Grant of Easement Water and/or Sewer Lines & Appurtenances 1990-507834
854
90-501834
r'1-o S07 ?
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RECORDING REQUESTED BY:
CI TY OF POilAY
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i9sn SEP /7 fl.! 2: 23
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POIIAY
P.O. BOX 789
POIIAY, CA 92064
i VEPA L. LYLE," I
,__!:OUNfY RECOfWfU
NO FEE
FIRST AMERICAN TITLE INS. CO.
Title Order No. 987554-11
This space for Recorderls use
NO DOCUMENT TRANSFER TAX NO FEE
Tax Parcel No.
317-223-27 & 28
GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
POI"ERADO PROPERTIES, A GENERAL PARTNERSHIP,
(hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"),
its successors, or assigns, the following described easement for a right-of-way
TIvENTY(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:
A PORTION OF LOTS 29 AND 30 OF THE CITY OF POWAY TRACT 85-04, MAP NO. 11742.
"
855
Said easement of right of way in the aforeeaid lends is particularly described u follows:
SEE EXHI BIT "A"
GRANTOR, its hein. Iuccessors. and assigns. shall Dot erect or CODStnJ.ct or pennit to be erected or constructed, any
building, structure or improvement on, over or \D1der any portion of the easement, nor shall GRANTOR. its b~ir8. lucceSBors,
or assigns. plant any tree or trees or plant eny other vegetation or nora. nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may. in its 80le discretion. erect. maintain. or UBe gates in all fences which now cross or later CroS8 any
portion of' the easement. GRANTEE sball a180 be entitled to trim, cut. or clear away any trees, brush. or other vegetation or
flora from time to time as GRANTEE determines in its Bole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this essement with any other
public agency or utility including, but not limited to. any agency supplying water or sewer 8~rvices or facilities to the public
BS GRANTEE may determine in its 80le discretion without paying any additional 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 or the easement, change the location of pipeli nes or other facilities within
the boundaries of the easement right of way. or modify the siz'e of existing pipelines or other improvements as it may deter-
mine in its sole discretion from time to time without Payinl any additional compensation to GRANTOR or GRANTOR's beirs.
8uccessors. or assigns. provided GRANTEE does not expand its use of the easement beyond the easement boundaries de-.
scribed above.
It is alBo understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs. auccessors, or assilDs.
.hall not increase or decrease or pennit to be mcreased or decreased the existinglfOund elevatioDs 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 Dot litigation i. commenced, or if any arbitration pro-
ceeding. adminstrative proceeding or litigation in law or in equity, including IUl action for declaratory relief, i. brought to
enforce or interpret the provisions or performance of this easement. the prevailing party shall be entitled to an award or 8U
attorney's fees IUld the costs of the proceedio.., which shall be detennined by the court or the presidin.. officer havin, au-
thority to make this determination.
GRANTOR expres.ly wmanta and represents th&t GRANTOR has the power to grant this easement in accordance with
its terms.
In tvilntS$ tvlJtrtof. the GRANTOR has executed thio E..ement thio...n.1J..t.h.._d.y of __l}.Yfl1Vl.!....__ . 192fLn.
This is to certir, that the interest in real property conveyell
'J tile deed or granl dated S - 11-'10 fro", fl, "" 'w, J v
y\-o e,+',t, e~tv..A ()..' IheCily
of PowaJ, I political corpora ion Ind/or lDVernmentlllaeney
is hereby Iccepted b~ the undersi~ed efficer or Igent on be-
ball of the City Council pursuonl to tut~ority confelltd by
Resolulion rlo. 34 Idopted o~ JanU31J 20, 1981 Ind the
aranlee consents 10 recordation thereof bJ its duly luthorized
officer.
POMERADO PROPERTIES, A GENERAL PARTNERSHIP
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B .
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PAUL K.
G, PRESI DENT
Dated: '1-13 -'10
Ay JII(J,u~ t! )\Jrn-,,1...
BY: BOTHWELL INTERNATIONAL, LTD.
