Grant of Easement Sewer Lines, Storm Drain Lines & Appurtenances 2004-0933991
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'. "~RECORDING REQUESTED BY
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CITY OF POWAY OCT 01, 2004 8'50 AM
nFFICI.I.J,L RECnFr[I':
AND WHEN RECORDED MAIL TO' -,.:.:.N D\EGU ':'DUHT\ F',ECOR[IEP."= ,]Fr!l:E
C1F:EC;DI--i'1 .1 :,~..'1ITH cour,n', r:,ECUR[IEF:
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CITY CLERK P':':,I:iE': E-
CiTY OF POWAY &f+ 11111111111111111111111111111111111111111111111111111111111111111111111111111111
PO BOX 789 'Nt
POWAY CA 92074 O~A
No.transfer. tax due tcqt) (This space for Recorder's Use)
Tax Parcel No. 314-192-50 NO DOCUMENT TRANSFER TAX NO FEE
GRANJ OF EASEMENT
(SEWER LINES, STORM DRAIN LINES & APPURTENANCES)
EA 03-15
DOROTHY K. APPLEBY, TRUSTEE OF THE DOROTHY K. APPLEBY 1999 TRUST
DTD DECEMBER 14, 1999 (hereinafter "GRANTOR"), hereby grants to the CITY OF
POWAY (hereinafter "GRANJEE"), its successors, or assigns, the following described
easement for a right-of-way, in, upsm, over, under, and' across the lands described in
Exhibit '''A,'' and depicted iriExhibit "B," to erect, construct; reconstruct, replClce, repair,
maintain, and use a pipeline or pipelines for any and all purposes, together with sLich
fixtures and'appurtenances, including, but not limited to, facilities for power transmission
and communication purposes, at such locations and elevations, upon, along, over, and
Linder the right-of"way de"cribed[n Exhibit "A" as GRANTEE may now or hereafter
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determine in its sole discietion withbut any additional compensation therefor, together
with the right of ingress and egress from the easement bya 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,easernent is situated in the County of San Diego, State of
California, and is more particularly;described as follows, to Wit:
A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
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COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
DEED TO BRUCEA. APpLEBY AND DOROTHY KENT APPLEBY
RECORDED MARCH 29, 1967, AT THE COUNTY RECORDER OFFICE
OF THE eOUNTY OF SAN DIEGO AS FILE/PAGE NO 42878
GRANTOR, its heir, successors .and assigns sheW notereet 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 Hie City of Poway as evidenced by the signature of the Director of
~ [,)'-1, 1.55
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Develppmen( Servicf;ls on an approved plan. GRANT0R; its heirs, successors and
assigns shall OClt;dig or dfHlany,'tioleor wells on any portion,oHhe easement.
GRANTEE may use .ail gates and fences, which,ribwdHater, cross any portion of the
easement. GR.A:NTEE 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 obtalriiAg the prior written cOhsent 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 G9mpensatioh 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 iOIgreed by the parties that the GRANTOR and the
GRANTOR'S heirs, sUCCeSS9r~. or assigns, shall not inCre,ase or d~crease or permit to
be increased or decreased th'e existing ground eleyatioi1sof the above described
easement which existsatJhe time this document is executed without obtaining the prior
written consent of the GRANTEE.
In the event of any d!~p'ute iilvolving this AgreemEiht, 'whether or not litigation is
commenced, or if any arbitration proceeding, adminisffative proceeding, or litigatioh 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 !..-)~ day
of SA",ff>.rnbt3v ,2004
,
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'DOROT' " KJ\.PP '.BY, RUSTEE OFTHE
DOROTAXK APPLEBY 1999 TRUST DID
DECEMBER 14,1999
By1X4~ Iltl/i/ ~)
M:\engserv\eng fcirrTls\~asemerits\grant of easement EA' 03-15.doc
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CALIFORNIA A'I...L"P.URPOSE A'CKNOWLEDGMENT
State of (/Lbf<'071./ ;q:
County of 8/Y/Y7 ])/ "(/0
On 1 / lr;~,f:I before me, -
personally appeared '])r, RI) TI..,y kFA,J -r Af'PLEt) V
/ Name{s\ 'Of S\gner(gf
EI pOrsOR~I'y knO\,I, tv ",e - OR -~ved to me on the basis of satisfaCtory evidence to bMhe person(s)
whose name(s@Eiresubscribed to the within. instrument
and acknowledged'to nie that hel@they executed the
same in his@/theirauthorized ca.pacity(.iesr,and that by
~ - - - - - ~ - - - - - ( his@heirsignature(s),on the instrument,the person(s),
.I JASPAlGILL or the entity upon behalf of which the person(s) acted,
COMM. #1371629 ~
~ NOTARY.PU8L1C-GAuFoRNrA, ..... executed the instrument.
. SAN DIEGO COUNTY m
... ,.;J"'" _ _ ~v~m~'~lr~~ust~4,:006.... ( WITNESS my hand and official seal.
) ^ '~. ~ ^ - ^ JA;PALGILL~ ^ ^ ( "
~@ . COMM, #1371629 ~
(,.) Q'i::;tt, , NOTARY PUBUC-CAUFORNtA .....
co ' S(\N DIEGO COUNTY en
) My Comm: Expires August 24, 2006 (
- - - ~ - - - .... .... - .... - -
OPT! NA
Though the information below is notrequired by law, it may prove valuabfe10 persons, relying on the document and coufd prevent
fraudulent removal and reattachment of this .form to '"another document.
