Grant of Easement Sewer Lines & Appurtenances 1992-0599480
908
DC: " 1992-0599480
22-SEP-1992 09:32 AM
RELORDING REQUESTED BY: )
)
CITY OF POWAY )
) ,
AND WHEN RECORDED MAIL TO: ) r
)
CITY CLERK )
CITY OF POWAY )
P. O. BOX 789 )
POWAY, CA 92074 )
)
Tax Parcel No. 314-020-31
OFFTClAL RECaP-OS
SAN DIEGO COUNTY IRECORDER'S OFFICE
ANHETTE EVAHS, ICOUHTY RECORDER
IFEES: 0.00
I' :
I'..
(This space for Recor~er's use)
GRANT OF EASEMENT
(SEWER LIN~S & APPURTENANCES)
Scott L. Curtis, Marie Curtis, husband and wife, and Leona C. Campion
,
a widow, all as joint tenants
I
(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 and all
sewer purposes, together with such fixtures and appurtenances, at such locations and
and elevation 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 com-
pensation 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:
PARCEL 31 OF RECORD OF SURVEY MAP NO. 4134, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 7, 1957.
ESMT- CURT
This is to certify Ihl tile int8llSl i~ reel property '.1nvejtd
bylht deed or IIIl1l dated 9~S"~'iJl I~
~ C4wI c#~ r~lheCi~1
01 Poway. a political toIpOII\ion andAor governmental agency
is hereby accepted by the undersigne. officer or agenl Oft be-
hall 01 the City Coyneil pursuant tOllllthority conferred It,
Resollltion No. 34 adopted on Jln~ary 20. 19111 and the
grantee consents to recordllion tIIer~1 by its duly lutltorizad
ollieer.
Dated: q -11 -'i '-
8Y~~
~'
909
Said easement of right of way in the aforesaid lands is particularly described as follows:
A PORTION OF PARCEL 31 OF RECORD OF SURVEY MAP NO. 4134, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 7, 1957 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
STARTING AT THE SOUTHEAST CORNER OF SAID PARCEL 31 THENCE N 880 29' 11" W A
DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE N 880 29' 11" W
A DISTANCE OF 20.00 FEET THENCE N 10 3D' 49" E A DISTANCE OF 116.2 FEET,
THENCE N 220 56' 34" E A DISTANCE OF 184.2 FEET, THENCE S 670 03' 26" E
A DISTANCE of 20.00 FEET, THENCE S 220 56' 34" W A DISTANCE OF 180.00 fEET
THENCE S 10 35' 27" W A DISTANCE OF 112.80 FEET WITH POINT BEING TRUE POINT
OF BEGINNING.
GRANTOR, its heirs, successors, and assigns, shall not erect or comstruct or permit to
be erected or constructed, any building, structure or improvement on, ~ver 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 ~hare all or any
portion of this easement with any other public agency or utility inclu~ing, 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 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.
CURTI
ALL.PURPOSE ACKNOWLEDGMENT
State of t'JA<-Ir"ItJJIJI
County of S"A.v ~dG"v
}
911
On)~ /I"'/99%.-before me. P.#A-f'ar- A/. LAA.rr;.J -.A./,T-"ILY /1;4<.-',,--,
DATE NAME. TmE OF OFFICER - E.G.. . JANE DOE, NOTARY PUBLIC"
personally appeared
)~Tr L.. CUICTlf
NAME(5) OF SIGNEA(S)
o personally known to me . OR .Id!' proved to me on the basis of satisfactory evidence
to be the person(llj whose name(llj islll'6
subscribed to the within instrument and
acknowledged to me that ~/$Ae/tJ;le)t
executed the same in his/beTllbe1'r
authorized capacityUK). and that by
hislPer/tlleir signaturel8l on the instrument
iiie person(8'), or the entity upon behaK of
which the person(8')" acted. executed the
instrument.
fi' ...... OFO'CIAL NOTARY SEAL
.,. ........ OARVLE N. LARSEN
I;''"'. 'Nollll}' PuIlIic-CaJlfornia
~\~~..~_ SAN ~EGO COUNTY
, ',- My COITI.n Expires SEP 26.1994
',,, '
No.5179
CAPACI CLAIMED BY SIGNER
~ INDIV DUAL
o CORtRATE
OFFI ER(S)
TITlE(S)
o PART ER(S) 0 UMITED
o GENERAL
I
o ATTqRNEY-IN-FACT
o TRU EE(S)
o GUA D1ANlCONSERVATOR
o OlH R:
SIGNER IS REPRESENTING:
NAME OF PE SON(S) OR ENTIlY(lES)
Wit~hand an~ial seal.
NATURE OF NOTARY
ATTENTION NOTARY: Although the lnfonnation requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate 10 an unauthorized document.
THII5CERTIFICATE Trtle or Type of Document Gj(lfA/l,F e-ArtrA<.r#r
MUST BE ATTACHED Number of Pages J Date of Document ,r#/
TO THE DOCUMENT -
DESCRIBED AT RIGHT: Signer(s) Other than Named Above ,#/4 ~ C. "" JlN ,;t#AIJ
INDIVIDUAL ACKNOWLEDGMENT
ClWFORN
Slate of
SAN DIEGO
Counly of
OffICIA.L SEAL
R. M. MEDINA
NOTARY PlJBlIC CAlIFOirNIA
PRINCIPAL OfFICE IN
SAN DIEGO COUNTY
My Commission Expires December 29, 1993
ll. M. MEDINA
NOTARY PUBUC
220 W. Broadway, Lobb)
Slln D!eqO, CA 92101
@1992NATIONALNOTARYASSOCIATION.8236RemmetAve., P.O. ~x 7184. Canoga Park, CA 91304-7184
}ss.
On thi~~ day of
IZ. ~
p 1 5 1992 19_, before me.
ijCLJ/~/l
the undersigned Notary Public, personally appeared
~I . '1 /
~ mE Cu--hS
o personally known fo me
K:f proved to me on the basis of satisfactory evidence
;,5 . .
to be the person(s) whose name(s) / ~bSC"bed to the
within instrument. and acknowledged that :5 It i executed it.
~~~--C~ )
Notary.s Signature /
910
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 pow~r to grant this
easement in accordance with its terms.
IT WITNESS WHEREOF, the GRANTOR has executed this Easement this
SCfJTElliBtr.( ,19 q; .
,1.5
'"
day of
oC- %L f
-' . )
~.~>r.
(Signatures must be notarized)
STATEOF e.4t1/CIPRNltr
COUNTY OF llfJ.5 I/IVlf/tfLtff
On this t1 day of .5efJ11ft'/ ~R.
County. personally appeared tm IV IJ C
} 55. (INDIVIDUAL)
19 t:fL, before me, the undersigned, a Notary Public in and for said
1!?III'I/IolV-- - ~-----
t
I
!
J
l
---~.-"
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p~~~~-~Il} 18 8'i'1 n t~ ......, u. proved to me on the basis of satisfactory evidence
to be the persons( s) whose name( s) is/lVC subscribed to the within instrument,
and acknowledged to me that JWI! executed the same.
Witness my hand and official seal.
"Y'"" -.
~
l
f I" ;rd/1n~ .
"
Notary Public in and for said County and State
,.
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v - 6Ei1.L,4Jf/j)/~,(
Name (Typed or Printed)
(This area for official notarial seal)
3403 (R9/87)2