Loading...
Grant of Easement Sewer Lines & Appurtenances 2000-0004731 ';~ / :-111 ~IIIIIIII fllllllllllr 2000-0004731 DOC , 2000-0004731 !ft.. (J)~ ~ I RECORDING R.EQUESTED BY CITY OF POWAY Jan 05, 2000 8:29 OFFICIAL RECORDS SAM Dlffil IIDfTV RECORDER'S OFFICE GREGORY J. SMITH, COUHTV RECORDER FEES: MO OC: HA AM AND WHEN RECORDED MAIL TO' CITY CLERK CITY OF POWA Y POBOX 789 POWAY, CA 92074 1732 No transfer tax due Tax Parcel No 317-122c73;74,&75 (This space for Recorder's Use) No DocumentTransfer Tax No Fee dc~!e&/'4r__ GRANT OF EASEMENT (SEWERUNES & APPURTENANCES) (801-04-259 SE) The Cannar Company Inc., a California Corporation (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (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 "k 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 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 u,nder the rightcof-way described in Exhibit "A" as G~ANTEE may now or here;3fter determine in its sole.discretion without any additional compensation therefor, togeth~r with the right of ingress and egress frorn the easernent by a practical route or routes in, upon, over, or across,theland described below, together with the right to us,!" this easement for access to GRANTEE's rights-of-way situated in adjacent lands, without any additional cornpensation therefor The land encornpassing this easernent is situated in the County of SAN DIEGO, State of California, and is more particularly described as follows, to wit Parcel 2, 3& 4 ot'Parcel Map No.10709, in the City of,Poway, County of San Diego, State of California" filed in the office of the County Recorder of San Diego County on November 20,1980, Said easernent 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'not erect or construct or permit to be erected or constructed any building, structure or improvernent or plant any tree or , . '. ..; . 17 3e trees or plant:any other vegetation or flora within said easement without the express written alJProval.of fhe City of Powayas evidenced by the signature of the Director of Engineering Services on ar:l approved plan, GRANIOR, its heirs, successors and assigns shall ilbt dIg for'drill any hole or wells on any portion ofthe easement. ~; ,=-- GRANJ:EE may Use all gates and fences which, now or later, cross any portion of the easernent. 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 deterrnines 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 easernent right-of-way, or modify the size of existing pipelines or, other improvements as it may deterrnine in its sole discretion 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 ofthe easernent beyond the easement boundaries described above It is also understood andagr~ed 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 ofthe above described easernent which exists atthe time this document is executed without obtaining the prior written consent of the GRANTEE. In the event of any dispute involving this Agreernent, whether or not litigation is cornmenced, or if any arbitration proceeding, adrninistrative.proceeding or litigation in law or in equity, inclUding an action for declaratory relief, is brought to enforce or interpret the provisions or'pertormance of this easement, the prevailing party shall be entitled to an award of all attorney's fees and the costs 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 that GRANTOR has the power to grant this easement in accordance with its terms, IN WITNESS WHEREOF, the GRANTOR has executed this Easement this .!LC')~ day of j)!:::t!.b~ , 19 Cjq ~ CkJrlA1Z- Ge <tNc. ~4 ~~.( (Signatures must be notarized. Notary form attached) . :....- 175 ' 6e:~ffBJ/.:ijO . ,.. . ~J)'1 1))Y E't~ 1734 f>A:1rt )1-- 2.q .-07 CALlFORNIAJ:U"L~PURPOSE ACKNOWLEDG,!VI_E!'I:T _ State of California } ss , , " " " , " , 1 I, County of ~I~ on~, before me, Dale personally appeared ~~ P4, t.-I P Name and Titre of Officer (e.g., "Jarle Doll ~ltTD Name(s)ofSigner(s) D personally known to me Ji6 proved to me on the basis of satisfactory evidence , " , I' " " , " 1 " 1 , ~ - -~ - ~=~~T:i2D-1 ~ ~ NO..tory Public..- CalifOrriia t 1 ~ Son Diego Counly f _ _ _ _My~~~~29~~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. eal. Place Notary Seal Above , ,. , , I' , ;, OPTIONAL Though the,information below is 'notrequired, by law, it may prove valL!able to persons relying on the document and could pre\(ent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Top of thumb here " 1 Document Date, Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's.Name: o Individual o Corporate Officer- Title(s): o Partner - 0 Liinited 0 Genera o Attorney in cact o Trustee o Guardian or Co o Other' ., "'" Reorder. CaltToll-Free 1.800 876 6827 @ 1997 National. Notary Association 9350 De Solo Ave., P.o..Box 2402 Chatsworth, CA 91313-2492 Prod. No. 59[)7 , 'I ,I 1 1 " " 'I 1 " " " , " " , 'I ,I ,I; , 1 " ., ., .1 , , 1 1 " " ..~-= -;.' . 173. EXHIBIT i'i\" LEGAL DESCRIP:fION That RORTION OF Parcels 1,.2,3 and 4, of Parcel Ma.p, No. 10709, in the City of Po way; County' of,San Diego, State of California, filed)1l the,Qffj,c!l of the County Recorder of SanDiego County, Novembef20, 1980, described as foliow~; Hie Southerly 3000 feel' of the Westerly 3000 feet of said . Parcel I of said Parcel Map No,l0709 Arld. TheWesterly30 00 feet of said'Parcels 2,3, and 4 ofsaio Parcel Map No, 10709 '" :. f7 36 PLAT.-EXHI8IT 8" SEWER AND WATER EASEMENT PARCEL 1 ~ b l'l II - mr.49'S2" v 30.00' Nj,scAi..E: , " . . tI\ Ii :08.49'52" V 151l.ll0' ~ 120.00' :c\ m PARCEL 2 tt' \1\ 'N lIlI"49'S2" V 15O.OG' - - ". .~ , - :z: PARCEL 3 0 '0 N. W49'52" " 150.00' .. _ 317-12C-75 PARCEL 4 PM 10709 . " b o Iii. 120.00' N lIlI"49'S2" V .150.00' ~': N' 8fr4'Y52:"V 150.00' C CYN THIA LANE lIfL Et\JGINEERING & SURVEYING 1525 SOUlH ESCONDIDO BLVO'.S\JITE A -, ESCONDIDO; CAUFORNIA92025 TElEPHONE: (760) 741 -0533 '- . . 1737 CERTIFICATE ,OF ACCEPTANCE " This is to certify that the interest in real property conveyed by the deed or grant dated r/)~ cl~ /Y7,7 from The Cannar'Company, Ihc., to the City of Poway, a political corporation and/or governmental agency, 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: _1-4-00 BY'~;~~ Lori Anne Peoples, City Clerk