Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0611337
881
~JC " 1991-0611337
26-HOV-1991 08=11 AM
OFFICIAL RECORDS
SAH DIEGO CDUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: O. 00
HA
REC~RDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92064
This space for
NO DOCUMENT TRANSFER TAX
Recorder's use
-0 - NO FEE
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Title Order No.
Tax Parcel No.
321-040-32
GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
JEROME D. MOZINA
(hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"),
its successors, or assigns, the following described easement for a right-ai-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 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:
SEE EXHIBIT "A"
.
882
GRANTOR, its heirs, successors and assigns shall not erect or
construct or permit to be erected or constructed any building,
structure or improvement or plant any tree or trees or plant any
other vegetation or flora within said easement without the express
written approval of the City of poway as evidenced by the signature
of the Director of Public Services on an approved plan. GRANTOR,
its heirs, successors and assigns shall not dig or drill any hole
or wells on any portion of the easement.
GRANTEE may use all gates and fences which, now or later, cross any
portion of the easement. GRANTEE shall also be entitled to trim,
cut, or clear away or remove any trees, brush, or other vegetation
or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted
on, under, or over this easement without obtaining the prior writ-
ten 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 pipe-
lines or other improvements as it may determine in its sole discre-
tion 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.
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
determination.
GRANTOR expressly warrants and represents that GRANTOR has the
power to grant this easement in accordance with its terms.
IN
executed this Easement
, 19 9/
this
ESS WHEREOF, thPI GRANTO~ has
day of &'.I?~,"O'W. ber
This is e Ifll"'" in "" IlIOI*tY con.eye
by the deed or arant ~ II-I 'i -'1 \ IrQIII -rev.... <-
., ,
l). (V\O'Lin"- IQ tbe City
01 Poway. a politlcll carporation and/or governmental agency
is hereby ac:cepted by I1le undeIsigned ollicer or agent en be-
hall 01 the City Collllcil pursuant to authority conferred if
Resolution No, 34 adopted on January 20. 1981 aoo tile
grlltee consents to recordation thereol by its duly autborized
officer.
'-
Daled:
\ l-J.O-~I
By '17')~ k 'lJ<4-',~
GI!mlW...~
* ". * * '.". * *
* State of
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County of
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OFFICIAL SEAL
NANCY N NEUFELD
Nol8ly Public-CoJIlomIa
SAN DIEGO COUNTY
My Comm. ellP, Doc. 21, 1992
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883
l * * * * * * * * * * * * * * 1 * * * * * * * * * * * * * * *
en this the /?v- day of ~~ 19.2.L, before me, *
~ SS. AJd.n~)J. JJwfe/,
the unders' Notary Public, personally appeared
D. MO&J'YJo
t1 personally kr10Im to lie
,
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*
Je.,.o"",e.
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,
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t:fL..provea. to me on the basis of satisfaqt.ory evidence
1:0 be the persontfA whose name~ ....t.a S'~bed *
to the within instrument, and acknowledged that *
executed it. *
~;;~_. ~
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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State of
PARmERSHIP ~
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*
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19 _, before lie,
Coonty of
state of
Coonty of
(6/84)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
en this the day of 19 _, before lie, *
) ss. *
) , *
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en this the
58.
day of
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,
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,
the undersigned Notary Public, personally appeared
the undersigned Notary Public, personally appeared
,
t1 personally known to lie
*
t1 proved to me on the basis of satisfactory evidence to *
be the person(s) who executed the within instnment as *
or on behalf of the corporation *
and acknc:Mledged to me that the corporation *
881
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter
of the Northeast Quarter and the East Half of the Southeast Quarter of the Northwest Quarter
of Section 6, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of
Poway, County of San Diego, State of California, described as follows:
A strip land, 20.00 feet wide, the centerline of which is described as follows:
Beginning at a point on the northerly line of the Northwest Quarter of the Northwest Quarter
of the Southwest Quarter of the Northeast Quarter of said Section 6, said point being distant
South 88035'48" East 16.37 feet along said northerly line from the northwest comer of said
Southwest Quarter of the Northeast Quarter, said point being also the beginning of a non-
tangent curve concave northeasterly and having a radius of 150.00 feet, a radial line to said
point bears North 32026'22" East;
Thence leaving said northerly line, southeasterly along said curve, through a central angle
of 31 002'09" an arc distance of 81.25 feet;
Thence South 88035'48" East a distance of 75.54 feet;
Thence South 01024'12" West a distance of 20.00 feet to the tenninus of this centerline
description.
The sidelines of said strip shall terminate northwesterly in the northerly line of said South
half of the Northeast Quarter.
Containing 3,525 square feet (0.08 acres), more or less.
Subject to covenant conditions, reservations, restrictions, rights-of-way, and easements of
record, if any.
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 June 12,
1991.
A.P.N. 321-040-32
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Eric A. Nelson
P.L.S.5563
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