Grant of Easement Sewer Purposes 1993-0445349
CITY CLERK
CITY OF POW A Y
P.O. BOX 789
Poway, CA. 92074
542
DL~ U 1993-0445349
13-JUL-1993 09:07 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECDROER'S OFFICE
AHHETTE EVANS, COUNTY RECORDER
FEES: 0.00
HA
. Recording Requested by and
when recorded mail to:
Recording Fee: Exempt
(Government Code - Section 6103)
\
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT OF EASEMENf
SEWER PURPOSES
Documentary Transfer Tax: Exempt (Revenue & Taxation Code - Section 11922)
Assessor's Parcel Number: 317-251-31
POW A Y REDEVELOPMENT AGENCY
(hereinafter called "GRANTOR") hereby GRANTS to THE CITY OF POWAY, (hereinafter called
"GRANTEE"), its, successors, or assigns, the fDllDwing described easement for a right of way (20,00 feet
in width) in, upon, over, under and across the lands described below, to erect, construct, reconstruct,
replace, repair, maintain, and use a pipeline Dr pipelines from any and all purposes, together with such
fixtures and appurtenances, including but nDt limited to, facilities fDr power transmissiDn and cDmmunicatiDn
purposes, at such locations and elevatiDns, upDn, alDng, over and under the right of way described belDw
as GRANTEE may nDw Dr hereafter determine in its sole discretiDn without any additional compensation
therefDr, together with the right of ingress and egress frDm the easement by a practical route Dr routes in,
upDn, Dver, or across the land described belDw, tDgether with the right to use this easement fDr access tD
GRANTEE's rights of way situated in adjacent land, withDut any additiDnal cDmpensation therefDr.
The land encompassing this easement is situated in the City Df PDway, County of San DiegD, State of
California, and is more particularly described as fDllDWS:
SEE EXHIBIT A, attached hereto and made a part hereof
GRANTOR, its heirs, succeSSDrs, and assigns, shall not erect Dr construct Dr permit tD be erected or
cDnstructed, any building, structure or improvement Dn, over or under any portiDn of the easement, nDr shall
GRANTOR, its heirs, successDrs, Dr assigns, plant any tree or trees or plant any Dther vegetatiDn or flDra,
nDr dig or drill any hole Dr wells on any pDrtion of the easement.
GRANTEE may, in its sDle discretiDn, erect, maintain, Dr use gates in all fences which nDW crDSS or later
crDSS any pDrtiDn Df the easement, GRANTEE shall alSD be entitled tD trim, cut, Dr clear away any trees,
brush, or Dther vegetatiDn Dr flora from time tD time as GRANTEE determines in its sDle discretiDn without
any additiDnal cDmpensation,
543
GRANTEE shall be entitled tD partition, assign, joint venture, or share all or any portiDn of this easement
with any other public agency or utility including, but not limited tD, any agency supplying water or sewer
services Dr facilities tD the public as GRANTEE may determine in its sole discretion without paying any
additiDnal compensatiDn to GRANTOR or GRANTOR's heirs, successors, Dr assigns, therefDr.
GRANTOR agrees that nD other easement or easements shall be granted on, under, or Dver this easement
without obtaining the prior written consent Df GRANTEE.
GRANTEE may at any time increase its use of the easement, change the 10catiDn of pipelines or other
facilities within the boundaries of the easement right of way, or modify the size of existing pipelines or other
imprDvements as it may determine in its sole discretiDn frDm time tD time withDut paying any additional
compensation to GRANTOR or GRANTOR"s heirs, succeSSDrs, or assigns, prDvided GRANTEE does not
expand its use of the easement beyond the easement boundaries described herein.
It is also understDod and agreed by the parties that the GRANTOR and the GRANTOR'S heirs,
successors, Dr assigns, shall not increase or decrease Dr permit to be increased Dr decreased the existing
ground elevation of the herein described easement which exists at the time this document is executed withDut
obtaining the prior written consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not litigatiDn is cDmmenced, Dr if any
arbitration proceeding, administrative proceeding or litigatiDn in law or in equity, including an actiDn fDr
declaratory relief, is bought to enfDrce of interpret the prDvision Dr performance Df this easement, the
prevailing party shall be entitled tD an award of all attDrney's fees and the CDStS Df 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 tD grant this easement in
accordance its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement.
