Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0261709
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,; . DOC.= 1991-0261709
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REGOROING REQUESTED BY: ) SAR DIEGO COUNTY RECORDER'S OFFICE
CIT')' OF POWAY ) ANNETTE EvANS, COUNTY RECORDER
) FEES: Q,QO
) DC
AND WHEN RECORDED MAIL TO: )
CITY CLERK )
)
CITY OF POWAY )
,P. O. BOX 789 )
POWAY, CA 92D74 )
J (This space for Recorder's use) fi~
Tax Parcel No. 323-180-69
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GRANT OF EASEMENT ~, I
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(WATER ~.~D/OR"SEWER LINI::S & APPURTENAIICES)
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HOWARD AND ANNA M. SHIFLETT. Husband and Wife as Joint Tenants
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its suc-
cessors, or assigns, the following described easement for a right of way 20 feet in
width. in, upon, over, under andacr~ss the lands described below, to erect, construct,
recon'struct, replace, repair, maintain,' and use a pipeline or pipelines for any and all
PUTP,os:es, together with such fixtures and appurtenances, including, but not limited to,
facilities for power transmissi()nand corrmunication purposes, at such locations and eleva-
tions, upon,along, over and under the right of way described below as GRANTEE may now or
hereafter ,determine in its sole discretion without any addit,ional compensation therefor,
together with the right of ingress and egress from the easement by a practical route or
to~tes in, upon, over, or, across the land described below, together with the right to uS,e
this easement for access to GRANTEE's rights of way situated in adjacent 1 ands, without any
additional compensation therefor.
The 'land encompass i ng thi s easement is situated in the County of San Oi ego, State of
California, and is more particularly described as follows~ to wit:
THE, WESTERLY 20.00 FEET OF ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARI~R
OF THE NORTHEAST QUARTER OF THE NQRTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND M~RIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO Ut>j!TEO,SJATJS GOVERNMENT SURVEY, ,APPROVEOJEBRUARL24 , 1876, .WHICH .LIES ,EAST
OF A LlNE' THA'f IN'fERSECTS THE NOR'fH LINE OF SAID NORTH ,HALF OF THE SOUTHEAS'fQUART:ER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER. OF A POINTDIS'iANT THEREON 313.30 FEET ,EASTERLY
OF THE, NORTHWEST CORNER THEREOF AND THE SOUTH LINE OF-SAID NORTH HALF OF THE SOUTHEAST
QUARfER OF 'THE 'NOJiTHEASTQUARTER OF THE NORTHWEST QUARTER AT A POINT DiSTANT :tHEREON 314.06
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FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF.
EXCEPTING THEREFROM THAT PORTION THEREOF: WHICH LIESSOUTHERL Y OF A LINE THAT INTERSECTS
THE EAST LINE OF SAID NORTH HALF OF' THE SOUTHE~S'rQUARTEROF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER AT A POINT DISTANT THEREON 164.56 F~ET NORTHERLY OF THE SOUTHEAST CQRNER
THEREOF AND TH,EWEST LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTH~EST QUARTER AT A POINT DISTANT THEREON 165.38 FEET NORTHERLY OF THE
SOUTHWEST QUARTER THEREOF.
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ALSO EXCEPTING niEREFROM THAT PORTION LYING, NORTHERLY OF A LINE WHICH IS F'ARALLEL ,WITH
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AND 84..00 f'EET NORTHERL;vOF AND MEASURED AT RIGHT ,ANGLES TO:A LINE THAT INTERSECTS THE 'EAST
LfN'EQF S_AmNO~r~' !!~L(QF T.~E ~D,~TI:!E~SI QUAgIE~ OF ,T.HE NORTHEAST QUARTER OF 'THENOR~fHWEST
QUARTER AT A,I?OINT DISTANT lHEREON 164,.56 FEEINORTHERLY OF THE SOUTHEAST CORNER THEREOF
,il.ND THE WESTUNE OF SAID NORTH HALF OF THE 'SOUtHEAST QUARTER OF THE NORTHWEST QUARIER' OF
TH~ N.QRTH\\'.E$T QU,A.RJ,ER AT A POINT DISTANT THEREON i65.38,tEET NORTHERLy O,FTHEsoutHwEST
QUARTER THEREOF" MORE PARTICULARLY DESCRIBED IN THE DOCUMENT DATED NOVEMBER 15" 1984 BEING
'_u _'_k,__' _. '_'," ..... _ . _, '." ~ _.~ ' ,_ '.
DOCUMENT NUMBER 84-431422.
Said easement of right of way in the aforesaid lands is particularly described as
foll,ows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
, GRANTOR, its heirs, successors-, and assigns, shall not erect or construct or pennit to
b,e erected or constr-uctea, any buHding, structure or improvement on, over or under any
port ion gf .the -easem~nt,nor~harLG~ANTOR, its hei rs ,successors, or ass igns', ,plant any
tree or trees or plant-any other vegetation or flora,rior- dig or drill any hole or-wells
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on any portion of the 'easement.
