Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0347695
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.. _,_..tS. . D~: 1'991-0347695
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, '~ 16~JUL-.r991 08=14 AM
RECORD ING ,REQUESTED BY : ) " :SANDIEGO COUNTY RECDRDER' S OFFICE
) " ANNETTE' EVANS" COUNTY RECORDER
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CITY OF POWAY' )' , p- ,,'. 'FEES: 0.00
~~D:WHENREtORDEO MMt ;T'O: '." r DC
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,CHYCLERK , )
CITY,OF POWAY )
p, ,0. BOX 789 )
POWAY; CA 92074 )
) (Thfsspace for Recorder's use)
Tax Parcel No. 323-180-27 ~(P
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GRANT OF EASEMENT
{WATER AND/OR,SEWER LlNES&'APPURIENANCES} tJf
RAYMOND MILLER, A Marrled Man,
(heioeinafter "GRANTOR"')' here,l>ygr.an~s to CITY OF PQWAY;, (hereinafter "GRANTEE") ,its suc-
CeSSli'rS, or assigns, thefo,lTowlng described easement ,for a, right of way ,20 feet In
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width,;n, upon, ove',..,". linaer and aCross the lands 'described, below, to erect, construct,
r'econstruct, replace, repair, ma.fntain, and use apipeHneor pipelines for any andai I
purposes, together ,with such ffx'turesand appurtenant~'s, including, but not limited to,
ifacili ties for powettransmlssi on 'and cOlllTluni cati on Rurp.o~,~s, ,at such 10catJ,ons and ele.va-
-tions, up.on, aYo~g, over' ahdiJlider the right of way described below as GRANTEE may now or
hereafter determine in its sole discretion withou,t aliy additional compensation therefor,
together w1't;h the ,right of '1 ng'ress,and egress from the e'ase[Oe.D.t by apracti cal route or
routes 1 n, upon, over, or acr'Ciss the I and descri bed below, together wi th ,the 1'1 ght to use
this easement for access to GRANTEE's rights of way situated in adjacent lands, without any
addili onal compensa t i on therefor.
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The' land encompass,ing this easement is situate~ tn the County of San Diego, State of
Cal1fo(nia, an'd is more particularly described as follows, to wit:
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THEWESTERLY20.00HET OF' THE WESTERLY 108.46 FEET OF THAT PORTION OF THE NORTH HALF OF
fHE':~oDT~fAST'QLlAR'TF~OI" THE)OORTHEtlST QUA~TEROF THE NORTHWEST OF SECTION 18, TOWNSHIP.14
SOUTH', MORE,PARlICULARLY OE'SCRIBED IN THEOOCUMENJ DATED JUNE 30, 1986 BEING DOCUMENT
NUMBER 86-270288.
'Said eas,ement of right of way in the aforesa:1d lanas' 'is particularly described as
follows: I
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See Exliib;it "~" attached hereto and incorporated, herein by this reference.
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6/K/ESMT~OT2
r~ 2169
< ""riGRA~TOR,it$, ~eirs, saors, and assigns, shall not _,or construct or permit to
! b~-,er,ected 9r constructed, any biJflding" structure Or improvement on, over or under any
porti on of th'e easement, nor shall GRANTOR, its hetts,; succ~ssoJ.s, or ass igns, p I ant any,
tree, or trees irr plant any oth'er vegetation or ,(I ora , nor dig or dr1l1 any hole or wells'
on any portion oJ theeasenient.
,GRANTEE may"fn its: sole discretion, erect, malntain,oriJSl! gates in all fences which
now cross'or rater' cross' any portlon of the easement. GRANTEE' shalials'6 be entltled to
tr'ffll,cut;, orcle:araway any trees, brush, or other vegetation or flora .t:romtfme to time
as GRANTEE determines in its sole discretion without 'any additional compensation.
