Grant of Easement Water and/or Sewer Pipelines and Appurtenances 2001-0045074
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RECORDING-REQUESTED BY
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, CITY OF POW~ Y
M'D WHEN RECORDED MAIL TO
CITY CLERK
fpOo CITY OF POW A Y
. ,. PO BOX 789
\ ,\~ POWAY, CA 92074
~ transfer tax due
~'~hiS document affects APN
Jan 26. 2001 8:00 AM
OFFICIAL RECORDS
SAN'DIEGO COUNTY RECORDElI'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER
,- "" II II If " "" ""III """~ ~~ 3O,~
2001-0045074
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l!t99
DOC' 2001-0045074
317-122-80,44
GRANT OF EASEMENT
\.VATER AND / OR SEWER PIPELINES AND.APPURTENANCES
. . . DOCUMENTARYTRANSFERTAXSlc9-
RICK E, FUt TON AND SUSAN M. ARNOLD. HUSBAND AND WJFE AS JOINT TENAL'\1TS.
(heremafter "GRANTOR") hereby grants to CITY OF POWA Y (here:nafter"GRANTEE") its successors, or
assigns, the following'described easement for a right-of-way 30 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 pipelines for any and all purposes, together with such fixtures and appurtenances, at such locations and
e!e"ations, upon, a!or.g. over and under the right-of-way described beiow.at GRANTEE may now'or hereafter
ddcrmme in its sole discretion wIthout any additional compensation therefor together with the right of
ingress and egress fi'om the easement by a practical route or routes in, upon, over or across the land described
below together witinhe nght to use thjs easement for access to GRANTEE s right-of-way sItuated in
adjacent lands, wIthout any additIonal compensation therefor
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TheOoland encompassing thIS easement is situated in the County of San DIego, State of Cali forma. and ]S more
particularly described as follows, to wit:
TH.~T PORTION OF THE'NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
-,13 TOWN~J-IlP ]4 SOUTH, RANGE.2 WEST AND THAT PORTION OF LOT I (NORTHWEST
-.QUARTER OF THE NORTHWEST QUARTER) OF SECTION 18, TOWNSHIP 14 SOUTH. RANGE!
. WEST SAN BERNA..tzDINO l'vtf':RlDIAN.. ALL BEING.IN THE COUNTY OF SAN DIEGO, 5T ,\ TE OF
6.L1F0RN1A, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER 11, 1879
Said casement of right-6f_wayin the aforesaId lands is particularly described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, THENCE,
ALGNGTHE WESTERL YLINE THEREOF NORTH 0205] '20" EAST, 337 77 FEET THENCE, SOUTH
8805 ]'30" EASt, 995 15 FEET TO A POINT IN THE CENTER LINE OF THAT CERTAIN 6000 FOOT
STRIP OF LAi'lD SHOWN ON RECORD OF SURVEY MAP NO 3485, AS "EASEtv1ENTS RESERVED
FOR ROAD;" THENCE,ALONG SAID CENTER LINE,SOUXHO]008'30" WEST, 8000 FEET, TO THE
pOINrOF ENDING
Thl; document wa: filed lot recording. by
FIDELITY NATIONAL IDLE INS~RANCE
COMPANY as &n ,ACCOMMODA lION ONLY,
ttOo has nolt4en examined as to ns
exoGution or as 10 i1s effect upon the
tiile or hs lealrdabilny.
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1200
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GRANTOR, its heirs, successors and assigns shall not erect or construct or permIt to be erected or,
constructed any building, stmcture or unpro\Cement or pla[1t any'tree or trees or plant any other vegetatIOn or
tlora withm said easement WIthout the express written. approval of the City of Poway as evidenced by the
signature of the Director of Engineering Services on an approved plan, GRAt\fTOR, 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 detenmnes 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 written consent of GRANTEE.
GRANTEE. may at any lime increase its use of the easement, change the locatIOn of pipelines, or other
facilitIes withm the boundaries of the easement right-of-way, or modify the size of existmg pIpelines or other
improvements asit may-determine in its sole discretion from time to time without paying any additional
compensatlOnJo 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 wluch exists at the time this document is executed WIthout obtainmg the pnor
written consent of the GRANTEE.
In the event of any dispute mvolving this Agreement, whether or not litigation is commenced, onf any
arliltnltlon proceeding, admimstrative proceeding or litigation in law or ineqUIty, including an action for
declaratoryrelie~ 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, ,vhich shall
be determined by the court or the presiding officer having authority to make tIus determination,
GRANTOR expressly warrants andrepresents that GRAt'\fTOR has the power to grant this easement m
accordance WIth ItS terms,
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 2.'0""" day of~v
19c9
\21 C~,
RICK E, FULTON
~r .Y\
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SUSAN M, ARJ'IOLD
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(Signatures must be notarized, Notary fonn
attached)
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NOTTD SCALE
SEVER EASEMENT PLAT
APN .317~122~79
APN 317-122-44
APN 317-122-80
APN 31?-122-59
~ --INDICATES AREA.
BEING GRANTED
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CALIFORNIA ALL.IPURPOSEACK.NOlNU::DGMENT
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@.1997NationaINotaryAssociatlon . 9350 De SOlo AYe",P.o.,B~~ 2402. dh8.ts':"orth, CA .e;3'{4.'2402 .- Prod./~o.' 5907 Reorder: Call ToHree '-800-876-6827
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On/l!(Jvi'.J7Jb.e.-l.-SI'J<;f: ,before me, CU~'\)\'ll-L ;z,lNCvr C,(LL
Dale / Name and Title"of Officeqe,g" "Jane Doe; Notary Public")
personally appeared IhcK' <i <[Dw I'tR \) FO" T tJN av..4f :5USfH.( IhIt-'/zlc fJ.~N".LP
Name(s) ofS;gner(s)
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GJ per<"n~ll\, knowfl4e-me
o proved 10 me on the basis
evidence
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ii, -OFFICIAL'SEAL
r / :-" . GURDIAL SINGH GilL
,,' ',1::, ' ' ' NOT ARYPtJ,' BLlC, .,'CALlE, ORNIA~
, h co. . COMM. NO.,1142419 .;.
" \ ", 'SANOIEGO'COUNTY
',: '.;,~..' MY,COMM"EXP, JUNE"IB,2001
to be the person(s) 'whose name(s) is/are
subscribed to tile within instrument and
acknowledged to meJhat he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entifyupon behalf of which the person(s)
acted, executed the' instrument.
my hand and official seal.
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Place Notary Seal Above
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, -OpTIONAL
Though the informationbe/()wJs not, required by law, it may prove'.vajuable,~to personsrefyingon'the document
and could prevent)r'ciuduferiUemoval and reattachmerit,ot.rhi~~~6rm to another document.
Description of Attached Document
Title or Type of Document ,(", YQ" t-
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Document Date: 1/ "~Y-'9r
Signer(s) Other Than N.?~.e(tAboy~:
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'Capacity(ies) Claimed by'Signer
Signer's Name:
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o Individual
.0 Corporaie,Officer~ Title(s):
o Partn,er ~ tJ Limi1ed 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
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Signer IsRepresentIng:
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