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Grant of Easement Water Lines & Appurtenances 2000-0004732 i' 'I. ~ r' ~ ifd ~r , . . DOC # 2000-0004732 , 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 <~, c--' -- (Signatures mustoe notarized. Notary form attached.) ", 12) 188 tm7tUfe1) -rre~ (J'{ef-lS~e>~ 1740 12.-- '1-Of 4 CALlFQ~,~!A AI.:,L.PURPOSE ACKNOWLEDGM,EiIIT State ofGallfarnia , " County .of (~('UJ DltoW } ss 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. , , " , , 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 , " , , , , " , 1 1 " 1 I. - - - -. - ~." - .--.. - J ' SARAHD. ~:KAY ~.' '~.I"" ,',)2334211 ~ 1 ~=~~ ( __ _ _ ~~':.I:~~~29..:~ " , " " I' Place Notary Seal Above " Description of Attached Document Title .or Type .of D.ocument: " , " Document Date: Signer(s) Other Than Named Abave: 1 1 r " , " " Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate, Officer - Title(s): D Partner - D Limited D Gen D AUornev'ln Fact D Trustee D Guardian or C D Other' r, r , , , , I, Prod. No. 5907 Reorder: Call Toll-Free 1 800-876-6827 .~ , , ,I r 1 , . . 1741 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 " . 1.2 PLAT -EXHIBIT 8" SEWER AND WATER EASEMENT PARCEL 1 ~ b i~ &l ~ JI],SCAI..E b "l '" . M N 00.49'S2" IJ 150.00' M 120.00' '" 1n ~ ~ PARCEL 2 ;z . ... 11\ N 1llr49'S2" IJ 150.00' - - ~ 9 - 2 PARCEL 3 " 06 b " l'i N mr49'52." \I 150.00' APNo 317-122--75 PARCEL 4- PM 10709 I21l.OO' N lIIr'49'S2" IJ IS1l.11O' N 88"4~" V 150.00' CCYNTHIA LANE I%ft ENGINEERING & SURVEYING 1525 SOlIlH ESCONDIDD BL W., SUllE A ESCONDIDa. CAUfORNIA 92025 TElEPHONE: (760) 741-0533 ') 1" . 174' > 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