Grant of Easement Water Lines & Appurtenances 1999-0609822
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RECORDING REQUESTED'BY
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:008 . .' 1999-0609822
CITY OF POWAY
Sep,03" 1999 8:28 AM
OFFICiAL; RECORDS
SAN;DIEGOiCOUNTY RECORDER'S'OFFlCE
GREGORY J. SlIITH, COUNTY RECORDER
FEES: 0.00
DC: NA.
AND WHEN RECORDEp MAIL TO'
213/0
CITY CLERK
CITY'OF POWAY
POBOX 789
POWAY, CA 92074
-, 111111 1111 III"~II i II 111111 II I r
1999,0609822
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N9;tralJ~f~r tax clue
APN 317~810-17
(This;space for Recorder's l,lse)
NO DOCUMENT TRANSFER TAX!) NO FEE
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GRANT OF EASEMENT
(WATER L1NES&.APPURTENANCES)
(801"01-378 WE)
Gordon S, Glazer,Tnlsteeof Gordon S, Glazer Livin'cjTrust dated June 10, 1997 {hE)reinafter
'!GRANTOR") hereby grants to CITY OF POWAY(hereinafter'''GRANTEE''), its successors, or
assigns, the following described easernentfora right-of'-waY'i,n, upon, over, under alJO across the
lands described in Exhil:Jit "A" and dep,icted in Exhibit "B", toerec;t, cpnsJruct, reconstruct, replace,
repair, mailJtain; and use a pipeline or pipelines for any and?1I pUrpOSE;lS, together with s.uch
fixtures and appurtenances, including but not limited to. facilities for power transnlission and
communication purposes, at such locations and elevations, upoQ; along, over andunderthe right-
of-way described below as GRANTEE may now or hereafter determine in its sole .discretion
without any additional compensation therefor, together with the r,ight of ingress and egres~'from
the easement by a practical route,orroutes in, upon, over, oracrqss the land describElcJ below.
togethenNith the right to use thiseCjsenlent for access to GRANTEE'S rights-of-way situated in
adjacent lands, without any additionaLcompensation 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:
LOT 40pF CITY QF POWAY TRACT NO 87-13, UNIT 1,IN THE CITY OF POWA Y,
COl!NTY OF SAN DIEGO, S'rAIE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO 12.556 FILED IN l:1'jE"OFFICEOf THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 8, 1990
Said easem_ent of rigbt"'of-way in the aforesaid land is partic:ularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
GRANJ0R, its heirs; successors and assigns shall not erect or'construct or permit to be erected
of'cQnstru"c!eg, any building, structure or improvement or plant any tree or trees or plant any other
vegetation or'f1orawithin said easement withoufthe express written approval of the City of Po way
as'"evidenced by the signature of the Ci ty Engi neer on an approved pl~~,~, '
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2:131
GRANTOR, its heirs, successors and assigns shall not dig, or drill any hole or wells on any portion
of the easement.
GRANTiEE may use,all gates and fences which,now, or later, cross Clny. portion ofthe easemer;lt.
GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush,orotber
vegetation or flora from time to time as GRANTEE determines in its sole discretion withoUt any
additional compensation
G"RANTOR agrees,that.no other easement or easements shall be granted on, under, or over this
easement without the prior written consent of GRANTEE.
GRAN1:EE, may at anytime increase its use of the easement, change the location of pipelines or
otherfacilitles within the boundaries of the easement right70f"way, or modify the size of existing
pipelines or other improvements as it may, determine in its sole discretion from time to timewithout
.paying any additional compensation to GRANTOR or GRANTOR'S heirs, successors, or assigns,
pit:ivided GRANTEE does not expand its use of the easement beyond the easement-boundaries
described above,
It is,,!lso ul'1derstood and agreed by the parties that the GRANTOR and the GRANTOR'S heirs,
successors, orassigns,.shall hot i,ncre"ase or decreaseiorpermifto be'increased'or decreased the
existing grouncj elevations of the agove described easement which exists at the time this
document is executed without obtaining the prior writtenconsentofthe GRANTEE,
In the event of , any dispute involving this Agreement, whetqer or not litigation is commenced, or
if any arbitration proceeding; administrative proceeding or litigCition in law or in equity, including
an action for declaratory reiief; isbroughUo enforce qr interpret-the provisions or performance of
this easement, the prevailing party shall. be entitled to an aW9rd qf: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.
