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Grant of Easement Water Lines & Appurtenances 1997-0309857 . 1303 RECORDING REQUESTED BY: ) ~f !0J.V ~lJ 1/ ~ \ J( ) CITY OF POW A Y AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P,O, BOX 789 POWAY, CA 92074 . DOC n 1997-0309857 01-JUL-1997 08=55 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: DC ~A 0.00 I "'11' "III "" ""11 IIMJU~ ""111111 1111111111111 No transfer tax due Tax Parcel No, 317-270-22 (This soace for Recorder's Use) NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT (WATER LINES & APPURTENANCES) Maire-Huddy Family Trust dated June 30, 1993 (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, upon, over, under and across the lands described in Exhibit "A" and depicted on Exhibit "B", to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fix1ures 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 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: See Exhibit "C" 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 vegetatiDn 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. . 130.1 . 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 discretiDn from time to time without paying any additional compensation 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 time 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 CDStS 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 tha1 GRANTOR has the power to grant this easement in accordance wi1h its terms, IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~-3o ,19~ day of Maire-Huddy Family Trust dated June 30, 1993 I This is to certify that lIIo interest in real property r.'llI1IiYed " b, thl deed or arant dllod '5- 30 411'011' I'M. i '(e - r \-\-u~~ ~a....-; /'1 1" ru,t tv thl r.ity of r_" I pol~ical corporItion ad/or pemmental ageflc, is hereby .ceeptec! by the uader1i&ned offICer or qent on lit- half of tile City CoU11cil pUmJant to .uthorily oonferT8d by Resolution No. 34 adopted on lanulIY 20, 1981 and tile eraAtee consents to recordation tIlereof bJ its del, authorized office!, ~"""..,.., ".... ,~~~;.,x...~ : \ '.. . , . .,.,...,.,! '" Dated: \;.;..30- "\1 IlJ a~ . _fj k~L (Signatures must be notarized, form attached,) . . 1305 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CA~RNI~ COUNTY OF uj-e } } SS. } O"p~ 801~ "","m.. ~,,~S1ir":'t; li./.,;;" b/,~ personal y appeared '" krr+- L. J;/@ ~ & {' r. . t'" L_ /; ~v .ger~nf,1'i'l''1ltnn,uA te me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sl 'ltlare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in ftisIfler/their authorized capacity(les). and that by -h;s/l,erltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument, ~ WITNESS my hand and official seal. ~ OFFICIALSEAL I - GLENDA S, RICHARDS - NOTARY PUBUCCAUFORN'1! COMM. NO. 1065153 - . SAN DIEGO COUtm' l _ . MYCOMM.EXP.JULY,I6, 19991 .,~mre JJ2.:&j),1~ (This artls for official notsrial sssl) ".. Rec.foun'Rll -EXHIBIT A-. ~30G LEGAL DESCRIPTION OF WATER LINE EASEMENTS THAT PORTION OF LOT 67 OF 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: EASEMENT TO BE 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 67 AND THE NORTHEASTERLY RIGHT OF WAY LINE OF KIRKHAM ROAD, AS SAID CORNER IS SHOWN ON MAP NO. 12572, A RADIAL LINE TO SAID POINT BEARS S 55010'53" W; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 67 AND SAID RIGHT OF WAY LINE OF KIRKHAM ROAD ALONG THE ARC OF A 1167.50 FOOT RADIUS CURVE CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 1053'05", A DISTANCE OF 38.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 55042'57"E, 21.50 FEET TO A POINT HEREAFTER REFERRED TO AS "POINT A"; THENCE CONTINUING N 55042'57" E, 142.73 FEET; THENCE S 34017'03" W, 26.90 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE WESTERLY LINE OF SAID LOT 67. PARCEL 2: EASEMENT TO BE 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE ABOVE MENTIONED "POINT A"; THENCE N 34017'03" W, 17.70 FEET TO A POINT OF TERMINUS, $"'/- 97 DATE PREPARED BY: MUNICIPAL BY: /?,&/. ,;f.uu~ ROBERT W. RAMSEY RCE 14348 ENGINEERS, INC. (;/(!7IIUS 1-f/~2001 "EXHIBIT ~,! :5C.4Lc: I"~ = .3tJ' t\J I=,,- ~ ~ ~' ~ ~ ~ ~ ~ b- ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ /</ /?/(t/;I/ M 't1j , , ~ ~Il\j \\j\:l. ~~ " --- 13{J'7 \ , I 7/c ,t/~c " , , N 3tt/703/u ,~ II. 50' ...... ~ ::,.: ~ i'\,J ~ ~ .~ '" ~ ", ~ '0 -.> ~ " . <;) \r) ~ ~ ,,4,J ~ ~ IcGe)//): ~ ~ L ] //.//J/C127c5/!ct"O/?1) ~ !}.4r.4 jJEf< M4P..vo. /2'512, L..:.. \ ~ ~I ~4..l1 ~~I -- '!;:ll . ~I ~\ ~ . I:) IJ) N I'\) ..fe-v. 4./0'<}7 /?a 5-/. ~7 REV. ;?'c7- 'I C\ ~ ~ ~ .~ :~ ,,~, ~ ~ ~~ ~ r-.... '" ~ ~ ~'" ~ ~ \ ~ /0' ~ · ' \" \ b,~ ~ ~ \ '- 1'1 .... ~ \ ",:, ~~""'t>.' , ~. ,'< ~\ti" ~ ,f /0 c/lJ"CMcJ/T_.... I ":- '" -;;; ':,) r.,qo.8. P.tI/?Ccb./ _' '" I 10' ~ ~ 'oJ /?/; ,t/N'~' . >.-: I 1\ \ " t / I .V I~ ~ l~ ~ r~ \\j r~ -,~ ,C)- ~ P/Illt,f Mil/.! cA.5chlc/./TS /1/ LO! ~Z I'tJ{II,Iy T/lACr 85-()!. (JI/I! ~ hi"!' /1'572 R().4/J (tkl -- JtJ-8 -<lCA c?74~.jt.I . , . "EXHIBIT C". . 130B LEGAL DEASCRIPTION OF MAREDY CANDY SITE LOT 67 OF 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. ::~PA~~Y: ~:;;':AL ROBER~~~~EY RCE 14348 ENGINEERS, INC. 5,2-77 DATE cXPlllU ~'JI-lool