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Grant of Easement Water Lines & Appurtenances 1999-0609822 '" ", . , .' · ~:'.. .NO~? - ~wS':t-oV"(;v't; RECORDING REQUESTED'BY P{f fEr (JY 'A eO p~ fl .._--,_."..... ...... _.. --- .- , " :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 " N9;tralJ~f~r tax clue APN 317~810-17 (This;space for Recorder's l,lse) NO DOCUMENT TRANSFER TAX!) NO FEE d(j"rctc~ " 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~~,~, ' ,t(~" .~d.hl . ..'~~~, ... . . 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 } 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 . . 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.~ " '. . 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 ;,... . . 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 . o N II . N : ...J 4( U IJ) /10 . ~ t-() " .l/l 'IJ' 1'-<\1 " 0 e4, <; \9 ! II' /0' " ..J~ /3"< :,.' . 0 .s, B8.4/.'OZ"E. 1'80,01' LOT 46 MAP 1.255'8 -. . a .. "'0 ~I , ,... .' . _ }z.<?1 i ~~&4,:,~,.. H < 85 45''34'",- :r . L ;/0 'OENER,lfl . ~ . UTl~/TyesM!7 '---- 'W, ,ot?R MrlP _____- o /2c'5'5 " al " CJ. /3 'GDcd E ESM'T. ,oE"R~.IV ~/-dJ&84~/!O.R: REC, Z-13-!!j/ , !? , :\l . " i4J ". w/'~ (J , "'I} ~~I~ _J ,r ~l DA ""ELSa i,tS-T. r; p c:u3 do E, c"""~ Ct:JT 40 I I I . "'- \J' 1lJ- . ~ ~.~ " 1'1} I I~ v) ~ - - '--1- R=/475.50:]' t:. =/2{o 75' L1=0405G'/~" ~_.