Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0425705
RECORDING REQUEST~_ BY:
MASSON & ASSOCIATES, INC.
311 E. WASHINGTON AVE.
ESCONDIDO, CA 92025
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NO
77
~~c U 1991-0425705
20-AUG-1991 09:09 A~
OFFICIAL RECORDS
SAN OIEGO COUNTY RECDROER'S OfFICE
AHNETTE EVAHS, COUHTY RECORDER
FEES: 0.00
NA
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
Title Order No.
This space for Recorder#s use
DOCUMENT TRANSFER TAX NO FEE
Tax Parcel No. 275-700-25
GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
RICHARD J. LAREAU and VICTORY G. LAREAU, husband and wife as
;oint 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 xxxxxxxxxxxxxxxxxxxxxxx, 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 THE 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 RICHARD J, LAREAU AND VICTORY G.
LAREAU RECORDED JUNE 21, 1979 AS FILE/PAGE NO. 79-257717 OF OFFICIAL RECORDS.
78 -
Said easement 0_ right of way in the aforesaia .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, plant 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 Bole 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, 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 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 Bole 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 heirs, successors, 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 proceding, administrative
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 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 w~s Whereof, the GRANTOR has
day of run IA., 19 '10 .
executed
This is to certify that the interest in real property conveyed
by the deed or grant datedJ/~;}.I.-ql) from I2J~.lut.,.'/-:r:
I;;,ro.llll '<I- lJ.m~~ "-La ~04f! to tha City
o poway, a po t1 ~ corporat on and/or governmental agency
1s hereby accepted by the undersigned officer or agent on be-
half 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.
Datad: 1-'1",I.,$'; /9t?/ By'il'f~i, 1u(A~'7Iy~~i
(General)
i
79
;;TATE OF CAUro
} SS
me. the undersigned, a Notary Public in and for said
State.
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to Iw till" rwr<,nn ~ whose name
Il' tilt' within in<,trument and acknowledgpd
t'Xt'c\I\pd thp t'.
n to me (or proved to me on the basis of satisfactory evidence)
subscribed
th,,--'f1Ie V
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@ D""CIAL SEAL
POLLY A. CARROLL
. Notary Pubtic - California
SAN CIEGO COUNTY
My C__.... 23, ,
WIT;\lES.
Signature
'(b1L-Y
Name
OFC-2056
.CA/iC .<!.t:?L.-/'
(Typt'c1 or Printed)
(Thllareaforoflleial notarial leall
JiO
EXHIBIT "A"
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 THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LAND DESCRIBED UNDER
PARCEL 1 IN DEED TO RICHARD J. LAREAU AND VICTORY G. LAREAU,
RECORDED JUNE 21, 1979 AS FILE/PAGE NO. 79-257717 OF OFFICIAL
RECORDS; THENCE, ALONG THE WESTERLY LINE OF SAID LAREAU LAND, NORTH
4017'02" WEST (NORTH 4013'00" WEST PER SAID DEED), 6.01 FEET TO A
POINT ON THE ARC OF A NON-TANGENT 210.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 19008'01"
EAST; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10 14 ' 48 ", A D I STANCE OF 4. 57 FEET; THENCE, TANGENT
TO SAID CURVE, SOUTH 69037'11" EAST, 9.94 FEET TO A POINT IN THE
SOUTHERLY LINE OF SAID LAREAU LAND; THENCE, ALONG SAID SOUTHERLY
LINE, SOUTH 85042'58" WEST (SOUTH 85047'00" WEST PER SAID DEED),
13,20 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND THE PLAT (EXHIBIT "B"),
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS
PREPARED BY ME OR UNDER MY DIRECTION.
~"-A~- .,c;b.#!t.-z" 9-//-9t'J
~:ilR.E;CE H. MOORE, L.S. 5486
EXPIRES: 9/30/92
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see Stir. NO.2 FOR SCALE' l' = 100'
VICIA/ITY MAP ,
EXII/B/T "8" (lOF2)
SeweR EAS€M€J.lT
AP.N. 275-700-2j"
ReF. TRACT NO, 88-12
DA TE:: J.N. 89- 37
HA~~OH ~ AS~OCIA 'rES INC.
PLANNING 0 ENGINEERING . SURVEYING
311 EAST WASHINGTON AVE,
ESCONDIDO . CA' 92025-2881 . (619)741-3570
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VICINITY MAP
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SCALE; l' = 20'
(2 OF 2)
M~SSON ~ ~SSOCX~ TES iNC.
PLANNING 0 ENGINEERING 0 SURVEYING
311 EAST WASHINGTON A lIE.
ESCONDIDO 0 CA 0 92025-2881 0 (619)741-3570
EX#/B/T 'lB"
SEWER cAseMeNT
A,P.N. 275" 700-25
REF. TRACT /1/0.88-1'2
DATE: J.N, 89-37