Grant of Easement Water Lines & Appurtenances 2000-0004732
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DOC # 2000-0004732
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RECORDING REQUESTEDBV
GITY OF POWAY
Jan 05, 2000 8:30
OFFICIAL RECORDS
SAN DIEGO cliuIfrvRECORDER'S OFFICE
GREGllRV J. SlUTH, COUNTY RECORDER
FEES: 0.00
1lC: NA
AM
AND Wf,EN RECORDED MAIL TO.
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY, CA 92074
17 38 1I1111111111111111111111111111~)
2000-0004732
(This space for Recorder's Use)
No Document TranstE:1r Tax No Fee
C'Yt.Vf-i..-~
GRANT OF EASEMENT
(WATERLINES & APPURTENANCES)
(801-04-259 WE)
No transfer tax due
Tax Parcel No 317-122~72,73,74 &75
The Cannar Company Inc., a California Corporation (hereinafter "GRANTOR") hereby
grants to CITY OF POWA 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.as depicted in Exhibit"B," to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all
purposes, together with suct'ifixtures and appurtenances, including, but not.limitedto;
facilities for power transmission and comrnunication 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 deterrnine in its sole discretion without any addit[onal
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 encornpassing thiseasernent is situated in the County of SAN DIEGO, State
of'California, and is more particularly described as follows, to wit:
Parcel 1, 2, 3,& 4 of Parcel Map No.10709, in the City of Poway, County of San
Diego, State of California, filed in the office ofthe:County Recorder of San Diego
County on November 20,1980.
Said easement of right- of- way in the aforsaid land is.particulary described as follows,
(SEE ATTACHED EXHIBIT" A " MADE A PART HEREOF)
GRANTOR, its heirs, successors and assigns shall noterect or construct or permit to
be erected or constructed any building, structure or improvement or plant any tree or
tr~es or'Plantany other !etation or flora within said easem~~hout the express
written approval of the City of Poway as evidenced by the signatureofthe Director of
Engineering Services on an approved plan, GRANTOR, its heirs; successors and
assighs shall not dig 'or drill any hole or wells on any portion ofthe easement.
<3RAN"(EE may use all gates and fences which, noW or later, cross any'portion of the
easemeht. GRANTEE shall also be entitled to trirn"cut,or clear away or rernove any
'tree,s, 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 oth@reasement or easernents shall be granted on, under, or
over this easernent 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 rnodify
the size of existing pipelines or other improvements as il'may determine in its sole
discretion frorn tirne 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 perrnit to
be increased or decreased the existing ground elevations ofthe 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
comrnenced, 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
interpretthe provisions or performance of this easement, the prevailing party shall be
entitled to an award of all attomey'sfees and the costsot"tIle. proceeding, which shall
be deterrnined 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 easernent in accordance with its terrns.
IN WITNESS WfrlEREOF, the GRANTOR has executed this Easement this .,1t1~
day of . i)e~ twLhN , 19 qC\
I"Wt 4.NrJA.e. CC:)t ""&,Jc. ~'1
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(Signatures mustoe notarized. Notary form attached.)
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CALlFQ~,~!A AI.:,L.PURPOSE ACKNOWLEDGM,EiIIT
State ofGallfarnia
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County .of
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On pP{I z.,q#1, lCJ'1~, befare me, \~r>>2It\\ b, MC.~\tl , I-!~ PW3Uc......,
Date Name and Tille of Officer (e,g~ Jane Doe, Notary Public")
persanally appeared ~ltiUP 'it, Q,~llt1D
Name(s}of~igner(s)
o persanally knawn ta me
~roved ta me an the basis .of satisfact.ory
evidence
t.o be the persan(s) whase name(s) is/are
subscribed t.o the within instrument and
acknawledged t.o me that he/she/they executed
the same in his/her/their autharized
capacity(ies), and that by his/her/their
signature(s) an the instrument the persan(s), .or
the entity upan behalf .of which the pers.on(s)
acted, executed the instrument.
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OPTIONAL
Though 'the infor'!}atfon below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent'removal and reattachment of this form to another document.
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
@1997 National Notary AssoCiation 9350 De Solo Ave" P.O. Box 2402 Chalsworth, CA 913132402
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Description of Attached Document
Title .or Type .of D.ocument:
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Document Date:
Signer(s) Other Than Named Abave:
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Capacity(ies) Claimed by Signer
Signer's Name:
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D Corporate, Officer - Title(s):
D Partner - D Limited D Gen
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D Trustee
D Guardian or C
D Other'
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Prod. No. 5907
Reorder: Call Toll-Free 1 800-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
That PORTION OF Parcels I, 2, 3 and 4, of Parcel Map No, 10709, in the City of Po way,
County of San Diego, State of California, filed in the.Oftlce of the County Recorder of
San Diego County, November 20, 1980, described as follows:
The Sou1herly 30 00 feet of the Westerly 3000 feet of said Parcell of said Parcel Map
No,I0709
And
The Westerly 30 00 feet of'said Parcels 2, 3, and 4 of said Parcel Map No, 10709
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PLAT -EXHIBIT 8"
SEWER AND WATER EASEMENT
PARCEL 1 ~ b
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N 00.49'S2" IJ 150.00' M
120.00' '"
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PARCEL 2 ;z
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11\ N 1llr49'S2" IJ 150.00'
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2 PARCEL 3
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N mr49'52." \I 150.00'
APNo 317-122--75
PARCEL 4-
PM 10709
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N lIIr'49'S2" IJ IS1l.11O'
N 88"4~" V 150.00'
CCYNTHIA LANE
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ENGINEERING
& SURVEYING
1525 SOlIlH ESCONDIDD BL W., SUllE A
ESCONDIDa. CAUfORNIA 92025
TElEPHONE: (760) 741-0533
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CERTlflCA TEOF ,ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant,dated
/)u.P~~ 62~. /Y7f
from The"Cannar'Company, Inc., to the City'of
Poway, a political corporation and/or governmentalag!3ncy, is hereby accepted by
the undersigned officer or agent.on behalf of the City Council pursuant to authority
conferred by Resolution No. 34, .adopted on January 20, 1981, and the grantee
consents to recordation thereof by its duly authorized officer.
Dated: \ -4 -co
BY~~ ~~~""
Lori Anne Peoples. City Clerk