Grant of Easement Water Line & Appurtenances 2005-0442980
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.. RECORDING REQUESTE~'Y. CeC # 2005-0442980
fjp ,\ CIT~ OF POWAY i ill! IIII1 1111111111111111111111111111111111111111111111111111111111 '
MAY 26 2005 8'05 AM
~AND WHEN RECORDED MAIL TO: OFFIC.I."".L F:EuJi=:[IS
S,<..l,t'j l'IEGD cour'Jrl F,ECClR[IER":1 IJFFICE
.w CiFiEClOR'I.1 ;t..,tlTH,I_our.n'i F:EI_DFi[IER
CITY CLERK FFE", Ij,no
DC r'J.~
CITY OF POW A Y r-'/;'clES 4
POBOX 789 I IlIlil II!I! 11111 11111 11111 1111111111 11111 1111111111 11111 11111 11111 1111111111111
POWAY, CA 92074
(This space for Recorder's Use)
APN 317-111-13 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINE AND APPURTENANCES)
NO DOCUMENT TRANSFER TAX DUE
DORIS M. DOWNS, a widow (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, aGilities 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, ove~, 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, wthout any additional
compensation therefor
The land encompassing this easement is situated in the Cityot"Poway, County of San Diego, State of
California, and is more particularly described as follows, to wit:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF
NORTHEAST QUARTER DISTANT THEREON 336 66 FEET FROM THE SOUTHEAST
CORNER THEREOF SAID POINT BEING THE NORTHEAST CORNER OF LAND CONVEYED
TO CARLOS TAUNT AND WIFE, BY DEED RECORDED IN BOOK 1360, PAGE 188 OF
OFFICIAL RECORDS, THENCE NORTH 88055'30" WEST ALONG THE NORTHERLY LINE
OF TAUNT'S LAND, 328.77 FEET, THENCE NORTH 2052'28" EAST, 30000 FEETTO THE
TRUE POINT OF BEGINNING, THENCE SOUTH 88055'30" EAST, 328.77 FEET TO THE SAID
EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE
NORTH 2052'28" EAST ALONG SAID EAST LINE 373.32 FEET TO THE SOUTHEAST
CORNER OF LAND CONVEYED TO DAVID LESTER BY DEED RECORDED IN BOOK 3193,
PAGE 205 OF OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY LINE OF SAID
LESTER'S LAND NORTH 88052'15" WEST, 328.77 FEETTO A POINT ON A LINE THAT
BEARS NORTH.205i28" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH
2052'28" WEST ALONG SAID LINE 373.67 FEETTO THE TRUE POINT OF BEGINNING
Said easement of right-of-way in the aforesaid land is particularly described as follows:
THE SOUTHERLY 30 00 FEET OF THE WESTERLY 53.11 FEET OF THE ABOVE
DESCRIBED LAND
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GRANT<?R, ';Js heirs; suc.cessorsand ~ssigns shall not erector constructor permit to be erected or
constructed, any building, 'structure or improvernent or plant any tre.e'ortreesor [Jlantany other
vegetationorflorawithin saideaserl)erit'without the express written approval of the City of Poway as
evidenced. by the signature.of the City Engineer on an approVed pla(1. GRANTOR, its heirs, successors
and assignsishall not dig or drill ar;Jy'holeo(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 tri.rn,c;ut, or clear away or remove any trees, brush, or other
vegetationor.f1ora 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, rnayat anytirne increase its use of the easement, change the location of pipelines or other
facilities within the boundaries of the' easement rightcof-way, or modifY the size of existing pipelines or
other improvements as it may determine in its sole discretion from tirne to time wthout paying any
additional, compensation to GRANTOR or GRANTOR'S heirs, successors, or assigns, provided
GRANTEE does not expand its use Qfthe easernent 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, orif 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 attomey's fees and the costs of the proceeding, which
shall be determined by the court orthe 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.
~~S WHEREOF, the GRANTOR has executed this easement this .tl ~ day of
~M~ ,2005.
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DORIS M. DOWNS
(Signatures must be notarized)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
R
State.of California l ss.
County of CaY\. d) / e~'O
On Z,Z r-:eJ ,61 before me, 5f\HCllrf1. ShAh
r Date , Name andlitl~ 01 Officer (e.g., "Jane Doe, Notary Public")
personally appeared fro1VI.6 . {Y\ ~()IJN5
ame(~)ofSigner($)
~nallY known tome
. roved to me on the basis of satisfactory
evidence
to be the. person(,t) whose namel6) is/~
subscribed .to the within instrument and
(~ - - - ~ - -smG~5"".wi - ~ J acknowledged tomethat)'tl/she!Jll6y executed
thesam's' in ~s/her/~r authorized
~ Commission #1449260 c~pacity~, and that by ~/her/\belf
~ ...,; . Notary Public. CaJllornia ~
slgnaturelll1,on the Instrument the person~, or
. San Diego County the entity upon behalf of which the perso')l<l)
My Comm.'.Explres Noy. 4. 2qO~ acted, executed the instrument.
WITNESS my hand and official seal.
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OPTIONAL
Though/he information below is n~lIeqUlred by .'aw,it may prove valuable ~q P~rSq,!s.!~lying o the document and Could prevent
fraudu(ef}tr8..rT}oyal and reattachment of this form 10 another document.
Description of Attached Document
Title or Type of Document: G-(l 11 I'lT Or f:i ItS t? (Y1 E NT
Document Date: 2- ZZ-a( Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
~iVidual Top of thumb here
D Corporate. Officer -Tltle(s):
D Partner - D Limited D General
D Attorney.in.Fact
D Trustee
[ o Guardian or Conservator
D Other'
Signer Is Representing:
@ 19'99 National Nolar)' Association. 9350 De Solo AVfiJ., P.D. Box 2402' Chatsworth, CA 91313 2402' www,nalionalnotary.org Proo_No.S907 Raorder:CailTolI.Free 1-800-876-6827
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CERTIFICATE OF ACCEPTANCE
This is to certifY that the interest in real property conveyed by the deed or grant
dated: February 22, 2005 from Doris M. Downs, Grantors, to the City of Poway,
Grantee, a political corporatiori and/or governmental agency, is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
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conferred by Resolution No 34 adopted on January 20,1981, and the grantee consents
to recordation thereof by its duly authorized officer
Dated May 25, 2005 CITY OF POWAY
Seal: -, '..... By' ?I:~
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