Grant of Easement Water/Sewer/Drainage Lines & Appurtenances 2002-0021490
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RECORDING REQUESTED BY:
DOC .2002-0021490
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CITY OF POWA Y
JAN 10, 2002 8:05 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFfICE
GREGORY J. sMITH. COOO'{ RECORDER
FEES: 0,00
DC: NA
AND WHEN RECORDED MAIL TO:
C, ,CITY CLERK
tV CITY OF POWAY
Lev.1 P,O, BOX 789
~ POWAY, CA 92074
(JJIjfr No transfer tax due
!"IF' APN 275-780-09 & 10
(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER, SEWER; and DRAINAGE LINES & APPURTENANCES)
POWAY RHF HOUSING. INC,. a California NonprofiLPublic Benefit 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 "A" and 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, UPOI'l, along,
over and under the right-of-way described belowas GRANTEE may now or hereafter
determine in its sole discretion without any additional compensation 'therefor, together with the
right of ingress and egress from the easement by a practical route or routes in, upon, over, or
across the land described below, together with the right to use this easemeilt for access to
GRANTEE'S rights-of-way situated in adjacent lands, without any additiol'lal compensation
therefor,
The land encompassing this ease'ment is situated in the City of Poway, County of San Diego,
State of California, and is more particularly described as'follows, to wit:
PARCEL 2 OF PARCEL MAP NO, 18617 IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, RECORpED IN THE OFFICE OF THE COUNTY
RECORDER 8F'SAN DIEGO COUNTY ON DECEMBER27,2000, AS FILE NO,
0708415, OF OFFICIAL RECORDS,
Said easement of right-of-way in the aforesaid land is particularly 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 improvement or plant ,any tree or trees or
plant any other vegeti;:ltion or flora within said easement without the express written approval
of the City of Poway as evidenced by the signature of the City'Engineer on an approved plan,
1~-o</-19
O;;J -01 i)
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GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any
portion ofthe easement
GRANTEE may use all gates and fences which, now, or later, cross any portion of the
easement GRANTEEshalLalso be entitled:to'trim, ,cut, orclear away orremove any trees,
brush, or other vegetation orflora from time to'timeas GRANTEE determines 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 the prior written consent of GRANTEE,
GRANTEE, may at anytime increase its use of the easement, change the location of pipelines
or other facilities within the boundaries of the easement right-of-way, or modify the size of
existing pipelines or other improvements as it may determine 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 of the easement beyond
, ,
the easement boundaries described above.
It is also understood 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 with6utobtaining the prior written consent of the GRANTEE,
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,
including an action for declaratory relief, is brought to enforce or interpret the provisions or
performance ofthis ea~ement, 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 14,
1Y/~ ,2001,
day of
POWAY RHF HOUSING. INC.,
a California Nonprofit Public Benefit
Corporation
By: (~~
R;c~ard Washington
(Signatures must'be notarized, Notary form attached)
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CALIfORNIA ALL.PURPOSE ACKNOWLEDGMENT
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)
State of California
County of .4VV~;! ,jA,/
On ~ /'1 ::tOOl, before me,
Date
personally appeared
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~0
EJ-p€i'sonally known to me
o proved to me on the basis of satisfactory
evidence
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"~ COI.LEN J. ADt.MS
~:., _ Commission # 1242683 z
~ ~,~~,~ ,~~ Notary Public - California ~
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~ ~"'~"" Los Angeles County 1
"<2l:'t,~ My COmm, E:q:Ji"" Dee 17, 2lIl3
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to be the persol1\8Y whose name{a) isiare
subscribed to the within instrument and
acknowledged to me that hetsne/.lIley executed
the same in his/bar/thllli' authorized
capacity(.i98j, and that by his/Ae1/11Teif
signature(sfon the instrument the persontst,or
the entity upon behalf of which the personfsj
acted, executed the instrument.
WITN SS my hand and official seal.
I
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudufent removal and reattachment of this form to another document.
Description of Attached~cum, ~ ~
Title or Type OfML7~tl4A ~ #, , 'e. ' .
Document Date: ,~ /9 ::2-tJtJ/ Number of Pages: - ~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
o Other:
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Signer Is Representing:
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@1999National Notary Association. 9350 De SolO Ave, PO, Box 2402. Chalsworth, CA 91313 2402 . WWW,nahonalnOlary,org
Prod.NQ,5907
Reorder: Call Tnll,Free 1,800,876,0ll27
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EXHIBIT "A"
EASEMENT
FOR WATER,SEWER, AND DRAINAGE LINES & APPURTENANCES
THAT PORTION OF PARCEL 2 IN THE CITY Of"POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
AS SHOWN ONPARCE,L MAP NO, 18?17oN FILE IN THE OFFICE OF THE COUNTY RECORDER O'F SAID
SAN DIEGO COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF PARCEL 1 OF SAID PARCEL MAP, BEING ACOMMON
LINE WITH SAID PARCEL 2, SAID POINT BEINGN90"00'00"E,0:8O'FEET FROM THEWEST LINE OF SiAID
PARCEL 2; THENCE CONTINUING N90"00'00"E, 29.00 FEET; THENCE NOO"OO'ciO"E, 242.33 FEET; THENCE
S90"00'00"E, 12.00 FEET; THENCE NOO"oo:cio"E, 10,00 FEET; TljENCEN90'00'00"W, 12,00 FEET; l'HENCE
NOO"OO:OO"E, 30.91 FEET TO THE SOUTH LINE OF A DRAINAGEEASEMENTASDEDICATED AND SHOWN
ON CITY OF POWAY TRACT 84-03, MAP NO, 11187 AND AS SHOWN ON SAID PARCE~ MAPNO. 18617;
THENCE N89"08'12"W ALONG THE SOUTH LINE OF SAID EASEMENT, 29,00 FEET; THENCE'SOO"OO'OO"E,
283.68 FEET TO THE POINT OF BEGINNING
CHARLES D, FAVRE,o.U
R.C.E.28489 EXP, 03-31-0
. EXHIBIT AB" .
EASEMENT
FOR WATER, SEWER. AND DRAINAGE LINES & APPURTENANCES
tAAtt NO. :9ilill
N89'08' 12' W
45,69
N89'08' 12' W
29,00
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DRAINAGE AND WATER LINE
EASEMENT DEDICATED ON
TRACT 84-03 MAP NO, 11187
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UTILl1Y PURPOSES AS
DEDICATED TO THE CI1Y
OF POWAY BY P,M, 1,8617
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: December 19, 2001 from Poway PHF Housing, Inc" a California Non-
Profit Public Benefit Corporation, to the City of Poway, Grantee, 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:
January 9, 2002
CITY OF POWAY
BY:~Q.(}u&Q
Lori Anrfe Peoples., City Clerk
Sherrie D. Worrell, D~puty City Clerk
Seal:
N:\city\engserv\01 report\cert, of accept. poway PHF Housing, Inc..doc