Grant of Easement Sewer Lines & Appurtenances 2003-0044682
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.. DOC # 2003-0044682
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RECORDING REQUESTED BY. ) JAN 14.
) 2003 10:05 AM
CITY OF POWAY ) OFFICIAl. RECORDS
-c)~ ) SAIl DIEGO COUNTY RECORIlER'S OFFICE
~ ~ f AND WHEN RECORDED MAIL TO' ) ImORV J. !ilITH. rnoov RElDRDER
FEES: 0.00
I ()i)J CITY CLERK l DC: NA
I CITY OF POWAY ) r-I 1111111111111111 111111111111111 11111 111111111111111 1111 11111111111111
R,O BOX 789 )
POWAY, CA 92074 ) , '1~1 ' I ~.,' 200370044682 \. I I
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No transfer tax due ) (This space for Recorder's Use)
Tax Parcel No, 275-720-36 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES)
SE 801-04-261
VERNON LEWIS SYLVESTER AND LOUANN S SYLVESTER, CO-TRUSTEES OF THE
SYLVESTER FAMILY TRUST AGREEMENT DATED MARCH 11, 1992, (hereinafter
"GRANTORS") herepy grant to CITY OF POWA Y (hereinafter "GRANTEE") its successors,
or assigns, the following described easement for a right-of-way in, upon, over, under and
across the lands described in Exhibit "A" and as depicted in Exhibit "B," 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 in Exhibit "A" 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
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 easement is situated in the County of SAN DIEGO, State of ~
Californi~, and is more particularly described as follows, to wit:
GRANTORS, their 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 ariy other vegetation or'f1ora within said ~asement without the express: written
approval of the City of Poway as evidenced by the signature of the City Engineer on an
approved plan, GRANTORS, their heirs, successors and assigns shall not dig or drill any
hole or wells on ar:lY 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. GRANTEEshall.also be entitled to trim, cut, or clear away or remove any trees,
brush, or'othe'lr yegetation or'f1ora from time to time as GRANTEE determir:les in its sole
discretion without any additional compensation,
GRANTORS agree 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 al'1Y 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 compensation to GRANTORS
or GRANTORS'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 GRANTORS and the GRANTORS'
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 broyght 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,
GRANTORS expressly warrant'and represent that GRANTORS have the power to grant
this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement this
day of / I~ ;:) /.7 ,20 II/).
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(Signatures must be notarized.
Notary form attached)
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C~L1FORNIA ALL'PURPOSE ACKNOWLEDGMENT
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I State of California } ss ) ,
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County of 5//4/ I
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Date NameandTI eo! IC (e.g,. ane Doe. NOlary Public"
I personally appeared //-?rtJ/L)I/ Lit"ttll ~ >~LI/~)'fYr Lttu./lI//,v -s: J/tWi:!(!z1'J ':
\ ame(s)ofSlgnel(s) I
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~ proved to me on the basis of satisfactory ,]
evidence
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I PATRICIA PAULSON to be the person(s) whose name(s) islare I
I. e Commission.I355185 z subscribed to the within instrument and ,)
I ~: Notary 'Public - California ~ acknowledged to me that he/she/they executed ~
I' z. San DiogO County the same in his/her/their authorized I
I, i _ _ _ "MyComm.ElcpiresMay5,2006 capacity(ies), and that by his/her/their I
I. signature(s) on the instrument the person(s), or d
I the entity upon behalf of which the person(s) I
acted, executed the instrument. I
[, WITNESS my hand and official seal. 'I
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Though the information below is not required by law. it may prove valuable fopersons relying on the document and could pre'lent
fraudulent removal and reattachment of this form to another document. 'I
i' Description of Attached Document "
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f: 1itle or Type of Document:
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I' Signer(s) Other Than Named Above: ,I
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Capacity(ies) Claimed by Signer I
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EXHIBIT "A"
THE SYLVESTER FAMILY TRUST AGREEMENT DATED MARCH 11, 1992
LEGAL DESCRIPTlo.N
SEWER EASEMENT
SE 801-04-261
ALL THAT PORTlo.N o.F PARCEL 85 o.F RECORD o.F SURVEY MAP NO. 4253, FILED IN THE
OFFICE o.F THE Co.UNTY RECo.RDER o.F SAN DIEGO. Co.UNTY, BEING A Po.RTION o.F
Lo.T 4 IN SECTlo.N 30, To.WNSHIP 13 So.UTH, RANGE 1 WEST, SAN BERNARDINO. BASE
ANp MERIDIAN, IN THE CITY o.F Po.WAY, Co.UNTY o.F SAN DIEGO., STATE o.F
CALlFo.RNIA,. ACCORDING T() UNITED STATES Go.VERNMENT SURVEY THEREo.F AS
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DESCRIBED IN DEEDTO VE~NON LEWIS SYLVESTER AND Lo.UANN S. SYLVESTER, Co.-
TRUSTEES OF TtiE SYLVESTER FAMILY TRUST AGREEMENT DATED MARCH 11, 1992,
RECo.RDED MARCH 18, 19~21}S Do.CUMENT NO. 1992-0149610 o.Fo.FFICIAL RECORDS,
BEING A STRIP o.F LAND 20.00 FEET WIDE LYING 10 00 FEET o.N EACH SIDE o.F AND
PARALLEL WITH THE FOlLOWING DESCRIBED CENTERLINE.
