Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0261705
'" . DOCe= 1991-0261705
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RECORDING REQUESTED BY; ) SAN DIEGO COUNTY RECORDER'S OFFICE
) ANNETTE EVANS, CDUNTY RECORDER
CITY OF POWAY ) FEES: 0.00
) DC
AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P. O. BOX 789 )
POWAY, CA 92074 )
) (This space for Recorder's use)
Tax Parcel No. 323-180-23 ~
GRANT OF EASEMENT fl.r 'A
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(WATER AND/OR SEWER LINES & APPURTENANCES) rJ/
EDWARD HILL
(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 and across the lands des'cribed below, to erect, construct,
reconstruct, replace, repair, maintain, and use a pipehne or pipelines for any and all
purposes, together with such fixtures and appurtenances, including, but not limited to,
facilities for power transmission and conmunication pur;poses, at such locations and eleva-
tions, upon, along, over and undef the right of way described below as GRANTEE may now or
hereafter determine in its sole d.iscre,tion without any additional compensation therefor,
together with the right of ingress and egress from the easement by a pracUcal route or
routes in, upon, over, or across the land described below, together with the right to use
this easement for 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 San Diego, State of
California, and is more particularly described as follows, to wit:
THE WESTERLY 20.00 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTcERi ;OFTHE NORTHWEST QUARTER 0'F SECTION 18, TOWNSHI P 14 SOUTH, MORE PARTICULARLY
DESCRt-BEO IN THE DOCUMENT DATED JANUARY 6, 1954 BEING DOCUMENT NUMBER 2263.
Said easement of right of way in the aforesaid lands' is particularly described as
follows:
See Exhibi,t "A" attached hereto and incorporated herein by this reference.
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GRAN'rOR,; its heirs, success s, and assigns, shall not eNlct. or construct or permit to
be, er:ected or constructed, any building, structure or improy,emen1: on; over or under any
portion of the easement, nor shall GRANTOR, its hei:rs, successors, or <lssigns, plant any
tree. or trees or plant any other vegetation or flora, nor dig or driLl any hole or well s
on any portion of th~, easement.
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GRANTEEmay,in its sole cliscretion, 'erect, maintain, or use gates in all fences which
now cross or niter cross any portion of the easement. 'G'[<ANIEE shall also be entit,led' to
trim, cut" or Clear ..away any trees, brush, or other vegetation or flora from time to, time
as GRANTEEdeterrnine's in its sole discretion without any additional compensation.
GRANTEE shall be, entitled to partition, assign, joint venture, or share all or any
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portion' of th,is easement with any other pUblic agency or utility including, but not
rimited:lo, 'any agency supplying water or sewer services or f,acilities toth,e public as
GRANTEE; inay determine in its sole di.scretion without paying any additional compensation to
GRANTO~ or GRANTOR's heirs, successors, or assigns, therefor.
GRANTOR agrees that no other easement or easements shan be granted on, under, or over
this ea'sement 'without obtaining the prior written consent Of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the locati,on ofpipe~
1 ines or other facilities within the boundaries of the easement right of way, or modify
the size, of existing pipelines or ()t~Eirirnprovements as it may determine 'in its sole
discr~~ion from time, to time without paying any additional compensation to GRANTOR or
GRANTOR"s heirs, successors,or as,si'gns,provid,ed GRANTEEdo!!'s not expand its use of. the
ea'sement beyond the easement boundaries described above.
, It is a 1 so understood 11n<:I agte@ by the part i es that the GRANTOR and the GRANTOR's
heirs, sU,ccessors, or assigns, Shall not increase 6rdecrea'se or permit to be increased or
decreased the existing ground elevations of the above-desc'ribed 'easement which ex.ists ,at
th'e time th i s document is executed without obta in i ng thepri or wri tten consent of the
GRANTEE.
In the event of any dispute involving this Agreement, whether or not 1 itigation is
conmenced, or if any arbitrationpr,oceeding, administrative proceeding or 1 itigation in
law or in equity, including an ~ction for ,declaratory relief, is brought to enforce or
i,nterpret theprovi si ons or perfor;mance of thi s eas,ement, the prevail i ng 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.
GRA]:lT,()R express lywarrilntsand represents that GRANTOR hi,lS the power to grant thi s
easement. i,l' 'accordan'ce w,i'th its terms. '
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,...,.,', ,; II WITNESS WHEREOF, the GRANTOR has executed this Easement this, g "':L, day of
, '. 4"',{ ,19 9( . "V-zI/.
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r ThD IS flJ certifytiat lIIetnlel8st III rear pl'npert/cOflvey:;.:! !: .D 1/ 'z
. '.'. , , WRRD /L
bJ!be deed at IJlInt date.tA - 'g' -4 \ frolll r:: ~ l..J<..V.( ,
tI-.l\ to the City
of Poway, a' political'corporation, end/or governmental' agooc,
;$ hereby accapted by the undersigned officer or al;~nt on' be,
"half ,of tile City CouncH'piirsuanf to al1hority ,,,nICfred by
Resolution No, 34'adoJlt8d on Januarj 20, 198Land t~ (Signatures must be notarized)
grntee conseats to recordation thl!feofc by its duly authOlized
, o!ficer.
, ! Dated:
0 '5~ ~o -"U ' ,Ily 'r.n'UK"R~
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GENERAL A~KNOWLEDGMENT C;a"....- /?f:~, 79r -#-3.:<.3 -IRo _~NO'01
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'V G/, MA'r1,,tj' On this the g - day of /?:>"'.l. 19 qJ, before me, I
,~ State of , }SS
\ County of --S;,'" ZJIE?" GH'7 \.. &'" K.0c,J I
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the undersigned Notary Public, personally appeared I
UrA'Orv:/ ~I/ ,
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.1... "0 fJersoMall) Imo':m to lilt:
~provedto me on the basis of satisfactory evidence
~~- to be the person()l(whose nam~ 1'.5 subscribed to the
... ,-.. CATHY BROKAW within-instrument, and acknowledged that ./,,> executed it.
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, " SAN IllfGO COUNTY WITNESS my hand and official seal.
. . "" CamIII. EIp. .... ,14, 11l9(l c:::..~ A~/2./.r-
Notary's Signature /
7110 122 NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.o. Box 4625 . Woodland Hills.CA 91365-4625 I
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~~~.:.:.- EXHIBIT
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