Grant of Easement Sewer Lines & Appurtenances 1987-302535
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TlCCR TInE iNSURANCE COMPANY OF C!llIFORNIA
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87 302535
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OF SAIl DIEGO CDUN' f.e,\.
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RECORDING REQUESTED BY:
1937 JUN -I PH 3: 24
CITY OF POWAY
NAME
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA. 92064
~VEP.^L.LYLE.
COUN I Y ,-' .
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AND WHEN RECORDED MAIL TO:
STREET
ADDRESS
CITY
STATE
ZIP
This space for Recorder's use
Title Order No. Iflfi/O 'f -?&
Tax Parcel No. 278-441-07
NO DOCUMENTARY TRANSFER TAX
NO FEE
GRANT OF EASEMENT
SEWER LINES &CAPPURTENANCES
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...---.----.----.----.------.-..-...-........-....-.-..--.---..-.-------.---------.--------.------.-.-----.-..--.....------.
..,""""~.CJ~!\)'."~l\fl~,,..J,~.~,'J,...I\..(;.C!~~.f.C));1li,C!..~!?,rl?f!r.~.tjl!?~,..._.........,."......,....,........
CITY OF POWAY
(hereinafter "GRANroR") here by gran ts to.._... ._.._ _ _ __ _ _ _ _ _.. ___ _ _ _. _._.. __ _ _ _ _ __ __ __ __ _____ __ _........._ ~_. __.. _.... __ _. _..__
--------..--.----------.-.-..---------------------------------------.-.--------------..-------..-..----...-----------------------
(hereinafter "GRANTEE"). its successors, or assigns, the following described easement for a right of way__ga.,.Q~_..__..
feet in width. in, upon, over, under a"'ld across !.he lands described bebw, to erect, constmct, reconstruct, replace, repcir.
maintain, and use a pipeline or pipeli~es for any and all purpose a, 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 under the right of way described below a9 GRANTEE may now or hereafter delennine in its Bole 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 easement {or access to
GRANTEE's rights of way situated.in adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the County of ..~~..I]-__~A<<:_~_C?____. State of Ce.lifomia, and is more
particularly described as follows. to wit:
Lot 36 of City of.Poway Tract No, 3545, in the County of
San Diego, State of California, according to Map No. 10432,
filed in the Office of the County Recorder on July 15, 1982.
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Slid unmont of right of WAY In tho aforuAld landall parllaulllfly dQDCrlbod AI fo1l9WI1
SEE ATTACHED EXHIBIT "A"
GRANTOR. its heirs. Buccessors, and assigns. shall nol erect or construct or pennitto be erected or constructed. any
building, structure or improvement on, over or Wlder any portion of the easement, nor shall GRANTOR. its heirs, successors,
or assigns. plant any tree or trees or plant any other, vegetation or Oora, nor dig or drill any ~ole or wells on any portion of
the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or laler cross any
portion of the easement. GRANTEE shall alao be entitled to trim, cut. or clear away any tree's, b~sh. or other vegetation or
Dora from time to time as GRANTEE detennines in its sole discretion without Bny additional compensation.
GRANTEE shall be entitled to partition, assign, ioint 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 or sewer 8~rvices or facilities to the public
as GRANTEE may detennine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's
beirs. successors. or assigns, therefor.
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 pipeli nes or other facilities within
the boundaries of the easement right of.way, or modify the size of existing pipelines or other improvements a8 it may deter-
mine 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 de-.
scribed above.
It is also understood and agreed by the p~ies that the GRANTOR and the GRANTOR's beirs, succeSSors. or BBsigns,
.hall not increase or decrease or pennit 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 not litigation is commenced, or if any arbitration pro-
ceeding, adminstrative 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
aUomey's fees and the costs of the proceeding, which shall be detennined by the court or the presiding officer having au-
thority to make this determination.
GRANTOR expreasly wertants and represents Ulat GRANTOR has the power to grant this easement in accordance with
its lenDS.
3n lJ)itnrsslJ)brrro(, lhe GRANTOR h.. execuled lhi" E..emenllhi.........J.:L......d.y of ....f.1~~q.~,_... , IS.:?:?....
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r'" This is to certify that the interest in re31 prop~r\j convelo1
b, the deed or grant dated ",- 31- '8'7 fron' row "-'-1
V"rk, 1,,(, C- CJ,I;~ (!.,,'T to the City,
01 Pow a" a political corporation and/or governmental agenc,
is hereby accept'd b1the und'rs,~"~d df,:,r or agent on be-
hall of the Cit, Council ~ursu,"i to <~t~or:ty conferred b,
Resol:il:on Ilo, 34 adopted 0" j,r,Ulr'/ 20, 1931 and the
grantee consents to recorda lion tn!reof by its dulr ,uthorized
officer.
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Dated:
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TO 1St..!!! CA l8.741
(Corporation)
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COUNTY OF
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~TITlEINSURANce
=:II! AND TRUST
ATlCOftCOMPIIllNY
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WITNESS my hand and official seal.
STATE OF CALIFORNIA
..sIlN j):t-E 60
OIl (Y\A n. r H .:31 t q g1 before me, the undersigned, a Notary Public in and for said
State, personally appeare" ~l!r,J}....:::T1'I Fr-e
known to me to be the \f.1:;.(-~" President, and
~ known to me to be Secretary
~a of the corporation that executed the within Instrument,
known to me 10 be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by.laws or a resolution of
its board of directors.
Signature
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I<tJ-1FJ::N L. E:JLER
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o,,':cW. SEAL ~
KARREN L. FIDLER :
"OIARY PUBLIC. CALlfOR"I~
PRINCIPAl OffICE IN
SAN DIEGO COUNTY
My CommiuiOtl Exp. "ua. 2.5. a~
(This area for official notarial seal)
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EXHIBIT A
That portion of Lot 36 of City of Poway Tract No. 3545, in the
County of San Diego, State of California, according to Map No. 10432,
filed in the Office of the County Recorder on July 15, 1982, being
a 20.00 foot strip of land lying 10,00 feet on each side of the
following described centerline:
Beginning at the Northwest corner of said Lot 36 of City of poway
Tract No. 3545; thence Southerly along the Westerly property line of
said lot, South 010 37' 34" East, 10.00 feet to the TRUE POINT OF
BEGINNING; thence North 880 22' 26" East, 138.15 feet to the
beginning of a 200,00 foot radius curve concave Northwesterly, a
radial line to said point bears South 010 37' 34" East;thence
Northeasterly along the arc of said curve through a central angle
of 180 11'42", 63.51 feet to a point on the Northerly property line
of said lot, a radial line to said point bearing South 190 49' 16"
East.
The sidelines of the above strip of land shall be shortened or
lengthened so as to terminate on the Westerly and Northerly lines
of said lot 36.
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M1.CMESAP&AKE 0"'._. SUITE '02 SAN DIEab, CA 12t23 (810) 278.5310 .
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