BEGINNING AT A Po.lNT o.N THE No.RTHEASTERL Y LINE o.F SAID SYLVESTER LAND
DISTANT THEREo.N So.UTH 48027'53" EAST 2647 FEET FROM THE Mo.ST No.RTHERL Y
Co.RNER THEREo.F, THENCE LEAVING SAID No.RTHEASTERL Y LINE ALONG' SAID
CENTERLINE So.UTH 2054'53" WEST 8.96 FEET, THENCESo.UTH 43033'56" EAST 3513
FEET TO. A LINE THAT IS PARALLEL WITH AND 1000 FEET So.UJHWESTERL Y OF SAID
No.RTHEASTERL Y LINE, THENCE ALo.NG SAID PARALLEL LINE, So.UTH 48027'53" EAST
352.63 FEET TO. A Po.lNT ON THE So.UTHERL Y LINE OF SAID SYLVESTER 'LAND, SAID
Po.lNT BEARS No.RTH 88053'53" WEST 1542 FEET FROM THE So.UTHEAST Co.RNER
THEREo.F
THE SIDELINES o.F SAID STRIP o.F LAND SHALL BE LENGTHENED o.R SHo.RTENED TO.
TERMINATE No.RTHERL Y WITH SAID No.RTHEASTERL Y LINE AND So.UTHEASTERL Y
WITH SAID SOUTHERLY LINE
SEE EXHIBIT "B" ATTACHED HERETO. AND BY THIS REFERENCE MADEA PART HEREo.F
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'r EXHIBIT 7634
THE SYL~ESTER FAMILY TRUST
AGREEMENT DATED MARCH 11. 1992
''-N-
J ~ EASEMENT FOR ROAD INGRESS AND EGRESS AND UTILITIES
RECORDED 3/31/60 AS FILE NO 56009 OF OFFICIAL RECORDS.
~ EASEMENT FOR PIPELINES IN FAVOR OF POWAY MUNICIPAL WATER
DISTRICT RECORDED 1/26/79 AS FILE NO 79-040521 OF OFFICIAL
RECORDS
@ EASEMENT FOR ROAD AND UTILITIES IN FAVOR OF JAMES A, HERAS,
P.oB. ET UX, RECORDED 6/13/88 AS FILE NO 8B-279B64 OF OFFICIAL
RECORDS
N.2 '54 '54 "E. @. EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF SAN DIEGO GAS AND
8.96'
S 43 '33 '56 "E. ELECTRIC COMPANY RECORDED 11/30/90 AS FILE NO 1990-0638341
35,13' OF OFFICIAL RECORDS.
---- PORTION OF PARCEL 85
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PORTION OF PARCEL 85
~ RD.S MAP NO. 4253
\-10'
\ APN 275-720-36
S.88 '53'53 "E 312.00'
1542
SEWER EASEMENT PLAT
SE 801-04-261
1"=50' t SPEAR & ASSOCIATES, INC. ~ ~~
SCALE , 99-141SW
10/26/99 CIVIL ENGINEERING AND LAND SURVEYING
DATE
1115 E. PENNSYLVANIA AVE. ESCOMJlDO. CA 92025 PAGE 1 OF 1
ilR'l. TEP a<. RJS (760) 737-7272 " FAX (760) 737-7274'
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CERTIFICATE OF ACCEPTANCE
This IS to certify thatthe interest in real property conveyed by the deed or grant dated
November 26, 2002 from Vernon Lewis Sylvester and Louann S
Sylvester, Co-Trustees ofthe Sylvester Family Trust Agreement dated March 11,
1992, to the City of Poway, a political corporation and/or 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 January 20, 1981,
and the grantee consents to recordation thereof by its duly authorized officer.
Dated Janua ry 3, 2003 By' q~J Q~~~l~~
Lori Anne.Peoples, City Clerk