Grant of Easement Water Lines & Appurtenances 1996-0408715
~ ~.""\.
:;'1.... ';i.
.
.,
REC,ORDING REQUESTED BY:
)
)
)
)
AND WHEN RECORDED MAIL TO. )
)
)
)
)
)
)
)
CITY O'FPOWA Y
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
No transfer tax due
Tax Parcel No. 275-241-01
301
'.u 1996-:0408115
13-AUG--1996 O~:27 AM
OFFICIAL RECORDS,
SAN DIEGO COUNTY RECORDER'S. OFFICE
GREGORY SMITH, COUNTY R~COROER
FEES:' 0.00
NA
~tJ~~
(Th~s space for Recorder's Use)
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
Wright and Paul sen Company, a Ca)if'orn,i a Corporat).()n Jhereinafter"GRANTOR")
hereby grants to CITY OF POWAY (hereinafter "GRANTEE") its successors, or
assigns, the foIl owi ng descrIbed easement for a right-of~way 7' Ie feeti ri
width, in, upon, over, under ana across the 1 ands described in Exhi bit "A," to
erect, cdhstruct, reconstruct, repl~ce, repair, mainta~n, and use a pipeline
or pipelines for any and all purpos,es, together with. such fixtures and
ilRPurtenances, inc 1 udi ng, but not limited to, faci 1 it i esfor power
transmission and communication purposes, at such locations and elevations,
upon, along, over and under the rfght-of-way described in Exhibit "A" as
GRANTEE may' now or hereafter determine in its sole discretion without any
addit i ona 1 compensat ion therefor, together with the ri ght of ingress and
egress from. the easement by a practical route or routes in, upon, over, or
across the land describedbe.low, together with the right to use this easement
for access to tRANTtE's rights~of-way situated in adjacent lands, without any
additional compensation therefor.
The land encompassing this easem~nt is situated in the County of SAN DIEGO,
State of California, and is'more particularly described as follows, to wit:
Tract Map No. 13163
GRANTcfR, {ts heirs, successors and assigns shall not erect or construct or
permit to be erected or constructed any building, structure or improvement or
pI ant any tree or trees or pI ant any other vegetat ion or fl ora wi th in sa i d
easement witho-ut the express written approval of the CHy of Poway as
evidenced by the signature of the Director of Engineering Services on ~n
approved plan. GRANTOR, its heirs, success,ors and assigns shall not dig or
drill any holE or wells on any portion of the easement.
GRANTEE may use all gates and fences which, now or later, cross any portion of
the easement. GRANTEE shall also be ent it 1 ed to tri m, cut, or clear away or
remove any trees, brush, or other vegetation or flora from time to time as
GRANTEE determines i.n its sole discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under,
,....
.
.
30:'2
GRANTEE may at any time increase its use of the easement, change the. locatIon
lof pipeli nes 0'1' other faci Hti eswithin the_'boundari'e~ of the easement d ght-
of=,.waYr,or, ,mod,iJy thesTze of exisHilg pi.peTines or other improvem(lnts as it
may, cleter;mi ne i,nits: sole di.scretci on ft'om tiine to time wi thout payi ng any
addi;t iona'l compensation to GR,IIN:rqR or GRANTOR's hei rs, successors, or assi gns',
provi'ded GRANTEE does not expand its use of the easement beyond the easement
boundaries described above.
IJ i.?aJ so understood and agreed .by the parti es that the GRANTOR and the
GR,IINJ,OIi'sheirs ,successors, or ass i gns, shall not i nCl'1ease or decrease or
permit to' ,bei ncreased or decr:eased the existi ng gi'-ound el evat ions of th-e
above described easement whiGhexists at the time this document is executea
without obta'ini ng the pri or wr:i Hen consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not
litigat.ion is commenceq, or if any arbitration proceeding, administrative
proceeding or litigatjqn in law or in !,quity, including ,an action for
declarato~,y r!'lief, is brought to enforce or int,erpret the provisions or
performance of this easement, the prevail ing party shall be entitled to an
award of an attorney.'s fees and the costs of the proceeding, which shall be
determined bY the court 61' the presiding officer having authority to make this
determination.
GRANTOR expressly warrants and r:epresents that GRANTOR has the power to grant
this easement in accordance with its terms.
IN WI~WHEREOF,
of Va/c..f
/
the GR!WTOR has executed this Easement this
, 19K.
/5
day
~A::/~
.
