Grant of Easement Water Lines & Appurtenances 1991-0347701
2191
OO~ U: 1991-0347701
16-JUL-1991 08=14 AM
SAH DIEGO COUHTV RECORDER'S OFFICE
AHHETTE EUAHS, COUHTV RECORDER
FEES: 0.00
DC
RECORDING REQUESTED BY:
THE CITY OF POWAY
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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This space for Recorder's use
AND WHEN RECORDED MAIL TO:
NO DOCUMENT TRANSFER TAX NO FEE
Title Order No.
Tax Parcel No.
317-222-16
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
Mauri ce Mai 0 and Laura Beth Mai 0 ......Lo- Trus tees under the Mallr; re Ma; 0 anrl
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Laura Beth Mai 0 Trllst. Ilnder Trllst Agreement dated O"toher 31, 1 qRq
(hereinafter "GRANTOR ") hereby grants to the CITY OF POW A Y (hereinafter "GRANTEE"),
its successors, or assigns, the following described easement for a right-of-way in, upon, 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.
-'-'-'Fheiandeneompassing this easement is situated in the County of SAN DIEGO, State of
California, and is more particularly described as per hereto attached legal description and plat
as EXHffiIT A.
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2192
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 Engineering 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 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 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 attached 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this
Mo.1 ' 192L.
This is to certify tIlat the interest in reJl properly conveyell
by the deed ll'annt dmd S ~ 31- from Mt.....rit(.. (h"i"
~( ~... &~ lM:o,w.-tn.,tC0 to the City
of Poway, a politiClt corporation and/or governmental agency
is hereby accepted by the undersigned officer or agent on be-
half of the City Council pursuant to authority conferred Ily
Resolution No. 34 adopted on January 20, 1981 ant! tlle
graAtee consents to recordation thereof by its duly authorized
officer.
I.
day of
Maurice Maio
~C11tb~
Laura Beth Maio
Dated:
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personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
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lIAIIlIIEIllI CllUNTY
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(This area for official notarial seal)
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EXHIBIT A
WATERLINE EASEMENT
IN PARCEL 9, PARCEL MAP 15618
An easement for the purposes of installing and maintaining water mains, waterline services, and
appurtenances. Situated within Parcel 9 of Parcel Map No. 15618 in the City of Poway, San
Diego County, California, more particularly described as follows:
Commencing at the Southeast comer of said Parcel 9, which is situatt:<! on the North
right-of-way line of Stowe Drive; thence along the Easterly property line of said Parcel 9
North 14000'00" West, 20.00 feet to the Point of Beginning; thence South 76000'00" West,
40.00 feet; thence North 14000'00" West, 15.00 feet; thence South 76000'00" West, 90.50 feet;
thence South 14000'00" East, 15.00 feet; thence South 76000'00" West, 40.00 feet;
thence North 14000'00" West, 35.00 feet; thence North 76000'00" East, 112.00 feet;
thence North 14000'00" West, 19.19 feet; thence North 76000'00" East, 20.00 feet;
thence South 14000'00" East, 19.19 feet; thence North 76000'00" East, 38.50 feet to a
point of said Easterly boundary of Parcel 9; thence along said Easterly boundary of
Parcel 9, South 14000'00" East, 35.00 feet to the Point of Beginning. Said easement
parcel contains 0.1169 acres, more or less.
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PLAT SHOWING WATERLINE EASEMENT
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rOWAY, CA.
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