Grant of Easement Water/Sewer Lines & Appurtenances 1987-665971
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P~COF~ING REQ"'TiD BY:
CITY OF POWAY
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WHEN RECORDED HAIL TO
CITY CLERK
City of Poway
13325 C1v1c Center Dr1ve
Poway, Ca11forn1a 92064
1987 DEe -2 AM /I: h8
~;(J~i;::;' h'MM:!!J NOF~
This Bpace for Recorder' B use
NO DOCUMENTARY TRANSFER TAX
II€) . u
Title Order No.
Tax Parcel No.
o~ OF EASEMENT
(WATER ,AND/OR SEWER LINES & APPURTENANCES)
SECURITY FIRST NATIONAL CORPORATION survivor of merge with
SOPHISTICATED INVESTMENTS, INC., (hereinafter "GRANTOR"), hereby
grants to CITY OF POWAY, (hereinafter "GRANTEE"), its Buc~;essors,
or assigns. the following described easement for a right ,of way
upon, in, over, under and across the lands described below, to
erect. construct. reconstruct. replace, repair, maintain, and
use a pipeline ~~iP8*iDe6 for any and all purposes, together
with Buch fixtures and appurtenances. including. but not limited
to, facilities f,or power transmission and cOllllllunication purposes
ossopioted directlY\lIith the operotion.o( the \lIoter maiil, '
at Buch locations and elevations, upon,alons. cS:ver and under the
right of way described below as GRANTEE ma~" now or hereafter
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determine
in
its Bole diBcretion without any
addi tional
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compensation therefor, to,ether with the rl,ht of IQlress ADd
e,ress from the easement by a practical route or routes In, upon,
o~er, or across the land described below, together with the ri,ht
to use this easement for access to GRANTEE's ri,hts of way
situated 1n adjacent lands, without any additional compensation
therefor.
The land referred to herein and made subject to said easement of
r1,ht of way by this ,rant 1s situated in the City of Poway,
County of San Die,o, State of California,
particularly described as follows:
and is
more
Parcel 1
The northerly twenty five (25) feet of the Southeast Quarter of
the Southeast Quarter of Section 13, Township 14 South, Range 2
West, San Bernardino Meridian, from the westerly line of said
Quarter-Quarter Section, six hundred ei,hty three (683) feet. to
the westerly boundary line of the 60 feet w1de Gate Drive
easement. as dedicated in the easement ,rant deed filed 1n the
Office of the County Recorder of San Die,o County. September 1.
1972, as ,file No. 72-235615,
Parcel 2
The Dortherly twenty five (25) feet of the easterly 556.97 feet
of the Southeast Quarter of the SoutheastQuarter of Section 13,"
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;{ Township 14 South, Ranse 2 West, San Bernardino Meridian,
SEE EXHIBIT 'A" ATTACHED HERETO
GRANTOR, its heirs, successors, and asailns, shall not erect or
construct or permit to be erected or constructed, any buildinl,
structure or improvement on, over or under any portion of the
easement, nor shall GRANTOR, its heirs" successors, or assicns,
plant any tree or trees GI'--fl-let--e5"--KMI"--Y4Ipt.aUoD or f 1 01"'.
nor dig or drill any hole or wells on any portion of the
easement.
GRANTEE may, in its sole discretion, erect, maintain, or use
sates in all fences which now cross or later cross any portion of
the easement. GRANTEE shall also be entitled to trim, cut or
clear away any trees, brush, or other vegetation or flora from
time to time as GRANTEE determines in its sole discretion without
any additional compensation,
share all or any portion of this easement with any
alency or utility including,
any agency
supplying water or sewer
to the public as
discretion without paying any,
GRANTEE may
to
GRANTOR or
GRANTOR's
heirs,
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GRANTOR asree ~ha~ DO other easement or easements ahall be
sranted on, under, or over this easement without obtainine ~he
prior written consent of GRANTEE.
GRANTEE lDay at any time ~O-Fealle -i~.u_--Gt-~..-eaDel8ent , change
the location of pipelines or other facilities within the
boundaries of the easement riBht of way, or modify the aize of
existing pipelines or other improvements as it lDay determine in
its sole discretion from time ~o time without paying any
additional
compensation
to
GRANTOR or
GRANTOR's
heirs,
succe&sors,' or assign&, provided GRANTEE does not expand it& use
Mf ~H~ ~ft~~~~K~ "~fM"" ~H~ ~A~~~K\ M~"~~.rl~M d~M~~lN~~ .Nov..
It is also understood and agreed by the partie& that the GRANTOR
and the GRANTOR's heirs, successors, or assigns, shall Dot
increase or decrease or permit to be increased or decreased the
existing Bround elevations of the above described easement which
exists at the time this document is executed without obtaining
~he prior written consent of the GRANTEE.
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In the event of any dispute involving this Agreement, whether or
not litigation is commenced, or if any arbitration proceeding,
administrative proceeding or litigation in law or in equity,
-It Is also lI1lderstood arid agreed by the'panles'thdt the grant of this easement does not
preclude theilse of the BUrface of the easement, by the Grantor and the GraJ'llor's heirs,
BUccessors or assigns for future rood right-of-way, parking, park, recreational tJuffer or
similar uses, provided thc:'t the manner of the future use shall not impede maintenance of, or
access to, the water main by the Grantee.
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flU' AND UlW.PflVAIID rt:
In' IIEGIITRA noN IXNIEI DEe. II. 'I"
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EX/5T. RIJAO
~A5EMEAfT fER
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includinB an action, for declaratory ,relief, is broueht t.o, enforce
or interpret the provisions or performance of t.his easement, the
prevaHillS party shall be anti tied 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 represe~ts that GRANTOR has the
power to Brant this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement on
this ~ ~day OfNOt/"~"ut , 1987.
SECURITY FIRST NATIONAL CORPORATION survivor
of merge with SOPHISTICATED INVESTMENTS,
INCORPORATED, a California-Corporation
BY
P sident
S. C- 1,,2.,,6c/~
ul'fj,
This is to certify that the interest in real properly conveyed
bJlhe deed Of grant dated II --s- - ~ '1 '<om S><~ ,if.", F; ,,-I
klwl'f toe'." tot!.eCity
ilf Poway, a political corporation and/or goverr.:nentel agency
is hereby accepted by the und~rsi~ned efficer or c.z'nt on b~
half of the City Council purr.]ani to authority conferred by
Resolution No.. 34 adopted on J.nuq 20, 1931 and the
grantee consents to recordatiilll thereof by i\$ duly'authorized
officer,
BY
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Secretary
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Dated:
\l-L'-I --S'1
By IllcvQ.w ktJl~I-~~
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STATE OF CALIFORNIA ]
> SS.
COUNTY OF LOS ANGELS ]
on
MIrV 5"
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1987 before me, the undersilDed, a
Notary Public in and fo~ the State
appeared !/!CJ' s-: c;;,$~UJhand
of California,
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personally
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, known to
me (or proved to me on the basis of satisfactory evidence) to be
the persons who executed the within document as president and/or
secretary
on behalf of the corporation therein named and
acknowledged to me, that the corporation executed this document.
WITNESS my hand and official seal.
.kI~ ~ Aid-
Notary Public in and for
the State of California
8) OFFlClALSEAL
, MAUREEN ANN NESS
. 'NOTARY PUllUC. CAUFORIlIA
LOS ANGaESCOUNTY
M) C...m, bpOa Jone 2, '9,"
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