Grant of Easement Sewer Purposes 1993-0176881
Recording Requested by and
when recorded mail to:
170'7
D~~ tt 1993-0176881
23-"AR-1993 10=13 AM
CITY CLERK
CITY OF POWAY
P.O. BOX 789
Poway, CA. 92074
DF;ICIAL RECORDS
SAM DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: 0.00
OC I\lk
Recording Fee: Exempt
(Government Code - Section 6103)
SPACE ABOVE FOR RECORDER'S USE ONLY
Documentary Tax Fee -0-
GRANT OF EASEMENT
SEWER PURPOSES
Documentary Transfer Tax: Exempt (Revenue & Taxation Code - Section 11922)
Assessor's Parcel Number: 317-251-07,08,20,21,22,& 23
PETER P. ALLOS and DORIS K. ALLOS, Co-Trustees, or any successor Trustee, UDT
dated 4-30-90, known as the Peter P. & Doris K. AlIos Living Trust.
(hereinafter called "GRANTOR") hereby GRANTS to THE CITY OF POWAY, (hereinafter called
"GRANTEE"), its, successors, or assigns, the following described easement for a right of way (20.00 feet
in width) ill, UPOll, over, under and across the lallds described below, to erect, construct, i'econstruct,
replace, repair, maintain, and use a pipeline or pipelines from 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 land described below, together with the right to use this easement for access to
GRANTEE's rights of way situated in adjacent land, without any additional compensation therefor.
The land encompassing this easement is situated in the City of Poway, County of San Diego, State of
California, and is more particularly described as follows:
SEE EXHIBIT A, attached hereto and made a part hereof
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or
constructed, any building, stru~ture or improvement en, over or under any portion of the easement, nor shall
GRANTOR, its heirs, successors, or assigns, plant any tree or trees or plant any other vegetation or flora,
nor dig or drill any hole or wells on 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.
1708
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 pipelines 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 herein.
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 elevation of the herein 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 bought to enforce of interpret the provision 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 its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement.
Dated: <;:o.=] ~ / .;;-~ C:l3
Peter P. & Doris K. Alios LiviD!! Trust
B~~g;~~d<By~i(~~
r P. Alios, rustee D IS K. Alios, Trustee
Alios. Easement
Page 2 of 3
.'
A~L.aeURPOSEo ~~Krt~~LEDO -"ENf
Stateof CIIL/FeJRN/fit-
County of ::AN D I t?-G-c
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1709
CAPACITY CLAIMED BY SIGNER
l!!1JNOiVIOUAL(S)
o CORPORATE
OFFICER(S)
On MAR I~ /913
DA E
personally appeared PETE!? P. ALLOS + f)rJRIS k. f}U_bS
NAME(S} OF SIGNER(S)
o personally known to me " OR " \R proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) MIIare
subscribed to the within instrument and ac-
knowledged to me that lIeOMe/they executed
the same in I' 'I N/their authorized
capacity(ies). and that by I' 'I Jtheir
signature(s) on the instrument the person(s).
orthe entity upon b"Jhalf of which the person(s)
acted. executed the instrument.
9640 B M1SSiOn Gorge Roa," 5an18o, CA 92071 Witness my hand and official seal.
before me. El(GeJE H. !It1"'5EN-II!OTFJ~,v
NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC
fllLE(S)
o PARTNER(S)
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSE'lVATOR
o OTHER:
@ OFFIOI"L NOTARY se"L
:' EUGeNE H H"NSEN
~.._., NoBy PuClIc - CaUfornia
, S"N DIEGO COUN'TY
My Camm, e,pireo JUN 02, 199~
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES}
CtJ - Tlrll-rTEE, tJF PETER P.
:::Z'/ /dA~
SIGNATURE OF NOTARY , .
ATTENTION NOTARY: Although the information requested below;s OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document GRIfN r 0 F EIfSGME/JT SEwER PuRPoSES - FbWA
MUST BE ATTACHED Number of pa~a.pj tEKHIAlrs Date of Document N~IItRy Df{ IE
TO THE DOCUMENT - I eJ TrI ER S
OESCRIBED AT RIGHT: Signer(s) Other an Named Above IIIt?AfE <:
{)tRir;. AL-L{)S LlvIIVG-
, l/ /'-- -----
; _. _ _:=- ::-=.::-';=~-~-:==2.:::-~2-S:::.2'.::--.:o--::;...:.;,..:;.~__~~~s~~..:<~-~"3-:::?'"=:S:::":';.~--:S..::--'~'- --_::.~"?3s::.:,.-_--:"''''::''- -- -::--~_'::-_-.;;::.
This is to certify that the interest in the real property conveyed by this deed dated 3 - I 5 - <j .~
from Peter P. and Doris K. Alios, Co-Trustees of the Peter P. & Doris K. Alios Living Trust. to
the City of Poway, a political corporation andlor 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: 2>-,;;l,~ -4 ~
BY:"rh~~ K 5lh4.>>-c:..
i
"'-
ALLOS Easement
page 3 of3
1710
EXHIBIT A
LEGAL DESCRIPTION
That portion of the South Half of the Southwest Quarter of Section 23, Township 14 South, Range
2 West, San Bernardino Meridian, in the City of Po way , County of San Diego, State of California,
according to United States Government Survey, 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 Southerly line of an existing sewer easement to the City of Poway per
deed recorded May 31,1989 as Document No. 89-287492 of Official Records in the Office of the
County Recorder of said County, said point being South 59048'09" East a distance of 35.57 feet,
as measured along said Southerly line, from the Westerly terminus of that certain course described
as "South 60031'()()" West, 227.07'" in said deed;
Thence leaving said Southerly line South 30017'26" East a distance of 50.26 feet;
Thence South 02008'32" East a distance of 143.00 feet;
Thence South 47047'56" East a distance of 267.()() feet;
Thence South 41013'20" East a distance of 69.52 feet to a point on the Westerly line of Lot 51
of City of Poway Tract 85-04, Unit 1, as shown on Map No. 11742 filed in the Office of said
County Recorder, said point being the terminus of this line description.
The lines of hereinabove described strip shall be lengthened or shortened to terminate Northerly
in said Southerly line of existing sewer easement, and Easterly in said Westerly line of Lot 51.
Containing 10,595 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 January 25, 1993.
~Q.~
Eric A. Nelson
P.L.S.5563
Allos
Page 1 of 1
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