Grant of Easement Water Lines & Appurtenances 1997-0309857
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1303
RECORDING REQUESTED BY:
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CITY OF POW A Y
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P,O, BOX 789
POWAY, CA 92074
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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.
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130.1
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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 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
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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!,
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Dated: \;.;..30- "\1 IlJ
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(Signatures must be notarized,
form attached,)
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1305
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CA~RNI~
COUNTY OF uj-e
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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,
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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)
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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
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"EXHIBIT C".
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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
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