Grant of Easement Water and/or Sewer Pipelines & Appurtenances 1990-420961
CITY OF POWAY
1269
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RECOR~ING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
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CITX- CLERK
CITY OF POWAY
P . O. 'Box' 789
POWAY, CA 92064
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This document ~ffects APN
.
(This space for Recorder I s Use) NO FEE
3l7-223-27 and 3l7-223-28
. .
GRANT OF EASEMENT
Water and/or Sewer Pipelines and Appurtenances
.'
Parnerado Properties, A General Partnership , (hereinafter
"GRANTOR")", hereby grants to CITY OF POWAY, (hereinafter
"GRANTEE"), its successors, or assigns, the following described
easement for a right of 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 pipe-
lines for any and all purposes, together with such fixtures and
appurtenances, 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 right 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 Lets 29 and 30 of the City of Poway Tract 85-04, Unit No., Map 11742
Said easement of right of way in the aforesaid lands is particularly
described as follows:
See Exhibit "AIf
fThil is to Certi,'1y that the Interest in real pro, perty conveyed
by the deed Of If8nl dated 1-..2(- ~<llrorn Po ","v",C<
r"f<'A"'" . A G"~e__1 P..+",,,Cplotl1eCitr
of Powill', a political corporation and/or governmental agency
is hereby accepted by the undersigned officer or a[.'3nt on be-
half of the City Council pursuar~ to .Tc~ority Cllnferred ~
Resolution No. 34 aOOptad on January 20, 1981 and the
grantee consents to recordation thereof by its duly aulhoriled
otticer.
I Dated: '1 - ,?, ~ ~"
,
By 111.:..,;\""-< Kj\J{~/}-,,-/;,..,
"', J
1270
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 WITNESS WHEREOF, the GRANTOR has executed this Easement this
21st day of Auqust , 19 89
Porrer
By Tec
By
ies, A General Partnership
" t Construction Corp.
By:
By:
Pa chan
~th~te
President
national Ltd.
Partner
IF A PARlNERSHIP
1271
PARlNERSHIP AS A PARrnE;
STATE OF CALIFORNIA, COUNl'Y OF San Dieqo
SS.
CN MS 21st
DAY OF August
, 19 89, BEFORE MEJeanette M. ~
PUBLIC IN AND FOR SAID COUNl'Y AND STATE PERSON1\LLY APPEl\REDNeville F. ~ll
~ TO ME (OR ProJED TO ME 00 WE Bl'.SIS OF SATISFACTORY E.VIDna)
Bothwell InteIna,t~~....J;;!td.
TO BE THE PARlNER (S) OF , A Po'UUl'<tol'-'>ruP THAT ElCEX:l1l'ED THE WITHIN INST-
1UlENI' CN BEHAIF OF SAID PARlNERSHIP, SAID PARlNERSHIP BErn:; ~ TO ME TO BE
Porrerado Prooerti'i)~ __
em: OF THE PARlNERS OF , THE PAKlNERSHIP THAT ElCEX:l1l'ED THE WI'lmN INST-
1UlENI' AND ~ TO ME THAT SUCH PARlNERSHIP EXfClJl'ED THE SlIME AS SUCH
PARmER AND THAT SUCH PARlNERSHIP EXfClJl'ED THE SlIME.
~S MY HAND AND OFFICIAL SEAL.
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OFFICIAL SEAL I
Q JEANETTE M. SCHWARTZ
. .' . : NOTARY PUBLIC" CALIfORNIA
PRINC]PAl OffiCE ]N
. SAN D]EGO COUNTY
My .Commisslon Expires September 28, 1990
\"
STATE OF CALlFORN]A
COUNTY OF S;m nip gn
On Auqust 2l. 1989
said State, personally appeared Prill 1 K
I
}ss.
I
, before me. the undersigned, a Notary Public in and for
Tc:hnng and
- - - - - - - - - - - - , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the persons who executed the within instrument as
President and
Secretary, on behalf of
Techbilt
Construction Corp. .
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being
known to me to be one of the partners of
Pnm~r~nn Prnp~rr;~~ ,
the partnership that executed the within instrument, and ack-
nowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
.0 :-..-...........~"F~i"t'J:t~~A-'t......oI'JI~
,; - JEANETTE M. SCHW..RTZ
t" NOTARY PUBLIC CAlIl-OrrNJA
PRINCIPAL OffICE]N ~
SAN D]EGO COUNTY
My Commission Expires September 28. 1990
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1273
EXHIBIT "A"
LEGAL DESCRIPTION
CITY OF POWAY 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. The centerline of said strip of
land is more particularly described as follows;
BeginniDg at the Northeast comer of said Lot 29; thence South 76000'00" West
along the North line of said Lot 29. 195.64 feet to the TRUE POINT OF BEGINNING;
thence South 14000'00" East. 21.50 feet; thence South 31000'00" West, 41.52 feet;
thence South 14000'00" East, 205.14 feet to the South line of said Lot 29 and the
end of said 20.00 foot wide strip. The sidelines of said strip are to be lengthened
or shortened to begin on the North line of said Lot 29 and to end on the South
line of said Lots 29 and 30.
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~it.I3u'~u<"
Raymond J. Bulthuis. R.C.E.13745
Exp. 3-31-93