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
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(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 ,~ .
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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
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'. 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.
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EXHIBIT B
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LOT D
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SEWER EASEMENT IN lOT D OF
CITY OF POWAY TRACT 4093-R
ACCORDING TO MAP 11396
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