GRANIOR expressly warrants and represents that GRANTGR has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this easement this
. A? (' , L , 1999
~
S day of
Gordo Lazer,-Trusteeofthe Gordon
S Glazer Living Trust dated June 10,
1997
'CALlFORNIA,.ALL-fiuRPqSE
,
Stateo!
COunty of
NOWLI::OGMENT
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2132
On ()J./; o~tli(ct~beforeme H~l'". Han'(I'
'DATE -- -' NAME, TlTLEOFOFFICER-E.G., .JANE.I?OE.~OTARYPUBLIC~
(,..llr~(lV1 g (lhz.er-.
'NAME(S) OF SIGNER{S)
o personally known'~o me - OR- j)iJ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowiedged to me that'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 entity upon behaif of which the
person(s) acted, executed the instrument.
personally appeared
~ . ".oiL"" 1
~. MOE HARlRI
~ t;lOTARY PUBLlC,CALlFORNIAfll
COMM; NO, 1153153 ~
. SAN DIEGO COUNTY
MY COMM.EXP, AUG, 25, 2001
WITNESS my hand and official seal.
~01AA~. -.-
SIGNATURE OF NOT MY
~tfi1
. '~OfTl~NAL SECTION-
CAPACITY CL8.IMEDc.oy SIGNER
~.~tUte~--~'reqlsi~,ttle No~'~
~~,~Iln_"t,!e data belo~._doing.so may. prove
''!1~uable to persons relying 00 the c:IoCUment
o INDIVIDUAL
o CORPORATE OFFCICER(S)
nn.E(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTO~r-:EY'IN-FACt
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
THIS CERTIFICATE MUST BE ATTACHED TO
TI-1EDOCUMENT OESCRIBED AT RIGHT
OPTIONAL SECTION.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
Though-the data'requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ,ABOVE
@1992 NATIONAL NOTARY AssOciA:nON. 8236 Remmel AVf)., P.o.8ox..i184. Canoga Park, CA 91309
,
On
before me;
NAME, TITLE OF OFFICER E G., JANE DOE, NOTARY pueuc.
':ALlFORNIA ALL.PURPOSE ACKNOWL1:DGMENT N"
~-'__':"'-S-__-...<-~__-.s..,>_<....,,;;,,,'.:,.~,_,,,-:>:.s.-.~-:-<....s.-"-"-'_"""'-_"':'._:--;""':"_-'--"c>-''''''''--''''"--::,.-:--''~-.~__,-:,-s.,>,......._-:,._'">-s..";"'~'-:;o~_-"~_'::-~-'-"S-_,:.....:_~_-..":"""""":"'.......~-.._~
, State of } _OPTIONAL SEcTi(j'N-
CAPACITY CLAIMED BY SIGNER
County of Though staMe dOes',not re,quirethe'Notary to,
fill in the data'below, doing.so'may prciv(!
invaluable to persons relying on the document:
o INDIVIDUAL
o CORPORATE OFFICER(S)
DATE
personally appeared
NAME(S) OF SlGNER(S)
o personally known tome - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/theyexecuted
.the, same in his/heiltheir authorized
capacity(,ies), and ihat by his/h'er/their
signatLire( s) on.the'instrument ,the .person(s),
or the entity upon :behaJf of 'which the
person(s) acted, executed.the instrument.
THIS CERTiFICATE MUST BEA TTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
Though l!lC data,requested hef~ I,s,no.\ required by law,
it coukl fXevent lraudulcnl reattachment of this 10m,.
WITNESS my hand'and official seal.
