Grant of Easement Water and Appurtenances 1987-620256
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RECORDING REQUESTED BY:
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City of poway
WHEN RECORDED MAIL TO
City Clerk
City of poway
13325 Civil Center Drive
Poway, CA 92064
, NO FEE
NO DOCUMENTARY TRANSFER TAX
Title O!"deX' lio,
Tax Parcel No.
GRANT OF EASP..MENT
(Water and Appurtenances)
GARY E. THACHER and ELVIRA ZUPON, as Successor Trustees
U/D/T 1-28-82 (hereinafter "GRANTOR"I, hereby grants ,to CITY OF
POWAY (hereinafter " GRANTEE" 1, its successors, 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 or
pipelines for purposes of water transmission together with such
fixtures and appurtenances, includi.ng, but not limited to,
faciTities for power transmission and 'communication purposes, at
such locations apd elevations, upon, along, over and under the
right of way described below as GRANTEE may now or hereafter
determine in its sole discretion wi~hout any additional
compensation therefor, together with the right of ingress and
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egress from the easement bya practical r01.1te, 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
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situated in adjacent lands, without any additional compensation
therefor.
The land referred to herein and made subject to said
easement of right of way by this grant is situated in the City of
poway, County of San Diego, State of California, and is more
'particularly described as follows:
Parcel 1
The South twenty (20) feet of the Northwest
Quarter of the Southeast Quarter of Section
13, Township 14 South, Range 2 West, San
Bernadino Meridian: excepting therefrom the
westerly forty (40) feet thereof.
Parcel 2
The north ten (10) feet of the souther ly
thirty feet of the east thirty (301 feet of
the westerly seventy feet of the Northwest
Quarter of the Southeast Quarter'of section
13, Township 14 South, Range 2 West, San
Bernadino Meridian.
SEE EXHIBIT "AU ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, successors, and assigns, shall not erect
or cons,truc,t or 'permi't to be erec,ted or constructed, any
building, structure or improvement on, over or under any portion
of the easement, nor shall GRANTOR, its heirs, successors, or
assigns, plant any tree or trees or plant any other vegetation of
flora, nor dig or drill any hole or wells on any portion of the
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easement.
GRANTEE may, -in its sole discretion, erect, maintain, or ,use
gates in all fences which now cross or later cross an~ 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.
GRANTEE shall be entitled to partition, assign, joint
venture, or share all or any portion of this, easement with any
other public agency or utility including, but not limited to, any
agency supplying water services or facilities to the public as
GRANTEE may determine in its sole discretion without paying any
additional compensation to GRANTOR or GRANTOR'S heirs,
successors, or assigns, therefor.
GRANTOR agree 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
;~_qu!ldari~s o~ the easement right of way, or 0l::>.c,ify tt::e size of
existing pipelines or other improvements as it may determine in
its sole discretion from time to time without paying any
.d~itional compensation
to GRANTOR or GRANTOR'S heirs,
successors, or assigns, provided GRANTEE does not expand its use
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of the easement beyond the easement boundaries described above.
It is also ~nderstood and agreed 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 of the 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 n~t litigation is commenced, 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 interpret the provisions or performance 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'S have executed this
Easement on this /3
day of November,
1987. Y-.I
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GARYE. THACHER
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ELVIRA zu~
'Tt1irsirs!tbQieiii/lilihit:ihciliiWcs!'ln 'r~~1 >,,,Prt'! tor.~d
by the deed o.gralltQd~i1 I \-1 ~31 .f,,,,;_,~<a.0j.,~,:,__
-Th"<-he-r C 12"I,/ie<. 7...uP'" tctl;.,Ci:!
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of Poway, a pc:!itical corpcration mtd/o: g'T,.~;f:r,1erlta! f13ency
is' hereby accs;isd bj Cl~; lmc~:$igr;.'~:~cHi~~r;;7 !"~l:-;~t mi'~
hc:1t of the City CCI.i/i:il pur_:'~':r,~ l:i :::::~;j'::;';t) (':jr,;~:":'~d b,
Resolution rJo.34 QG!)~ted un 1....,:~:..:~,' ~.;i, l~/;l ~r:d t:r:;
....--: -1'1 to" t ~ -.I.t..... t"'......,..r ") ;'.~ ,...,l\l.....".rrcr:~.J
grl:.,aee co~n~~ 0 r...COll.u:! ;~;.l h...II.:':., I~J ,;.:'/1\-...,1 ,1L';
{~~officer.