GRANTEE may, in its sole discretion" erect, maintain" or .,use g~tes in all feflces w.hich
now cr()ssor I a tel' cross any porti on of the easement. GRANTEE shci. 11 a I so be, entitled to
trim, cut, or clear away any trees" brush, or other vegetat.ion or flora from time to time
as G'RANTEE determines in its sole discretion without any additional compensation.
G~ANTEE shall be entitled 'to partition, assign, joint vellt,ure, or share alJ or any
portion of thi s easement wi thany other publ i c agency or utility i ncl udi ng"but not
Timi,ted to, any agency supplying waJer or sewer services or facilities lathe ,public as ,
GRANTEE may determine in its sole 'discretion without Raying any,additiona,l compensation to
GRANTOR or GRANTOR's,hei,rs, successors, or assigns, therefor.
GRANTOR agrees that no other easement or easements slia 1.1 be, granted on, under, or over
this easement without obtaining the prior written con'sent of GRANTEE.
GRANTEE may at any time i n(;~ease its use of theeas~ment, change the location of pi pe-
li nes or ot~er faci lit i es within the boundaries of the easement ri ght of way, or modify
the size of existing pipelines or other improvements as it may detennine in iJ~sole
discretion from time to fimew.ithout paying any additional compensation to GRANTOR. or
GRANTOR 's hei rs, successors, or ,assigns, providedGRANTEE does not expand its use of the
easeme,Qt beyond Jhe, easem~nt ,boundari.es ,descri bed above.
I t is' also unders toOdand,agreed by, the parti es that ,the GRANTOR and the GRANTOR I S
heirs ,successiJrs ,or assi gn's', shall not i'ncrease Or decrease: 0.1' pennit to b,e in'creased or
decreased the eXist,ing ground elevations,of the aboite~dE!scribed easement which exis,ts at
the time this document is execute'd without obtaining the prior written consent of the
GRANTEE. -'" .', - .
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In the event of any dispute .involving this Agreement, whether or not lttigatiQn is
Gorrmence,9 ,or if any, arbHratton proceed,ing, admi,~tstrati.ve, 'procee_di ng ,'or lttigati on in
Jawor iQ eCluity" j}1'c}udi:n.9,an action for declaratory ren.eJ'. 'is, brought t() enfod:e or
interpret the: provisions or :perf,ormilili:e, of this easeinent.. theprevaili'ng 'party :shall be
-enfi tl ed to an 'award of an attorney '5 fees and ttie'costS oflhe proceedi ng; ""htch ,shall
,be detennin'edby the court or the pres i di ng offi cer 'havi ng auth'Ority' to make th is deter-
~ln~ti~il. ',' " ',.
GRANTOR. expressly warrants aM represents that GRANTOR. has the power to grant thi 5
easement in accordance wi th fts terms.
IJ WITNESS WHEREOF, the GRANTOR has executed this Easement this S- day of
AI?Ji?'r'i , 19 '1/-. '
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t't (Signatures must be notarized)
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, phil is to certify tIIat llIe i,nlerest in real propsrty coriveyedi, ,
by the deod or; am d.ted:1::~,::iL-'IUm.J+.w~ ""1
, .,,:i
!"^~\l\t;.. (II, 5\'i~le-\f,t,otheCity.;
OtPow." . political, corporation and lor gove!l1f1!1!ntal ageJ1cr, :
is hereby acCepted by tha undersignedofficeror,age~t on be- / j
.. half of the City, Council pursuant ,to authority conferred by /
'\ ResolutiOn'~ 34-ai!optedon January 20, 1981 aoil the!'
. StaRtee i:onsents to recordation thereof bY its duly authorized
_offICII. . " , , ,
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. ,Dated: - 5'1'1 e -'1 I
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I IN~I)IVI,DUAL,A(:KN,O\VLEDGMENT I1P~ ,g~E-lgtJ-t:,7 00.201
, StateOf~~
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(-~ }ss,
County ofo~ <<-' J{j.uJO
the undersigned Notary Public, personally'appearea
ORlCIALSfAI. /1~/'()I1R/J {fJ/llf) IlI/JJJfJ IlJ. bf't FLe7T=
MARIE LCFlOH
NotmvFl~ &l~.Q. o perssflolly 1(f15nFi to fl ~
SANDlEGOCOUNlV
/i' Mr~':tir %-proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) t2/liJ ~uf..,scnbed to the
"- within instrument, and acknowledged that --j-..A r C)(ccuted it.
WITNESS my hand and official seal.
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Notary's Signature
; ATTENTION NOTARY: Although the information requested below IS OPTIONAL, It could prevent fraudulent altae menl of this certificate to a~e~=nt. ~
THIS CERTIRCATE Title or Type of Documerd~ - ~M..
MUST BE ATTACHED Number of Pages d Date of Document ;L-~ -4/
TO THE DOCUMENT '7.2
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ~ J!-
7100-010 @ NATiONAL NOTARY ASSOCIATION o 8236 RerrIrM'"Ave.". P.O: 8oX7184-.-eanOQa Park;"CA.. 91:>>17184
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