Grant of Easement Sewer Lines & Appurtenances 1987-292917
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RECORDING REQUESTED BY:
STREET
ADDRESS
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA. 92064
87-292917
~ECORDED IN:::-1
I oPmc~eoo't1,~~ I
1987 MAY 28 AM8:00
Uo~~'BfR ~
'Ihis space for R.ecorder's use nd~.
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
NAME
CITY
STATE
ZIP
Title Order No. IISrIClY-J7
Tax Parcel No. 278-441-06
NO DOCUMENTARY TRANSFER TAX
NO FEE
GRANT OF EASEMENT
SEWER LINES & APPURTENANCES
,
POWAY PARK, INC" A California Corporation
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CITY OF POWAY .
(hereinafter " GRANTOR' '} hereby gran ls 00.. _ __ _ _______ _ __ _ _ _ _ _ _ _ .__ __ _ _. _ __ __. _ _. ____ _._ __ __ .__ __ _. _ __.. ____ __ _ __ _..... _ _ _ .._..
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(hereinafter "GRANTEE"), its successors. or assigns, the following described easement for a right of waYn~~eQ_..__...
feet in .....idth. in. upon, over, under and across the lands described below. to erect. construct, reconstruct. replace, repair.
maintain, and use a pipeline or pjpeli~es for any and all purposes. logether with such fixtures Bnd appurtenances. including.
but not limited to. facilities for power transmisslon and communication purposes, at such locations end elevations. upon,
along, over a:"ld under the right of way described below as GRANTEE may now or hereafter detennine in its sole discretion
without MY edditlun:Jl C'or.lpcneation therefor. together with the Itebt of ingress and egress from the eMer:lent b,)'" 6 ::ractic~l
route or routes in, upon. oYer. or across the land described below. together with the right to use this easement for aecelle to
GRA."'JTEE's rights of way situated.in adjacent lands. without any additional compensation therefor.
The land encompusing this easement is situated in the County of _~~..l}....~~-:..<15?...__. Slate ofCalifomja. end is more
particularly d~scribed as follows. to wit:
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'Lot 137 of City of Poway Tract No. 3545, in the County of
san/Diego, State of California, according to Map No. .10432L
filed in the Office of the County Recorder on July 15, 1982.
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Said eaumant or right of way in tho lforeuid Innds II pllTlioullltly dmribod ftI (01l9W11
SEE ATTACHED EXHIBIT "A"
GRANTOR. its heirs. successors, and assigns, shall nol erect or construct or penni! to be erected or constructed, any
building, structure or improvement on, over or under any portion of the easement, nor shaH GRANTOR. its heirs, successors,
or B8signs. plant any tree or trees or plant any olher vegetation or flora, nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may. in its sole discretion, erect. maintain. or use gales in all fences which now cross or later cross any
portion of the easement. GRA...~TEE shall alBo be entitled to trim, cut, or clear away any tree's, b~sh. or other vegetation or
llars from time to time 8.9 GRANTEE delennines in its Bole 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 or sewer services or facilities to the public
85 GRANTEE may detennine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's
heirs, 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. c~ange the location of pipeli nes or other facilities within
tbe boundaries of the easement right of, way, or modify the size of existing pipelines or other improvements as 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 parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns,
shall not increase or decrease or pennit to be increased or decreased the existing ground el~vations of the above-described
easement which exists at. the time t.his document. is executed wit.hout. obtaining the 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, Of if any arbitration pro-
ceeding, adminstrative proceeding or litigation in law or in equity, including an aclion 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 detennined by the court or the presiding: officer baving au-
thority to make this determination.
GRANTOR exprenly wartant.s and represents that GRANTOR has the power to STant this easement in accordance with
its lenns.
3In Witnrss Wbrrrof, the GRANTOR has execuled lhia Eaaemenl thia.___.~L___n.day of nn.!!1(}.1-..r;l1__.. 19,1(1._.
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This i3 to certify that the interest in real prop~rty conve,e1'
by the deed or grant dated ~- ~I-~l fron' P'W""-1 P...L,
I he., 1 D-- ~U ~'-IP to the City
of Poway, a political corPilralion a~d/or governmental agency
is hereby accept~d b) the undcrs;~r.(-d cfficcr or aeent on be-
hall 01 the City Council ~urs!.i"lit t:J t!Jt~or:ty conferred by
RelOl:ilion rlo. 34 adopted Oil Janu,'1 20, 1981 and the
grantee consents to recordation In2loof by its dul, authorized
officer.
~1f:~d~~t"~"f~~.
Poway Park Incorporated, A California
Corporation
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Dated: "5-;;'l,-5,
By ~,L.;,. t' pV",~ t.,
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TO 194& CA 18.7'"
'II TInE INSURANce
=:II! AND TRUST
(OJrporation)
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537
A T1COR COMPA"'Y
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STATE OF CALIFORNIA
COUNTY OF -SA--.l D:1:66 0
Of'l (Y\I' (l.c...t-t :31, ,q g 7 before me, the undersigned, a Notary Public in and for said
State, personally appearect /tuG'" L.. ~r=~e
known to me to be the ~~Presjdent. an""
known to me to be ~cretary
of the corporation that executed the within Instrument,
known to me to 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-Jaws or a resolution of
its board of directors.
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OFFICIAL !,E,.I.L - ~.~
KARREN L. FIDLER .~
NOTARY roUBl1C. CALlrCR~1 ~ ~
PRINCIPAL OFFtC.E IN ~
SAN DIEGO roUUlY ~
My Commission Exp. AUK. 25. 19M :a
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WITN ESS my hand and official seal.
Signature ~ ClMh-- c{ --.i~
KAfiHEN L. FiDLER
(This area for offJclal nOlarial seal)
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EXHIBIT A
That portion of Lot 37 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 Southwest corner of said Lot 37 of City of Poway
Tract No. 3545; thence Easterly along the Southerly property line
of said lot North 880 22' 26" East, 200.60 feet to the TRUE POINT
OF BEGINNING: said point also being the beginning of a non-tangent
200.00-foot radius curve concave Northwesterly, a radial line to
said point bears South 190 49' 16" East, thence Northwesterly
along the arc of said curve through a central angle of 330 27' 22",
116.78 feet; thence tangent from said curve, North 360 43' 22"
East 8.06 feet to a point on the Easterly property line of said
Lot 37, distant thereon South 010 37' 34" East, 72.97 feet from
the Northeast corner of said Lot 37.
The sidelines of the above strip of land shall be shortened or
lengthened so as to terminate on the Easterly and Southerly lines of
said Lot 37.
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20'
WIDE ~ER
EASEMENT
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SEWER EASEMENT PLAT FOR LOr 37
a= rvw N::J. 10432.
..1.CMI!SA~I!AI<I! DR.. SUITI! 102 SAN DIEOO, CA .2123 (lItel) 278-5310