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STATE OF CALIFORNIA 1
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COUNTY OF SAN DIEGO)
On November I~, 1987, before me, the, undersigned a Notary
Public in and for the State of California personally appeared
GARY E. THACHER and ELVIRA ZUPON,
as Successor Trustees,
U/D/T 1-28-82, known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are
subscribed to this instrument, and acknowledged that they
executed the same.
Witness my hand and official seal.
,..-'J,l\M')<y\J Ju hI n kypt-"h
Not:ary P blic
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... .. OFFICIAl SEAL
~" '.'TAMMY ' L GILBRETH
! . IlllfARY 1'Il8UC. CAUFlJRNIA
, "IMDlfllOCOUNlY
, ., 0milD. ~AjIriI 22, 1991
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PLAT AHD LEGAl P'REI'ARED BY:
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First Ameri,ca,n Title lnsura,nce Compa,ny
411 IVY STREET' P,O, BOX B08 . SAN DIEGO, CA 92112.9931 . (619) 238.1776
SUPPLEMENTAL REPORT
GARY THACHER ATTORNEY AT LAW
ALLIED OFFICE PLAZA
7777 ALVERADO ROAD, SUITE 708
LA MESA, CALIFORNIA 92041
ATTN: GARY THACHER
OJR ORDER NO, 954367-14
YOUR WA;;jE9:::RCX': NO, ZUPON /THACHER
DATED AS OF OCTOBER 6, 1987
at 7:30 a.m.
The above nurrberoo report (inciu:'ling any supplertEDts oratrendments thereto) is
hereby rrodifioo al,d/or s.lpplerrentoo in order to reflect the following additional
items relating to the isSuance of an Arrerican Land Title Assocaition Fonn Policy:
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XXXX Title is nCJ.\' vested in:
.ELVIRA ZUPON AND GARY E. THACHER, AS SUCCESSOR TRUSTEES UNDER DECLARATION OF
TRUST DATED JANUARY 28, 1982
xxxx
25)
The fbllov.'ing i tern (5) hasihave been addoo to our Preliminary Report:
AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL
PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO
GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 20, 1987 AS FILE NO.
87-590509 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THAT; PORTiON ,OF THE NORTrlWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED IN DEED
RECORDED JULY 2, 1986 AT RECORDERS FILE/PAGE ,NO. 86-2"74569 OF OFFICIAL RECORDS
OF SAID COUNTY OF SAN DIEGO.
THE EASEHENT IN THE AFORESAID LANDS SHALL BE 4.00 FEET IN WIDTH, BEING 2.00
FEET 'ON EACH SIDE OF THE CENTER LINE OF THE FACILITIES TO BE INSTALLED.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS
Itern No, (5) of our Preliminary Report hasihave been deleted.
Otrer :
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DATED :
NOVEHBER 10, 1987
BY:
FIRST A}ffiRICAN TITLE I~SUR&~CE CO}WAKY
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GARY E, THACHER
AT:TORNEY. AT LAW
SUITE '708, ALLIED OFFICE PL.AZA
7777 ALVARADO ,ROAD
LA. MESA, CALIFORNIA 9'2041
(619)698.3500
PHILIPS. ,THACHER .( 18e5-1956>;
EDWIN L. THACHER (1915-1972'>.
IN REPLY REFER TO:
November 13, 1987
7336-0:02
DALE C. SCHAFER
City Clerk
City of Poway
13325 Civic Center Drive
poway, CA 90264
Attn: Engineering
RE: DEED OF EASEMENT
Gentlemen:
I hand
executed by
Linnie Haley
you herew i th a
myself and Mrs.
trust.
Deed of Easement that has been
Zupon as Trustees of the Robley &
This Grant of Easement has been revised in accordance with
my telephone conversation with you of November 12, 1987.
It is given to you on the understanding that there will be
paid to the trustees the sum of $15,800.00 and that that money is
forthcoming from Cadillac Fairview.
With the submission to you of this easement document, the
agreement to, receive consideration therefore, the matter of the
necessity for the condemnation as scheduled for hearing on
November 17, 1987 will be included.
If there are any questions in this matter please be in
touch.
:::~~~
cher
GET:tg
Ene.
c: Elvira Zupon
Cadillac Fairview
4180 La Jolla Village Drive, Ste. 450
La Jolla, CA 92027-1406
Attn: James D. Chrisman, Development executive