinafter "GRANTEE"), its successors, or assigns, the following described sewer easement 10 feet in width, in, upon, over, under and across the lands described below to erect, construct, reconstruct, replace, repair, maintain, and use a sewer pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including, but not limited to, facilities for power transmission and communication 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 GRANTEE'S right-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: See attached legal description marked Exhibit "A" and plat marked Exhibit "B" and made a part herewith. GRANTOR, it's heirs, successors and assigns shall not erect or construct or permit to be erected or constructed any building, structure or improvement or plant any tree or trees or plant any other vegetation or flora within said easement without the express written approval of the GRANTEE as evidenced by the signature of the Director of Engineering Services on an approved plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. 1000 GRANTEE, may use all gates and fences which, now or later, cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. 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 the existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying additional compensation to GRANTOR or GR.ANTOR'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 it's terms. IN WITNESS WHEREOF, the GRANTOR has executed this Grant of Easement this ? day of N-~/"tA."';U , 19 ,~ . / ~~ City of Poway Mark Weston, City Engineer IN,JfTNESS WHEREOF, the GRANTEE has accepted this Grant of Easement this day of June, 1994. ~ ~o~ant Superintendent Poway Unified School District CALIFORNIA ALL.PURPOSE AC!lNOWLEDGMENT 1001'- No.S193 OPTIONAL SECTION . THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUME~.!UL,.;/' ~ t15 (;-d' ~ THE DOCUMENT DESCRIBED AT RIGHT: ,d ...., c .I , NUMBEROFPAGES-'Y - DATE OF DOCUMENT=--7-?'y - Though the data requested here is not required by law, .-A II ___ A it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ./' r~ ALL.PURPOSE ACKNOWLEDGMENT } ~ '. Sfafeol County or-S'fLn ~ onctl- 9- fq before me, DATE NAIITLEOF OFFI ER-E.G.,"JA personally appeared~ iJM .qJ NAME(S) OF SIGNER(S) C" o personally known to me to be the person~ whose name~~are- subscribed to the within instrument and ac- knowledged to me th~ executed the same in ~hll,/II'6;,~thorized capacity~, and that by is ,,,,/II,lIil signature~on the instrument the person~ or the entity upon behalf of which the person~acted, executed the instrument. OFRCIALSEAl tlARIE LOFTON Notory PUbllc-Callfornlo SAN DIEGO COUNTY My Commission ExpIres April 26. 1994 WITNESS my hand and official seal. ~b%-/~~ SIGNATURE OF NOTARY .' State of California } County of San Dielro OnJune 14 ,1994 before me, OATE Susan K. Kirchner, a notary public NAME, TiTlE OF OFFICER. E.G., . JANE DOE, NOTARY PUBLIC. personally appeared Albert J. Abbott NAME(S) OF SIGNER(S) rn personally known to me - OR - 0 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 acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behatt of which the person(s) acted, executed the instrument. M70DI Susan K. Kircl;ner ~ . NOTARY PUBLIC CAL~":ORNIAO : SAt~ DIEGO COUNTY _My ;o:m _EI(~r.~Ja~: 8:..'~ t - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) TITLE(S) o PARTNER(S) D LIMITED o GENERAL D ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) No. 5179 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER(S) TJTLE(S) o PARTNER(S) D LIMITED D GENERAL o ATTORNEY~N-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR rn OTHER: Assist. Superintendent SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI1Y(IES) Poway Unified School District W~e~y"hand ~n~~1. ~ SIGNATURE OF NOTARV ATTENTION NOTARY: Although the infonnation requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized doaJment. THIS CERTIFICATE Title or Type of Document Grant of Easement MUST BE ATTACHED Number of Pages four Date of Document February 2, 1994 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Aboye Mark Weston, City En~neer @1992NATK>NAlNOTARYASSOCIATION.8236RemmetAve..P.O.Box 7184 -Canoga Park, CA 91304-7184 1002 EXHIBIT A LEGAL DESCRIPTION: A 10 Foot Wide Strip of Land Within Lot D of City of Poway Tract 4093-R According to Map 11396 Filed in the Office of the County Recorder of San Diego County on December 19, 1985, the Centerline of Said Strip Being Parallel and 1 5 Feet Northwesterly From the SOl,ltheasterly Property Line Thereof. --- . ~ I""'" -, , , ,. . .:-- ,_/ EXHIBIT B / .- " ,-- 1 Jv.... / , -'- ", '~~ - /\ ( 'I' /'-- , 1\ '\ 1\.'1 /_~ \ \ -' \ ~ ~ ~ ,~ " {)Q, "'~ LOT D N NT::' ....-, ,. '" I "" I...... !-_'.....J SEWER EASEMENT IN lOT D OF CITY OF POWAY TRACT 4093-R ACCORDING TO MAP 11396 , . ---.....-.- ------- \ 1 '" '\ -, /.-, \ ,,-- '\ 1 \ ... I I \ , I .....", - ......./ "3 "'",\-<:> I:) 6\ 4 ' ~1: -z. f?:J7.S-Z' t-I g~O-40'Eb" Eo 1003 '" / /