Description of Attached Document
Title or Type .of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Tille(s): Title(s):
o Partner - 0 Limited 0 General o Partner -E]Limited 0 General
o Attorney'in,Fact o AttorneyCincFact
o Trustee o Trustee'
o Guardian or Conservator o Guardian or Conservator
o Other' Top of Ihumbhere o Other' Top 01 thumb here
I Signer Is Representing: Signer Is Representing:
I
C 1994 National Notary Assocla~n. 6236 Remmel Ave., P.O. Box 71"a4'~ &noga .Park, CA91309-7184 prod. 'N~. 5907 Reorder: Call Toll-Free 1-800-876-e827
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EXHIBIT' A'
SEWER AND DRAINAGE EASEMENT
EA 03-15
A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN.BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TODE.E::DTO BRUCE A.
APPLEBY AND DOROTHY KENT APPLEBY RECORbEDJ\1ARCH 29, 1967 AT
THE COUNTY RECORDER;OFFICE OF THE COUNTY'OFSAN DIEGO AS
FILEIPAGENO 42878, DESCRIBED AS FOLLOWS
COMMENCING AT A POINT IN WESTERLY LINE OF SAID EAST HALE OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUA'RTERDISTANCE THEREON
SOUTH 00022'-10" EAST 515I8.FEET FROM THENORTH\VEST CORNER
THEREOF, THENCE AL0NGTHE NORTHERLY LINE OFSAlD DEED NORTH
89037'50" EAST, 312.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
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SOUTHOo020'50" EAST 199.99"FEET, THENCE NORTH 89039'10" EAST, 20:00
FEET;, THENCE ALONGTHEEASTERL Y LINE OF SAID DEED NORTH 00020'50"
WEST, 200;00 FEET, niENCE'ALONGSAID NORTHERLY LINE SOUTH
89037'50" WEST, 20.00FEETTO THE TRUE POINT OFBEGINNING
TOTAL AREA IS 4,000 SQUARE. FEET, MORE OR LESS.
PREPARED BY.
~~.:j$v, ~~t'8--t2f-
WILLIAM: . YEN,RCE 33730
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. Co
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EXHIBIT 'B'
SEWER AND DRAINAGE EASEMENT
EA 03 - 1'5
I-CL TWIN PEAKS ROAD <"'r(" -J
... ~~ ~:; j? ~I-
,or----. 0L......... -'-' "'"
~"lO to '
~:~ ~
~;*.... .q-
.0 ~ 'NW CORNER, E1 /2, ~
."".0.. NE1/4, NE1/4 OF SEC 12 0..
~< <
W'LY LINE E1{2, NE'1/4 ~ ':::?, j\;j;..\P -]'4787 :::?,
NE1/40F S C 120ffi ffi
I ~.o.. T.p.a.B. 0..
IN. \ -
b :3 (N89'37'SO"E 332.00') ~
\ 0 . ... I.
,___ 2S~--- (33197' PER MAP 14767) -i---,~
(~ , 312.00' - ~
-- I' --
0 I
L{)
II
= SEWER &: DRAINAGE
~
W EASEMENT DEDICATED --
w. _ "
...J HEREON,
< AREA, '4,000 S.F
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VJ EXISTING EASEMENTS:
1 ;-..
1 --------------------- ,co
~ DD#l PUBLIC UTILITY ESM'T TO Ol
-to
SDG&E PER BK 1823, PG 424 01')
~ ql')
"'"' REC. 11-10-1930 .0 0
.. 0 DD#2 PUBLIC UTILITY ESM'T TO L{) , 0:;:
LINE DATA I') . N-
O SDG&E PER BK1823, PG 426 0 I 0
--------------- 0 N L{)
L 1: N89:37'SO"E 2000' .q- REC. 11-10-1930 b 0
0 N
L2. N89'39'lci"E, 20.00' ~ DD#3 PUBLIC UTILITY ESM'T TO z b
L3 NOO'20'SO"E 136.98' SDG&E PER F /N ,80-103489 DD# 3 0
0 z
~ REC. 3-26-1980 ~
N
N
b
0 DD#S' 1 & 2 I
z
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75' 49' 40"V/
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LEGEND:
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( ) REPRESENTS RECORD AND MEASURED DATA PER F/P
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42878 REC. 3/29/1967 UNLESS OTHERWISE NOTED
I2Z2LI INQICATED SEWER & DRAINAGE EASEMENT DEDICATED wa0314
HEREON
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant,
dated: September 15, 2004, by Dorothy K, Appleby, Trustee of the Dorothy K, Appleby
1999 Trust dtd December 19, 1999, Grantor, to the City of Poway, Grantee, a political
corporation and/or governmental agency is hereby accepte'd by the undersigned officer
or agent on behalf of the City Council pursuant to authority conferred by Resolution No
34 adopted on January 20, 1.981 and the grantee consents to recordation thereof by its
duly authorized officer
Dated September 30, 2004 CITY OF POWAY
By'
Seal: