Grant of Easement Water and/or Sewer Lines & Appurtenances 1992-0388416
121
RECORDING REQUESTED BY:
MASSON & ASSOCIATES, INC.
, 311 E. WASHINGTON AVE.
ESCONDIDO, CA 92025
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 9.2064
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NO
DOC " 1992-0388416
23-JUN-1992 10=03 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: O. 00
HA
Title Order No.
This space for Recorder.s use
DOCUMENT TRANSFER TAX NO FEE
t "
Tax Parcel No. 275-700-38
GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
PETER A. ORNER and ROSALIND D. ORNER. Husband and Wife as JOINT
TENANTS
(hereinafter "GRANTOR.) hereby grants to the CITY OF POWAY (herein-
after "GRANTEE"), its successors, or assigns, the following
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 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 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:
ALL THAT PORTION OF TaB WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDO BASE AND MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, LYING WITHIN LAND DESCRIBED IN DEED TO PETER A. ORNER AND ROSALIND D.
ORNER RECORDED JULY 5, 1977 AS PILE/PAGE NO. 77-266480 OF OFFICIAL RECORDS.
STATE OF CAUFORNIA
COUNTY OF SAN D fEOO
On 03/26/92 before me, *JACQUEL.YN L SMITH*
personally appeared *PETEH A ORNER & ROSALIND D ORNER*
Capacity Claimed By Signer:
INDIVIDUALS
123
, notary public,
;,
OFFICW. SEAL
JACQUELYN L SIITIl
Notar, Pvb!ic. CaIiftlrnIa
Prinri~OfficeIn
SAN DIEClO COUNTY
MyCornmillionexpm 0cl.31, 1995
~~ol\~X
-or-
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/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my od official seal.
,.-
,)
03/26/92
Official Notarial Seal
This certificate must be
attached to the document
described at right.
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
ALL-PURPOU ACKNOWLEDGMENT
LE7li{Kl191)
122
Said easement of right of way in the aforesaid lands is particularly
described as follows:
SEE ATTACHED EXHIBIT "A"
. 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, nor shall GRANTOR, its heirs,
successors, or assigns, p~ant any tree or trees or plant any other vegitation 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
vegitation or flora from time to time as GRANTEE determines in its sole
discretion without any further compensation.
GRANTEE shall be entitled to partition, aseign, joint venture, or share all
or any portion of thi.s easement with any other public agency or utility
including, but not lLmited to, any agency supplying water or sewer services or
facilities to the public ae GRANTEE may determine in its sole discretion without
paying any further 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 its 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 above.
It is also understood and agreed by the parties that GRANTOR and the
GRANTOR's heire, succeesors, or assigns, shall not increase or decrease or permit
to be increased or decreased the existing ground elevation 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 procedi.ng, admini.",trative
proceding or litigation in law or in equity, including any action for declatory
relief, is brought to enforce or interpret the provisions or performance of this
easement, the prevaili.ng party shall be entitled to an award of all attorney's
fees and the costs of the proceeding, whi.ch 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 wi.th i.ts terms.
I~SS Whereof, the GRANTOR has
day of , 199'.;> .
~~'f1i5~
SAL D.
01~ ~
Thi. b to certify that the inter..t 10 nal proparty conveyed
by the ..... or grant dated 3 -;l.l. -"i :l. troll 'Pe.te..- P. ,
Y'I'\W ~ 'Rbs"II~.c. 1). Dv-h/W"" to the City
o POW'ay,. po t ca corpcrat on aD or gcv~ta.l. agency
1. hereby accepted by the unde.raigned. officer or eg~t on be-
hAlf of the City COWlCll purauant 'to authority CODf'erred by
Re.olution .0. 34 ad.opte4 OD JanU4ZY 20. 1981 and 'the grantee
CODsent. to recordation thereof by ita duly authorized officer.
Dated:
lD - :l;l.-"j;l..
