Grant of Easement Water Lines & Appurtenances 1997-0612853
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DO~ 1997-0612853
CITY OF POW A Y
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Dee 04. 1997 12:40 PM
OFFICIri.. RErolDS
!Wl DIElAIlIDlTV REa:mR'S OfFICE
GREGffiV J. SMITH. ccorrv RECORDER
FEES: 0.00
DC: NA
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POW A Y
P.O. BOX 789
POWAY,CA 92074
IIIIIII \111\ \11\11111\ II~m'l~l~ 1111\ 1111\ IIIII III! 111\
No transfer tax due
Tax Parcel No.3! 7-270-24
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~hiS space for Recorder's Use)
NO DOCUMENT TR.<\NSFER TAX
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
(WE 801-01-318)
Michael Scott Gordon (hereinafter "GRANTOR") hereby grants to CITY OF POW A Y
(hereinafter "GRANTEE") its successors, or assigns, the following described easement for a
right-of-way in width, in, upon, over, under and across the lands described in Exhibit "A" and
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 fDr 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 by a
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
California, and is more particularly described as follows, to wit:
Lot 69 of Po way Tract No, 85-04 Unit 2, Map No. 12572 filed in the Office of the
County Recorder of San Diego County, February 28,1990 as File No. 90-107515
GRANTOR, its 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 any other
vegetation or flora within 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. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any
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.
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 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 obtaining the prior written consent 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 cDmpensation 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 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 which exists at the 1ime 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 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
easemen1 in accordance with its terms,
IN WI1l{J-SS WHEREOF, the GRANTOR has executed this Easement this
<..' ,193I,
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, 11...
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//~ day of
1ff1~hDlI IYnrd."
This is to certify tIIIt the interest In leal propIIty CIIIlI.:yed
by thl deed orlrant dIIed (1-11-'11 hIP
ft\; vh" e \ Go ,-<l~ IlItheCi!J
of POWl,. , ~iliaI alfP(lIJtlolllSdllll (OIIInlM1ltll IptlCJ
is 1Ien!~1 z~ ., tIIIl/ld!nl(1led officer OIIiMt oat>>-
IIIlf If till Cllt c..cn pmsuant to luttlori!y coofl:lled .,
Rmlltioll III .. 1t.lptt..1 CIl January 20. 1m lAd tile
&110M alii_it rewrG.ltion therllOf ~ III .... .......t.A
officw,
(Signatures must be notarized, Notary form attached,)
Dtted: \::t - 3 -"il
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'A~i-PURPOSE ACKNO"EDGMENT
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, r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. -.,
i State of California } i
, County of S o.,,-cl.- ()O 88. ,
i On -~. h 1Iu:;- /<Jc;7 before me, <hI! Rb 1I't-t.. S/Nlt;H' 611.-L i
~ (DATE) (NOTARY)
i personally appeared MICHi'H/..-. <;CDTT (!.o~O{)N i
, SIGNER(5)'
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t 0 .pE'r<nnolly knn",n tEl me - OR- rn 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 ,
. acknowledged to me that helshe/they executed .
, r - - - -1 the same in his/herltheir authorized t
~"... OFFICIAL SEAL ,. d h h' /h / h '
,. ..... .-.. ,GURDIAL SINGH GILL ~ capaCllY(les), an t at by IS er t elf ,.
;;. . NOTARYPUBLlC.CALlFORNIAijl signature(s) on the instrument the person(s),
Ii' . . COMM. NO. 1142419 -
, l' . SAN DIEGO COUNTY j or the entity upon behalf of which the ,
' .' .M_Y COMM. EXP.JUNE 18, 2(Xj1
· _ __ . _ pcrson(s) acted. executed the instrument. .
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WITNESS my hand and official seal. i
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, NUMBER OF PAGES ,
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, RIGHT THUMBPRINT ,
, SIGNER IS REPRESENTING: i!
i NAME OP PER~~S!::~:xr:) SI~~ER! ,
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L._._._._._._._. _._._._. _._.~._._._..-J
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NOTARY'S SIGNATURE
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OPTIONAL INFORMATION
The information below is nol required by law. However, il could prevent fraudulent allachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
G.. o<'\v...1r ~ ~~4</t-
TITLE OR T E OF DOCUMENT
TITLE(S)
AP A 5/97
VALLEY.SIERRA, 800-362-3369
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WATER EASEMENT ON LOT 69 APRICORN
AN EASEMENT FOR WATER FACILITIES AND APPURTENANCES, TOGETHER WITH
THE RIGHT OF INGRESS AND EGRESS ACROSS A PORTION OF LOT 69 OF
POWAY TRACT 85-04, UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 12572,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 28, 1990 AS FILE NO. 90-107515 OF OFFICIAL RECORDS, THE
BOUNDARY OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 69, BEING ALSO THE
TRUE POINT OF BEGINNING, THENCE EASTERLY ALONG THE NORTHERLY LINE
OF SAID LOT 69, N 76000'00" E, 52,00 FEET; THENCE S 14000'00" E,
6.40 FEET; THENCE N 76000'00" E, 110,50 FEET; THENCE
S 14000'00" E, 58.10 FEET; THENCE S 76000'00" W, 20,00 FEET;
THENCE N 14000'00" W, 38.10 FEET; THENCE S 76000'00" W, 105,50
FEET; THENCE N 14000'00" W, 6.40 FEET; THENCE S 76000'00" W,
11.00 FEET; THENCE S 14000'00" E, 6.40 FEET; THENCE N 76000'OO"W,
26.00 FEET TO THE WESTERLY LINE OF SAID LOT 69; THENCE NORTHERLY,
ALONG SAID WESTERLY LINE OF LOT 69, N 14000'00" W, 26.40 FEET TO
THE TRUE POINT OF BEGINNING.
EXHIBIT A
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I CD 0 I WATER MAIN 6.40'
N 14"00'00. W I~ ~r- EASEMENT 0 N 76'00'0,0. E
6.40' ~I 11.00
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3 @ N 76'00'0.0. E
4 5 26,00 _ _ _ _ _ _ _
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26.40'
N 14"00'90" W
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KIRKHAM
ROAD
EXHIBIT B