SIGNATURE OF NOTARY
T1TLE(S)
o PARTNER(S) 0 LlM'TED
o GENERAL
o ATTORNEY-IN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
DOTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(Sj'()f:Jo ENTITY(IES)
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUM6[,R OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER 1 HAN NAMED ABOVE
.
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CERTIFICA:rE OF ACCEPTANCE
This is to certify that the interest in real property conveyed'by the deed or grant'dated
~ !.. /'J.'l<J from,~t l:1/~ti/I/.
tb the CitY'.citPoway, a political corporationand/or governmental agency is hereby accepted
by the undersigned officer or agenton behalf of the City'Council pursuant to authority
conferred by Resolution No 34 adopted.on January 20,1981 and the granteec6nsents to
recordation thereof by its quly authorized officer
Dated ?-J-'9'Y'
.
By' 18'1;, ~ ~~..Q.~
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EXHIBIT A
LEGAL,DESCRIPTION
WATERLINE EASEMENT
(801-01-3.78 WE)
2134
AN EASEMENT FOR WATERLINE PURPOSES, 2000 FEET IN WIDTH OVER,
UNDER, ALONGAND ACROSS A PORTION OF LOT 40 OF CITY OF POWAY
TRACT87,13,UNIT1,iN~THECITY OF POWAY; COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCQRplNG TO MAP THERE0F NO 12556, FILED IN THE
OFFICEOF THE COUNT'{RECORDER OFSAN DIEGO COUNTY, .FEBRUARY 8,
1990 'TFIE CENTERLlNE'OF SAID EASEMENT IS GESCRIBED AS FOLLOWS.
COMMENCING AT THE:NORTHEAST CORNER OF'SAID LOT 40; THENCE SOUTH
00041 '00" EAST ALONGTHE'EASTERLY LINE OF SAID LOT, 211.57 FEET TO THE
SOUTHEAST'CORNER TIjE,REOF; BEINGA POINT ON.~.1475..50 FOOT RADIUS
CURVE, CONCAVE NORTHERLY, ALSO BEING THE NORTHERLY RIGHT_OF-WAY
L1NEOF DANIELSON STREET, THENCE WESTERLY ALONG SAID CURVE BEiNG
THE SOUTHERLY LINE OF SAID LOT 40 AND THENORTHERL Y RIGHT-OF-WAY
LINE OF DANIELSON STREET, THROUGH ACENTRAL ANGLEOF 04055'19", A
DISTANCE OF 126.75 FEE'rTO THE TRUE POINT OF BEGINNING; THENCE'
NORTH 04014'16" EAST 36,.02, FEET, THENCE NORTfil 8So45'54"WEST, 72:21 FEET'
TO THE WESTERLY LINE OF'SAID LOT 40, AL$O BEING,A POINT ON THE
EASTERLY RIGHT-Of-WAY LINE OF CROSTHWAITE CIRCLE.
SAID 20.00 FOOTEASEMENT'TO LIE 1000 FEET, ALRIGHT ANGLES ON EITHER
SIDE OF'THE.ABOVE DESCRIBED CENTERLINE. THE SIQELlNES OF SAID
EASEMENTSHALLBEGIN 0N THE SOUTH ,ON THE SOCiTHERL Y LINE OF SAID
tOT 40, ALSO BEINGTHENORTHERL Y RIGHT OF ,WAY .L1NE OFDANIELSON
STREET ALSO THE S ibi: liNES OF SAID EASEMENTSHALL TERMINATE ON THE
WESTON THE WESTERL YLlNE OF SAID LOT 40, ALSO BEING THE EASTERLY
RIGHT -OF-WAY LINE OF CROSTHWAITE CIRCLE.
z/:5/#
CHARLES R. DECK,
L.SA863
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EXH IBIT B
2135
WATER E:AS,E;MENT
IN LaT 40,
POWAV'1'RA(::T' B7-13 UNIT 1,
MAP NO. 12556
CITY OF
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