Grant of Easement Water and/or Sewer Lines & Appurtenances 1992-0574474
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92074
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LuG" 1992-0574474
10-SEP-1992 08=54 AM
OFFICIAL RECORDS
SAN DIEGO COUH~Y RECORDER'S OFFICE
ANNETTE EVAHS, COUNTY RECORDER
FEES: 0,00
HA
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
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(This space for Recorder's use)
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Tax Parcel No. 314-341-18
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GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
Ju-Min Ko and Fon-Chiu Mia Chen, Husband and Wife, as joint tentans
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its suc-
cessors, 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
purposes, together with such fixtures and appurtenances, at such locat~ons and eleva-
tions, 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:
LOT 18 OF CITY OF POWAY TRACT BB-05, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12557,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 8, 1990.
l/KO
~ This is to certify tUl tile interest iR reel property r,'mvey."
IIJthedeedDl'pIlll4ete<l9-6-9';<'lro~- ~ Ko
f.-a..,.d 1u- (I), ~uJ lfHAov ~ tottlec.;\y
01 PlF/lIJ, a politlcII ClJIIIOIIlion end/or goVlllnmentat agency
Is berelly ac:capted by the undersigned officer or agent on be-
hill of tile City Council pursuant to authOl'ity conlerred ~
lIeeoIution No. 3C adopted on January 20, 1981 and the
fHteI COIlIIlIlS to recordation thereol by its duly authorized
oIIIctr.
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EXHIBIT "A2188
THE WESTERLY IBO.OO FEET OF THE NORTHERLY 20,00 FEET OF LOT 18 OF THE CITY OF
POWAY TRACT 88-05, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12557, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY B, 1990.
\ STATE OF CALIFORNIA "D' () }SS.
COUNTY OF :5r;,() I E"i'
~~On ;=:-) -ept-. 5 L CiCj ,beforeme,the
~ tSigne<i~btary Public, ~oonally arrr; ~
is ~ -FYI. () kO f"Jr"'
~ (I-l/JIV r(l/O r'n-
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~] (f3e''''''dlly known to II,.,) ur(pr<N€d to me on the basis of
l5 satisfactory evidence) to be the peoon ~ whose
~ name:"> Q r f: ,I subscribed 10 the within instrument
o and acknowledged that ~executed the same.
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SttV.193{9!91l
(SEAl)
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Said easement of right oi.ay in the aforesaid lands is pa, .icularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to
be erected or constructed, any building, structure or improvement on, over or under any
portion of the easement, dig or drill any hole or wells in 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 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 pipe-
lines 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 a~d the GRANTOR's
heirs, successors, or assigns, shall not increase or decrease or permit to be increased or
d~creased the existing ground elevations of the above-described easement which exists at
t,:e 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 deter-
mination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IT WITNESS WHEREOF, the GRANTOR has
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executed this Easement this S-~day of
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(Signatures must be notarized)