GRANTEE shall be entjtl'ed to Rartition, assign, joint venture, or share 'all or any
portion of thi's easement 'id:thany'other public agency ,or util1ly including, but not
nmited,to, any agency supplying water or sewer services or facllities to the public as
GRANTEE may determine in i,ts Jore discretion without paying any additional compensation to
GRANTOR or GRANTOR ',shei rs., successors , or assigns, therefor,
, GRANIOR agrees that no other easement or easements shall be granted on, under, or over
th1s easement without obtaining the prior written consent of GRANTEE.
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GRANTEE may at any timeinc['ease its use of the"easement; change the 'location ofp,,1pe-
l1nes or other facilities '~rthln the boundaries of,ttie easement' right of way, or,modify
the size of existing pipefinesor other improvement,s as 'tt maydete'rmine. in its sole
dls'cret,io'n from time to time without paying any additi.onal compensaHon to GRANTOR ,or
GRANTOR' 5 hetrs, successors"orass,igns, 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 thaJ the GRANTOR and the GRANTOR's
heirs, successors, or assignsishall not increase or decrea~~ or permit to be increased or
decreased the existing ground el'evations of the abov,e-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 Agreell1ent, Whether or not litigation is
comnenced, or if any arbJ:tra.t1on proceeding, administra.tiveproceed,ing or litigation in
law or in equity, including an action for declaratorY relief, is brought to enforce or
interpret the, provis ions or performance Of thi 5 easement, theprevalling party shall be
entitled to an award of al'l attorney' 5 fees and the c'osts of the proceeding, which shall
be determined by the court or the presiding officer having authority to make this deter-
mination.
GRANTOR expreSSly warrants and represents that G~ANTOR~as the power to grant this
easement ,in_accordance ,wiJhits terms. '
IT WiTNESS WHEREOF"the GRANTOR has executed thi's Easement th is /7 day of
::11f,v( , 192L.
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.', "OFFICIAL'sEAL "
i AKASHjDEVIMAHAVAJ (Sfgnatu;es m st ben;o:arfzedl
,Notaiy Putil""Celilonlla
J LOS,ANGELESOOUNlY
MyCO!I'm, Exp, Mny,,10, 1983
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CN"vkl Loic, I~~ '~I.ctto
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I 2170
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......, :tli e..: nAA J fI( 1 On this the .r2!l day of ,1LhiJ 6 f9L1/ ' before me,
00.",,, ~ ~~ ~ " IiUt5/--'/ JJc-~~ m AI-lfflJ:al4cl-
Notary's Name yped or prl.n e) r::
the undersigned Notary Public, personally appeared
r, OFFICiAl SEAL ~VI1/t) mIILtV?
" AKASH DEVI MAHAVAJ ~rSOnallY nown to me
." j~ NOlllrl Public-Callfomla proved to me on the basis of satisfactory, evidence
LOS ANGELES COUNTY to be the person(s) whose name(s) /<, subscribed to the
My Comm. Exp, May 10, 11'93 within Instrument, and acknowledged that !-If(' executed it,
.~~<:o.. WIT. ESS my hand and official seal.
(This area for official notarial seal)
Notary's Signature
GENERAL ACKNOWLEDGMENT FORM SV0715 6.82
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ACCEPTANCE
Th.is is JDcertify that the interest in real prDperty cDnveyed by the deed Dr
grant da'ted l,-n -'1 I '-, from _Ka... ~7 in: Il<-v-'
to.: the City Df PDwaY, a ,pDI i:t,ical cDrpDratiDn andor gDver.nmentalagency is
hereby accepted by the, ,undersigned Dfficer Dr agent DO behalf Df the City
CDuncil pursuant to' authDrity cDnf,erred by Resolut.iDn NQ. 34; adopted Dn January
20, 1981 and the grantee cDn'sents to' recDrdatiDn thereDf' by its duly authDrized
D,ffi cer.
Date: 1- 3.t) \ By: Yn~ K i1J~i::
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