By 'Yntt }<: #\lvv.-t-
EXHIBIT "A-
L..-i
ALL THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDO BASE AND
MERIDIAN, IN TfiE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, HORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LAND DESCRIBED UNDER
PARCEL 2 IN DEED TO PETER A. ORNER AND ROSALIND D. ORNER, RECORDED
JULY 5, 1977 AS FILE/PAGE NO. 77-266480 OF OFFICIAL RECORDS;' THENCE
ALONG THE NORTHERLY LINE OF PARCEL 2 OF SAID ORNER LAND, SOUTH
80052'50" EAST, 20.00 FEET; THENCE SOUTH 9007'10" WEST, 28.89 FEET
TO A POINT IN THE SOUTHERLY LINE OF PARCEL 2 OF SAID ORNER LAND;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 80052'50" WEST, 20.00 FEET
TO THE SOUTHWESTERLY CORNER THEREOF; THENCE ALONG THE WESTERLY LINE
OF PARCEL 2 OF SAID ORNER LAND, NORTH 9007'10" EAST, 28.89 FEET TO
THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND THE PLAT (EXHIBIT "B"),
ATTACHED HERETO AND HADE A PART OF THIS LEGAL DESCRIPTION, WERE
PREPARED BY ME OR UNDER MY DIRECTION.
~-_..~~ 9-11-90
LAWRENCE . MO RE, L.S. 5486
EXPIRES: 9/30/92
125
L1 68.56'
...
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NOTE: ALL MATHEMATICAL DATA
SHOWN HEREON IS BASED
UPON R.O.S. 7088 AND
DUD REC. JULY 5, 1977
AS FILE NO. 77-266480
./1 OF a.R.
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SEC. 30
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A.P.N. 275-700-39 -..J g]
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~=06'05'10' v {I.J
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t2,S,=> R=370.00';:::.J 275-700-38
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R.OS. 1..:J.:J~
~=26'24'30' 0''>.:J,
L=170.54'
R=370.00'
A. P. N. 275-700-35
T. J3 S. R.J W.
S.B.M. 1.4 107
~=04'14'40' .88'
L=31.85'
R=430.00'
\...7 2Qb.\ 9'
1 OF 2
SEE
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b"-1
o <\.1
-1 <\.1
N
1-=100'
~=06'05'10'
L=42.49'
R=400.00'
~=32'29'40'
L=226.8S'
R=400.00
~=26'24'30'
L=l84.36'
R=400.00'
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60' EASEMENT
RESERVED FOR
ROAD PURPOSES
PER R.O.S. 6720
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L=29.63'
R=40Q,QQ'
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L2 N 80'52'50' 'vi
L3 N 60'09'50' 'vi
L4 N IS'27'40' E
LS N 86'58'00' 'vi (R)
L6 N 23'22'30' 'vi
L 7 N 75'29'00' E
L8 N 70'52'10' E (R)
ROSTRATA
ROAD
~
VICINITY MAP
H.T..$. r..& PG. .J,J
lML~~SON " &SSO\cX& 1'~~ X)Nf\c.
PLANNING . ENGINEERING . SURVEYING
.311 EAST WASHINGTON A lIE.
fSCOWJlOO . CA' 92025-2881 ' (619)741-.3570
EXHIBIT "8" WATER EASEMENT
A.P.N. 275-700-38
REF TRACT NO. 88-12
OA.TE: 8-31-90 J.N 89-37
P.D.B.
II 28.89'
N
L1 N 09'07'10' E
L2 N 80'52'50' 'vi
L3 N 60'09'50' 'vi
1-=50'
Q
o
~
~
0"
60' EASEMENT
RESERVED FOR
ROAD PURPOSES
PER R.O.S. 6720
126
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SEC. 30
T. J3 S. R.J W.
S.B.M.
lMI~SSOW ~ ~~SOCX~ 'ii'16:~ XlNllC.
PLANNING . ENGIN[[RING . SURVEYING
1'11 ::-_~('T \A'6.~Lf'\,'''''T,''''A? ~\;c-
EXHIBIT "B" WATER EASEMENT
A.P.N. 275-700-38
REF TRACT NO. 88-12