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NEVI LLE F. BOTHWELL, GENERAL PARTNER
856
W.O.89-006
August 14, 1990
EXHIBIT "A"
LEGAL DESCRIPTION
CITY OF POW A Y WATER EASEMENT
A 20.00 foot wide strip of land in all that portion of Lots 29 and 30 of City of
Poway Tract 85-04 Unit 1 in the City of Poway, County of San Diego, State of
California, according to Map thereof No. 11742, filed in the office of the County
Recorder of San Diego County, March 9, 1987 and Boundary Adjustment No"
87-09 recorded March 8, 1988 as file/page 88-107244. The centerline of said
strip of land is more particularly described as follows;
Beginning at the Northeast comer of said Lot 29; thence South 76000'00" West
along the North line of said Lot 29, ]95.64 feet to the centerline of an existing
20 foot wide City of Poway water easement recorded August I, 1990 as file/page
90-420961. Thence along last mentioned centerline 16.50 feet to the TRUE
POINT OF BEGINNING; thence South 76000'00" West, 49.00 feet. The sidelines of
said strip are to be lengthened or shortened to begin on the Westerly line of
said existing 20 foot water easement and end of right angles to the terminus of
this easement.
This legal description (Exhibit A) and sketch (Exhibit B), attached hereto and
made a part of this legal description, was prepared by me or under my
direction.
~r;-,~
Raymond J. Bulthuis, R.C.E.13745
Exp. 3-31-93
858
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS: .
ON THISL'ZtLDAY OF Jfq~f6sr IN THE YEAR OF 19~, BEFORE ME.
A NOTARY PUBLIC IN AND FOR SAI COUNTY AND STATE, PERSONALL, APPEARED
PAUL K" TCHANG. PERSONALLY KNOWN TO ME TO BE THE PRESIDENT OF TECHBILT
CONSTRUCTION CORP", A CALIFORNIA CORPORATION, THE CORPORATION THAT
EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSON WHO
EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID
CORPORATION BEING KNOWN TO ME TO BE A GENERAL PARTNER OF POMERADO
PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, THE PARTNERSHIP THAT
EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID
CORP'JriA TION EXECUTED THE SAME N3 SUCH PARTNER AND THAT SUCH
PARTNERSHIP EXECUTED THE SAME.
OFFICIAL SEAL
"' JEANETTE M. SCHWARTZ
;\. NOIARY PUBLIC CALIFORNIA
'3:jJ", PRINCIPAL OFFICE IN
'll.;..O~~"~ SAN DIEGO COUNTY .
My Commission Expires September 28, 1990 ~
-"'-;"-.. ~........ ......r^...~... .l'rI'<N............
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS:
ON THIS L,ULDA Y OF "'1~(j.-v<;T IN THE YEAR OF 19U-, BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED
NEVILLE F. BOTHWELL. PERSONALLY KNOWN TO ME TO BE THE GENERAL PARTNER
OF BOTHWELL INTERNATIONAL L TO", A CALIFORNIA LIMITED PARTNERSHIP, THE
LlrvllTEDPARTNERSHIP, THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO
ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF
SAID LIMITED PARTNERSHIP, SAID liMITED PARTNERSHIP BEING KNOWN TO ME
TO BE A GENERAL PARTNER or POMERADO PROPERTIES, A CALIFORNIA GENERAL
PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE wiTHIN INSTRUMENT. t\ND
ACKr,OWLEDGED TO ME THAT SAID LIMITED PARTNERSHIP EXECUTED THE SAME AS
SUCH PARTNER AND THAT Sl)CH PARTNr::,,;HIP EXECUTED THE SAME.
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__ 'gg.JY-,g.1T~_LJf"-~r:,1/ W /l/f T7-
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE.
PRINCIPAL PLACE OF BUSINESS
IS SAN DIEGO COUNTY.
MY COMMISSION EXPIRES ON:
~LL_aL?~$c;a_-
__ ~.Li-A!ALL~_M~
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE.
PRINCIPAL PLACE OF BUSINESS
IS SAN DIEGO COUNTY.
OFFICIAL SEAL ~
JEANETTE M. SCHWARTZ
NOTARY PUBLIC CAlifORNIA
.). PRINCIPAL OFfiCE IN ="
"'"'"o~,.,,, SAN DIEGO COUNTY ~
My Commission Expires September 28. 1990 $
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