Grant of Easement Sewer Lines & Appurtenances 2000-0004731
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2000-0004731
DOC , 2000-0004731
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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
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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.
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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
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(Signatures must be notarized. Notary form attached)
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CALlFORNIAJ:U"L~PURPOSE ACKNOWLEDG,!VI_E!'I:T _
State of California
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Name and Titre of Officer (e.g., "Jarle Doll
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Name(s)ofSigner(s)
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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
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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
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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'
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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
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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
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PLAT.-EXHI8IT 8"
SEWER AND WATER EASEMENT
PARCEL 1 ~ b
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mr.49'S2" v 30.00' Nj,scAi..E:
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tI\ Ii :08.49'52" V 151l.ll0'
~ 120.00'
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m PARCEL 2
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\1\ 'N lIlI"49'S2" V 15O.OG'
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:z: PARCEL 3 0
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N. W49'52" " 150.00'
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_ 317-12C-75
PARCEL 4
PM 10709
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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
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. 1737
CERTIFICATE ,OF ACCEPTANCE
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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