Grant of Easement Sewer Lines & Appurtenances 1991-0425703
RECORDING REQUESTED l
CITY OF POWAY
APN 275-103-10
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~ OFfICIAL RECORDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
) ANHETTE EVANS, COUHTY RECORDER
) FEES: 0.00
) NA
) (This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
70
DOC U 1991-0425703
20-AUG-1991 09:06 AM
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
GRANT OF EASEMENT
SEWER LINES & APPURTENANCES
James Shaver Hoover and Ann Marie Hoover, husband and wife as joint tenants
(hereinafter "Grantor") hereby grants to the CITY OF POWAY (hereinafter
"GRANTEE), its successors, or assigns, the following described easement for a
right-of-way in, upon, over, under and across the lands described below, to
erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or
pipelines for sewer purposes, together with fixtures and appurtenances, and 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:
Lot 71 of Green Valley Estates Unit No.6, in the City of Poway, County
of San Diego, State of California, according to map thereof No. 3808,
filed in the Office of the County Recorder of San Diego County,
February 13, 1958.
Said easement of right-of-way in the aforesaid lands is particularly
described as follows:
SEE ATTACHED EXHIBIT "A"
GRANTOR, it heirs, successors and assigns shall not erect or construct or
permit to be erected or constructed any building, structure or improvement,
except the replacement of existing items, on, over, or under any portion of the
easement, nor shall GRANTOR, its heirs, successors, or assigns, dig or drill
any hole or wells on any portion of the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use all gates in
all 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 ~lora as necessary to repair or maintain sewer line or
appurtenances without any additional compensation; however, GRANTEE shall
notify GRANTOR, its heirs, successors or assigns prior to commencement of such
work.
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.
7
GRANTEE may at any time increase its use of the easement, change the loca-
tion 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 above. GRANTEE shall make a reasonable effort to restore
GRANTOR's property to its original condition.
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR's heirs, s4ccessors, or assigns, shall not increase or decrease or per-
m1t to be 1ncreased or decreased the ex1st1ng ground elevat10ns 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 1nvolv1ng th1s Agreement, whether or not 11ti-
gation is commenced, or if any arbitration proceeding, administrative pro-
ceeding or litigation in law or in equity, including an action for declaratory
relief, is brought to enforce or interpret the provisions or perfonnance of
this easement, the prevailing party shall be entitled to an award of all attor-
ney's fees and the costs of the proceeding, which shall be determined by the
court or the presiding officer having authority to make this determinat10n.
GRANTOR expressly warrants and represents that GRANTOR has the power to
grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this easement this
of nhrlAQr'l ' 19...2L.
ql:iJ
day
~~
Ann Marie Hoover
This is to certify ttlll ttlt inlIlIIt in rill IJIIIPIllJ QIftYIJId
bylhedlldor_..toh"I,;/-Q-41 ..:t...... 5h4.~t(,
!Joo,,,... + {II/oJ ~~..(' -IBtlltClty
oll'owly. . political corporation .nd/or pllllmealII ..-r,
is hereby acceptad br the undenIped olIicer or .... 1ft ...
hall 01 tile City CouIlCiI pursuant to ItIlhoritJ GOnf8Ired "
Resolution No. 34 IIdGtIIed on JIRIIIIY 20, 1ta1 'M ttlt
gllntee _Is to ,~dIttnn t11_11J ill.., 1tl1IIol_
officer,
Dated: ttlld/{. ~ttl/ II,
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SAV.193 (1/90) ~ L l,
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(SEAL)
OFFICIAL SEAl
SUSAN ANNE JOHNSON
NOTARY PUBLlCCAlIFORNIA
PRINCIPAL Or:FICE tN
SAN DIEGO COUNTY '1
My ComrTUsbn Exp. APR!~ Z;,. i9Q4
o HomeFedBank
EXHIBIT .A"
3
ALL THAT PORTION OF LOT 71 OF GREEN VALLEY ESTATES UNIT NO.6, IN
THE CITY OF POWAY, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 3808, PILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 13, 1959, DESCRIBED
AS FOLLOWS: .
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 71; THENCE ALONG
THE WESTERLY LINE THEREOF, NORTH 00048'05- EAST (NORTH 00051'40"
EAST PER SAID MAP NO. 3808), 20.00 FEET; THENCE SOOTH 88020'55"
EAST, 142.00 FEET; THENCE SOOTH 01.39' 05" WEST, 7.50 FEET; THENCE
SOUTH 88020'55" EAST, 40.87 FEET; THENCE NORTH 89008'25" EAST,
31. 60 FEET; THENCE NORTH 79003' 20 - EAST, 104.90 FEET TO A POINT ON
THE EASTERLY LINE OF SAID LOT 71; THENCE ALONG SAID EASTERLY LINE,
SOUTH 01001'15" WEST (SOUTH 01004'50" WEST PER SAID MAP NO. 3808),
30.88 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 71, SOUTH 89.08'25" WEST (SOUTH
89012'00" WEST PER SAID MAP RO. 3808), 134.14 FEET; THENCE NORTH
8S. 20'55" WEST (NORTH 88017.20" WEST PER SAID MAP NO. 3808), 182.85
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.1370 ACRES.
THIS LEGAL DESCRIPTION (EXHIBIT OA") AND THE PLAT (EXHIBIT "B"),
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS
PREPARED BY ME OR UNDER KY DIRECTION.
~-- .~9:..~: 9-11-9D
~NCE H. MO RE, L.S. 5486
EXPIRES: 9/30/92
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( ) /NOIC'ATES RECO~O PATA "E~
MAP NO. ~808.
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U~SSOH It ASSOCI~ "rES INC,
PLANNINO' ENGINEERlNO. Sl/RYE"I'1NO
311 EAST WASHINGTON AVE'.
f'<;,~fW')"JI) , CA' 9'!025-2BB1 . (619)741-:3570
EX/oI/SIT "/J"
se'W~R EA5~M~AIT
AP.N. 275 - /"3 -10
~eFERENce .' TRACT N().~8-IZ
DATE: J.N. 8'!J-37