Dated: 1 - (., - "\ ~
POW A Y REDEVELOPMENT AGENCY
~:-J, ""..i
I\~Y
By)n
/v~
. Bowersox Marjor~e ahlsten
ve Director of Redevelopment I
POWAY RED,AGENCY
Page 2 of 3
ALL.P.URPOSE ACKNOWLEDcr"ENT
..:. --
Stateof'~)A.t..4t<"A , }
County o~ JL.r .
On 7- (p - 9 5 before me, ~
CATE NAME. TITLE OF OFFICER. E,G.. "JANE ,NOTARY PUBUC.
personally appeared f~ d ..t3~ vi- ~ tJ~
I NAME(S)OFSIGNER~
o personally known to me OR 0 I3f8vea te l+1e eR t"! aaGis of satislaelllFY 9'.'ia9I1ce
to be the persor@ whose name~ is@
subscribed to the within instrument and ac,
knowledged to me that he/sh executed
the same in his/her eir authori d
capacit~. and that by his/he heir
signatur~n the instrument the perso s
or the entity upon behalf of which the perso
acted, executed the instrument.
Witness my hand and Dfficial seal.
544
NO 209
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL(S)
o CORPORATE
OFFICER(S)
TfTLE(S)
o PARTNER(S)
o ATTORNEY.IN,FACT
o TRUSTEE(S)
o SUBSCRIBING WiTNESS
o GUARDIAN/CONSERVATOR
o OTHER:
OffiCIAL SEAL
tv".ARlE LOFTON
Notary P\JbIlc-Callfomla
SAN DIEGO COUNTY
MyCammlsslon Explres
AprI26,1994
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~ ~l/;f#-/
SIGNATU E OF NOTARY
ATTENTION NOTARY: Anhough the information requested below is OPTlONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Documenty'UJo-/ cf7~- ~
MUST BE ATTACHED Number of Pages _ d . Date of Document ?_ ~ - Y'3
TO THE DOCUMENT :;z::... - -
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
This is to certify that the interest in the real property conveyed by this deed dated :r u '- 'I (., I I "i <j ~
from POW A Y REDEVELOPMENT AGENCY to the City of Poway, a political corporation and/or
governmental agency 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.
Date: 1- (,-"\~
By:
1"J fA.p, ---c...-
POWAY RED, AGENCY
page 3 of 3
ExmBIT A
545
LEGAL DESCRIPTION
That portion of the Southeast Quarter of the Southwest Quarter of Section 23, Township 14 South,
Range 2 West, San Bernardino Meridian, in the City of Poway, CDunty of San Diego, State of
California, according to United States Government Survey, conveyed to the Poway
Redevelopment Agency by deed recorded May 31, 1991 as Document No. 91-0255604 of Official
Records in the Office of the County Recorder of said San Diego, included within a strip of land
20.00 feet wide lying 10.00 feet on each side of the following described centerline:
Beginning at a point on the Northerly line of said Redevelopment land, said point being North
84035'33" East, as measured along said Northerly line, a distance of 42.76 feet from the
Northwesterly comer of said Redevelopment land;
Thence South 53002'24" East a distance of 113.25 feet;
Thence South 77034'06" East a distance of 37.47 feet to the Easterly line of said Redevelopment
land and the terminus of this line description;
The lines of hereinabove described strip shall be lengthened or shortened to terminate
Northwesterly in said Northerly line of Redevelopment land, and Easterly in said Easterly line of
Redevelopment land.
Containing 3,015 sq. ft., more or less.
Attached hereto and made a part of this legal description is a plat designated Exhibit B.
This legal description and plat were prepared by me or under my supervision on February 2, 1993,
L{),~
Eric A. Nelson
P.L.S. 5563
Redevelopment
Page 1 of 1
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