Grant of Easement Water/Sewer Lines & Appurtenances 1997-0501954~ .
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.DOC # 1997-0501954
:1 08. 1997 1=36 PM
371
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: O. 00
OC: NA
RECORDING REQUESTED BY:
CITY OF POW A Y
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NO DOCUMENT TRANSFER TAX
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POW A Y
P,O, BOX 789
POW A Y, CA 92074
No transfer tax due
Tax Parcel No, 317-270-25
NO FEE
GRANT OF EASEMENT
(WATER/SEWER LINES & APPURTENANCES)
Charles A. Herr (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 shown in Exhibit
"C", 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 1he 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:
See Exhibit "B" attached hereto and made a part hereof
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.
372 '
~RANTEE may use all ~es and fences.~hiCh, nDw Dr la4ll, cross any portiDn Df
the easement. GRANTEE shall also be entitled tD trim, cut, or clear away Dr
remove any tr~es, brush, or Dther vegetation or flora from time to time as
GRANTEE tletermines in its sole discretion withDut any additiDnal cDmpensatiDn.
GRANTOR agrees that no other easement or easements shall be granted on, under,
Dr Dver this easement without Dbtaining the priDr written consent of GRANTEE,
GRANTEE may at any time increase its use Df the easement, change the lDcation
Df pipelines Dr other facilities within the bDundaries Df the easement right-
Df-way, or mDdify the size Df existing pipelines or other imprDvements as it
may determine in its sDle discretiDn from time to time withDut paying any
additional compensation to GRANTOR or GRANTOR's heirs, succeSSDrs, or assigns,
prDvided GRANTEE dDes nDt expand its use Df the easement beYDnd the easement
boundaries described abDve,
It is alsD understDDd and agreed by the parties that the GRANTOR and the
GRANTOR's heirs, successDrs, Dr assigns, shall not increase or decrease or
permit tD be increased Dr decreased the existing grDund elevatiDns Df the
above described easement which exists at the time this dDcument is executed
withDut Dbtaining the priDr written cDnsent Df the GRANTEE.
In the event of any dispute invDlving this Agreement, whether or not
litigatiDn is cDmmenced, Dr if any arbitratiDn prDceeding, administrative
prDceeding Dr litigatiDn in law or in equity, including an action fDr
declaratory relief, is brDught tD enforce Dr interpret the prDvisiDns or
perfDrmance Df this easement, the prevailing party shall be entitled tD an
award of all attorney's fees and the CDStS of the prDceeding, which shall be
determined by the cDurt Dr the presiding Dfficer having authDrity tD make this
determinatiDn,
GRANTOR expressly warrants and represents that GRANTOR has the power tD grant
this easement in accDrdance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
Df Sl??Tc'rl/13EJ2- , 19 (( 7.
/tJnI day
, ~IS Is to certify that tile interest In IUl "'Pfrtl 4',,~.tl
till deId tlfJllnt dftloI "1-10 .'11 """ C-l-n....le>
. A. Herr l~the,Ci!)
'''01 P~. . political corporation and/or lO'/efnmentalaaency
; Is herety accepted by the undenigned officer or qent on W.
hIIf 01 the City Council pursuant to authority conlentd -,
Resolution No. 34 adopted on January 20. 1981 and !!Ie
~Rtee consentlto recordation theleol by Its du" .utlloriz~
off~.
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Dated: ,'t)':?,O - ~..
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(Signatures must be nDtarized, NDtary
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373
^TTACHEIl TD: GRNIT OF E~NT D^TED 9-10-97
Certificate Of Acknowledgment
Slale of California
Counlyof SAN D I EGO
On SEPTEIIlER 10. 1997
Slale of California. personally appeared
bt.'(oreme.
CHAALE5 ^. HERR
JlJOI TH AI GOlJl ART
.
. a Notary Puhlic fur the
personally known to me (^F p,^,,,"4 tn ~t en the l"tr~8ti,rttnory-nidenee1I0 be the person~ whose name{~ ivcw=o-subscribed 10 the within instrument and
acknowledged 10 me thai he~ executed the same in hi~r authorized capacily(i~. and thai by hi~ir signatureCs+-on the inSITumcnt the
person~. or the entity upon behalf of which the perwn(~ acted, executed the instrument.
WiTNESS nd and official seal
Signal
FORM 00211 (Rev. 6194)
1@"JUDITHA'GOUlART I
_ . COMM,#1058877 0
o 1) NOTARY PUBUC-cAUFORNIA en
CI) 0: SAN DIEGO COUNTY 0
o ,... MY COMMISSION EXPIRES "'1
J . MAY 25. ,1999 ,
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374
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EXHIBIT "A"
(WATER MAIN EASEMENT)
A PORTION OF LOT 70 OF THE CITY 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 70 OF SAID
MAP NO. 12572; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 70, NORTH
76000'00" EAST, 10.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH
14000'00" WEST, 26.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
14000'00' WEST, 110.07 FEET; THENCE NORTH 76000'00" EAST, 15.00 FEET; THENCE
SOUTH 14000'00' EAST, 90.07 FEET; THENCE NORTH 76000'00' EAST, 50.96 FEET;
THENCE NORTH 14000'00' WEST, 5,00 FEET; THENCE NORTH 76000'00' EAST, 5.00
FEET; THENCE SOUTH 14000'00" EAST, 5.00 FEET; THENCE NORTH 76000'00" EAST,
52.54 FEET; THENCE SOUTH 14000'00' EAST, 33.00 FEET; THENCE SOUTH 76000'00'
EAST, 20.00 FEET; THENCE NORTH 14000'00" WEST, 13.00 FEET; THENCE SOUTH
76000'00" WEST, 83.50 FEET; THENCE SOUTH 14000'00" EAST, 9.00 FEET; THENCE
SOUTH 76000'00' WEST, 10.00 FEET; THENCE NORTH 14000'00" WEST, 9.00 FEET;
THENCE SOUTH 76000'00" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING.
BY: s~~L7~
LS. 5758 EXPIRES 06/3012000
SEPTEMBER 4 1997
DATE
SEAL
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375
EXHIBIT "B"
LOT 70 OF TIlE CllY OF POWAY TRACT 85-04, UNIT 2, IN TIlE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIlEREOF
NO, 12572, FILED IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 28, 1990 AS FILE NO. 90-107515 OF OFFICIAL RECORDS
BY:
~/~ .~
STEVEN . HrOWELL
LS. 5758 EXPIRES 06/3012000
SEPTEMBER 4 1997
DATE
SEAL
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LOT 70
MAP NO. 12572
BUILDING
PROP05[D
POINT OF
BECINNlNG
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SOUTHWESTERLY CORNER
LOT 10, MAP NO. 12512.-----'
9122
WATERLINE EASEMENT
LOT 10. MAP NO, 12512
CITY OF POWA Y
COUNTY OF SAN DIECO
A.P.N. 311-270-25
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STEVEN M.
L.5. 5158
EXPIRES 6/30/2000
EXHIBIT rer
No, 5758
STEVEN M. HOWELL
LAND SURVEYOR
11618 CAMINlTO CORR/ENTE
SAN DIEGO, CA. 92128
(619) 614 5615