Thisla to certify that the interest in real property '~Jn",J,J
by the deed or lrant dated '1-1 '1.--'\ L, 1m", LoN '4 \.:t
,',.C ll",lso_- ~~ tQtheCi~
oll'o;,ay, ~ ~oli~ coillOl 'oj[ and/oraomll18ll1111 agency
is hereby accopte1bytoo under1ignadolficer_or og..t 0.-1Je.
hall.el th~ City Cooncil porsuant 10 authority ccnf3l'red '.bf
Resolllti~n No. '34- iJ~~ptadon)cnual7 20, '1981 Ind tile
9' antee 'ooll><O\> tu ttce,dnlo.1', thereOf, by. itsdu~ lutiIoriad
'!ficer.
5+c ve.n 1). WY' i"j h:t-
(Signatures, must be notarized. Notary
form attached.)
Gated:
'6 -l. c'1 "
IB:-n"1j k lL'MJ,L
.
.
303
STATE OF CAlIFP{lNJA, ""-
COUNTY OF . --:::JCt.Az. U l~ 0
---
On ~ \;~ \ ~ ) \ q q Lp
appeared 3-\-e\leh U'
} S.S.
,before me, LHo...(Y)bef2s
, a Notary Public in and for said County an tate, personally
LJ I" \ 5 \'\:t
-------
personally known to me (or proved to me on
the basis of satisfactory. evidence) to be
the.person(s) whose name(~re subscribed to
~ within instrument and aCknOWledgeio me that
( ~he/they executed the same in his her/their
authorized capacity(ies), and that by I her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument
FOR NOTARY SEAL OR STAMP
~ - - - - - -. - - - - -
L HAMBERG ,
Comm. #1065451 '"
. NOTARY PUBlIC CAllFORNIA(i)
BAN DIEGO COUNlY 0
Camm. Exp. Oct. 27, 1999 ~
..
STATE OF CALIFORNIA,
} S.S.
COUNTY OF
On
, before me,
, a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) 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/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument
FOR NOTARY SEAL OR STAMP
WITNESS my hand and official seal.
Signature
TE 160 Legal (2-94)
This form is furnished by Chicago Title Company
-....;
.
.
304
UTILmES EASEMENT
LEGAL DESCRIPTION
That portion of land lying Within Lot 4 of Map No. 13163;iit the City ofPoway, in the
COWlty of San Diego, StateofCa!iiornia, filed in the Office qfthe Coiinty'Recorder of
SaidCoWlty on November 14, 1994,as File No. 1994-0657252 of official Records,
described as follows
Beginning at th~.Southeast,cornerof said Lot 4, thence North 28006' 51" East 7.29
feet, thence North 430 40' 46"West 10:4i feet, thenceSouth390'4S' 09" West 6.50
feet, more or less, toa point ont4e sOI!ti!erly line of lot 4,b.ejngapoint OJ! a.non tangent
curve, eoncave'Southerly, havirig'a,rildius of 39.00 feet;a',radillllinetq said point bears
South 390 45' 09" West, thenceeallteily aiong said CUIVe through a central angle cjf 17" 37'
46" an arc length of 12.00 feet tolhe,point of beginning.
Legal Description prepared by .
Hcl~.
/
Mike R. Slater, P.L.S. 6706
Date: July 20. 1995.
EXHIBIT A
~
f,;.
. ...
.t. ~
"
.
. "
N~
1 ~
I ~
.
305
LEGAL DESGRU?TfON .PLAT
t:CJ,T S CJ/H/lF/.5/C7,3 //V l?/c
- _" r.. _.J
C/ff c/ ;PCJW..4Y #/ ,T/T'c,ccl/A/,TY
-- - "
c.r S/9/f/ O(cGO~ SETc CJ/ C.4c:'l/21/f'A///9
JLlt~ /9g5
4
/V 4,fD?,;'-'4',F'f{/
/0.-1,1 '
6' J7D-/S(;ig W
~.S<J'
t//76/ Ty
.,
,;1
S-'?/J'
/'
4IVr
<4" j:)
IV~ ~~k"
~
~
.~
~
~
::-:
~
.~
~
\,
"
?/fc/"'A";f"E,V> 8Y
#/A"c If' 5t:/9rc~
r:t::. s ~70C7
\;
"
\
'>:
~
~
~
Ii
~
~.
~
v
_" ;;;- ..... 1 '/J ''//7