Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0347693
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; '" ;, RECORDING REQUESTEOfI 0..: 1.9,91-0347693
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CITY OF POWAY ) SAN DIEGO COUNTY RECOROER'S' OFFICE
,AND WHEN RECORDED MAIL to: ;) ANNETTUUANS, COUNTY RECORDER
) FEES: 0.00
CITY CLERK ) OC
)
CITY OFPOWAY )
P.O. BOX 789 )
POWA Y', CA 92074 )
) (This space 'or Recorder's use)
Tax Parcel No. 323-180-15 /11)
GRANT OF EASEMENT ~f
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(WATERAND/O~SEWER LINES & APPURTENANCES)
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HARVEY G. AND MARILYN O. TAYLOR, Husband and Wife as Joint Tenants
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE") ,its suc-
cessors, or assigns, the folr6wfng de"scribed easement for a right of way 20 feet in
wiath, in, upon, over, under and :ac;ros's the lands descri bed tiel'ow, to erect, construct,
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reconstruct, repl ace, repair, maintain, and use a pi pel i ne or pi pel i nes for any and all
purposes, together with such fixtures and appurtenances, including, but not limited to,
facilities for power transmission ,and conmunication purposes, at such locations and eleva-
tions, upon, along, over and under the right of way descritied below as GRANTEE may now or
hereafter determine in its sore dis'Ci"etion without any additional compensation therefor,
together with the right of ingress and egcess from the eas,eme.nt by a practical route or
routes in, upon, over, or acro~~: the land described below, together with tlie right to, use
this easement for access to GRANTEE" s rights of way situated in adjacent lands, without any
,addit i ona lcompensat ion theref,or.
The hind encompass i ng this easelTlent is s itua ted in the Couhtyof San Oi ego, State of
Caljfornia, and is more particularly des,cribed as follows, to wit:
THE SOUTHERLY 20.00 FEET OF THE EASTERLY 140.,00 FEET ,OF THE EAST HALF OF THE SOUtH 2.50
ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
18, TOWNSHI~ 14 SOUjH, MORE PARTICU,LARLY OESCRIBEO IN THE DOCUMENT DATED JUNE 21, 1983
BEING DOCUMENT NUMBER 83-207572.
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Sa,id easement oJ right of way in the aforesaid lands is partlcularly described as
fo 11 ows:
See EXhi'bit "A" attached hereto and incorporated herein by this reference.
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. GRANTOR, its heirs,su,9c " s,ors", andas~igns, sha?lt~l erect or construct or permit to
be erected or construGted, any bU,i,lding, str.uctureor improvement on, over or under any
'portion of the 'easemen't, ,nor sha'll GRANTOR', itshelrs, successors, or assigps, plant any
tree or treesorp)a,Qt ariyolhe'r vegetation or flora, nor dig or drill an}thole or wells
on any portion ,of the, e_asemen,t.,
GRANT(E may. in i;ts so'l;e discretion, erect, ma;'ntain, ,.or use gates in all' fenc,es which
now cross or later cross any port,ion of the easement. GRANTEE shall also be, entitled to
trim, cut, or clear away an'y trees, brush, or other vegetation or Hora from time to time
as GRANTEE determi nes in its sol e di scret i on without any additi ona I c6mpensat ion.
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
flmited to; any agencysupplyin~water or sewer services ~~faci'liiies to the publiC as
GRANTEE may determine in its sole discretion without paying any additional compensation to
GRANTOR or GRANTOR'~ heirs, successors, or assi~ns, therefor.
GRANTOR agrees that no other easement or easements shallb,e granted on, under, or over
-th,i's-easement..wHnoutcbtaining the"prici written consent of GRANTEE. "
GRANTEE may at any time increase its use of the easement, change the location of pipec
lines,or other facilities within the, boundaries of the easement right of way, or modify
the size of existing pipeliries or pther 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 assi~ns,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
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decreased the exi st i ng ground, el evati ons of the abov,e-desc r.i bed easement whlch ex i sts at
the time this document is executed without obtaining the prior written consent of the
GRANTEE.
I In the event of any dispute ,in\'olving this Agreement, whether or not 1 itigation is
" cOlllTIenced, or if any arbitration proceeding, administrative proceeding or litiga,tion in
law or in equity, including an act,;:on f,or 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 deter~
mination.
~>- _ . GRANTOR _express.1,y, ,war:rants"and represents, that GRANTOR has the power to grant th,i,s
,e'asemeh,t iii aCCOrdance wi th its terms.,
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, d? WIT~ESS WHER!4:. the GRANTOR' has executed thi s Easement thi s 1 J- day of
, , n l/ ,19 .
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, , Thil is"to certify I~at tlIe,i~t~r~ in reel ph)",;,,: cQm'.",,;
. bJ the deed O<IfIfl1 a8led +1<;" I fro", +\wee., '" '.
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; le'1' "'" c...{ YhM i/'1~l)> ~t:11 <V' lolhe City
of Poway, e pol~icOl corporationiilU11or govninmenlaPageriCy
is hereby accepted by the undersigi,e.i officer r.ra."r,t enha-'
balf of the City Council pursuant Ie amhorill c.(lnferred 'l!y
. Resolution No. 34 adopted on January 20, 1981 and t:i. (Signatures must be notarized)
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graalee consents to recordation thereof by its duly authorized
officer.
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."'~ ..,.- ,.,' '" ' .{;....... By ThU J~ iilicu-s t:.
, ,Dated; ""1-'3 - 'i I
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IL V 2162 \)
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''43i STATE OF CALIFORNIA
COUNTY OF San Diego f SS
On this the 6th -- day of _---Y.yA~_._~~_ 1991 , before me the undersigned, a
;;; Notary Public in and lor said County and Slate, personally appeared , Marilyn D~;r.aylQr_u __ ---- - --
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;; I FOR NOTARY SEAL OR STAMP
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'" _, personally known
u to me or proved to me on the basis of satisfactory evidence to be.the
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N person xxx~hose name~ subscribed 10 the withIn instrument
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"' , th tshe the same.
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CAT "NO. NNOO627 _TITLE INSURANCE
TO 1944 CA(7-82)
,i'ND TRUST
~ (Individual) A TICOR COMPANY
, . STATE OF CALIFORNIA } SS.
I " COUNTY OF San Dieqo
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r- On April 15, 1991 before me, the undersigned, a Notary Public in and for
I .. said. State, personally appeared Harvey G. Taylor
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, .. , personally known to me or
i ..t proved to me on the basis of satisfactory evidence to be
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Iii the person~ whose name is subscribed to the
I L within instrument and acknowledged that ~ exe~
cuted the same.
I WITNESS my and and 0
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I Signature t
i (This area for official'norarialseal)
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I fl.? N. NO. 323-/80-/5' ~
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~ I HIfRV€Y f HIlRILYN ~ ~o
20'SEWER 'I TflYLOR ' ~'
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I t;/TSEM€NT
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EXHIB!T "A"
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