Grant of Easement (Access and General Utility) 2006-0440766
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JUN 22, 2006 8'00 AM
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APN 323-203-20 NO DOCUMENT TRANSFERTAK ' NO FEE
THIS JNSTRUMlNl rHhl fOR REC{lRO BY
FIRST AMERICANTlTlE COMPANY AS AN ACCOMMODATIGN
GRANT OF EASEMENT OKLY IT,,, KIlT 8m "'MINED," 10 ITS "'''UTI......
OR AS TO ,ITS EffECT UPON THE TITLE. ..~
(ACCESS AND GENERAL UTILITY)
8SM PROPERTIES, LLC, a California limited liability company (hereinafter "GRANTOR")
hereby grants to 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 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 easernentby 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 City of Poway, County of San Diego,
State of California, and is more particularly described as follows, to wit:
The Southerly 250 feet ofthe East 50 rods of Lot 2 in Section 18, Township 14 South,
Range 1 West, San Bernardino Base and Meridiem, ,inthe County of San Diego, state
of California, according to the Official Plat thereof, EXCEPTING the Easterly 330 feet
thereof
Said easement of right-of-way in the aforesaid land is particularly described as follows.
The Northerly 40 feet of the Southerly 250 feet of the East 50 rods of Lot 2 in Section
18, Township 14 -South, Range 1 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to the Official Plat thereof,
EXCEPTING the Easterly 670 feet thereof
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 City Engineer 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.
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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 the prior written consent of GRANTEE.
GRANTEE, may at anytime increase its use of the easement; change the location of pipelines
or otherfacilitieswithin 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 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 23 day of June,
2005.
BSM PROPERTIES, LLC
a California limited liability company
By'
Mark Abelkop, ent I General Manager
(Signatures must be notarized, Notary form attached)
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4459
CALIFORNIA ALL,PURPOSE ACKNOWLE~GMENT
State of cal~ I
County'of I
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j}l;ersonallY known to me
proved to me on the basis of satisfactory
J..~~'l evidence
to bathe person(.s1'whose name~ I
1 'j NaIlIIy PullIc . CaIlIomla subsc,lbed to the within instrument and
1 acknowledged to me that ~tlley executed
r..,c...~J;r~=.~ the same in .dlWtlllf1tJ:leir autho,ized
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capacity(ie$f. and that by ~
signature(WOn the instrument the personla(, or
the entitY'ujlon, behalf 01 which the personjsf
acted, executeq'the instrument. I
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1 OPTIONAL I
1 Though the information below is not re,qu;red by law,' if may proveva/uab/e to perSon:s:r~/yini;jorithe document and could prevent I
f(a!1~u!.e~t r~m?vaiahd reattachment of this form to another document. I
Description of Attached Document I
Title or Type of Document Gj V11..N\.k 0+ c;'OSf .M O~ I
4- I
Document Date: &'1 nO 1../~,i1.j~, Number of Pages: I
Signer(s) Other Than Named Above: f0/A
Capacity(ies) Claimed by Signer
Slgner's.Name:
1
1 o Individual Topotthumbl1ere
I o Corporate Officer-Title(s):
1 o Partne' -0 Limit~d 0 General
o Attorney-in-Fact
o T ,ustee
o Gl,!3.rdian or'Cbriservator
DOttier' I
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1 Signer'ls:Representing: 1
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(') 1999 National Notary IIssociillion; 9350 De SotoAve., p_o, 50x 2402 Chatsworth, CA 91313.2402' www,nationalootary.org Prod. No. 5907 Reordar:Ci!IIToll-Free1-800.B76.6827
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44'60
CERTIFICATE OF ACC~PTANCE
This is to certify thatthe interest in real property conveyed by the deed or grant
dated June 23, 2005 from BSM Properties, LLC to the City of Poway, Grantee, a
political corporation 'and/pr governmental agency is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to' authority
conferred by Resolution No. 34 adopted on January20, 1981 and the grantee consents
to recordation thereof by its duly'authorized officer
Dated September 7, 2005 CITY OF POWAY
Seal: By' ~~~
L. Diane Shea, City Clerk