Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0261704
"-;. c;~ '<; BECi'ROING REQUESTED BY' 785 DOC~: 199'1-0261704
) 04-JUN-1991 08=26 AM
CITY OF POWAY )
) ,SAN,D!EGO COUNTY RECORDER'S OFFICE
) ANNETTE EVANS, COUNTY RECORDER
,AND WHEN RECORDED MAl LTO: ) FEES: 0.00
) DC
,CITY CLERK )
CITY OF POWAY )
P. O.BOX 789 )
POWAY, CA 92074 )
) (This space for Recorder I s use)
Tax' Parcel No. 323-180-17 f,~
,GRANT OF EASEMENT ~I\~p
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(WATER AND/OR SEWER LINES & APPURTENANCES) I'
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GLENOEL'ANO RILLAWESDLAK, Husband and Wife as Joint Tenants
(hereinafter "GRANTDRU) hereby grants, to CITY OFPOWJW, (herejnafter "GRANTEE"), its suc-
cessors, or assigns" the fol lowing described easement fOr a, right ,of way 20 feet in
w,idth, in, upon,' over, under and, a~ross the lands described be,low, to erect,constriJct,
recon'struct, replace, repair" maintain, and use a pipeline ,or pipelines for any and all
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p'urposes, together with such ,fixtures and appurtenances ,i}lcl uding, but not I imited to,
facil it i es for power transmi sslonand corrrnun icati on purposes, at 'such I oca ti ons and e.l'eva-
ti ons, upon, along. over and under the ri ght of way descri bed be low as GRANTEE may now or
hereafter determine in its sole diScretion without any addj,Honal compensati.on therefor,
together with the right of ingr~ss' and egress from the easement by a practical route or
routes in, upon, over, or acro~,s, the land described below, together with the right to use
thi's easement for access to GRANTEE's rights of way situated in adjacent lands, without any
additional compensation therefor.
The land encompass,ing this easement i's situated in the County of San OiE!go, State of
California, and is more particularly described as follows, to wit:
~WENTY FOOT BY TWENTY FOOT EASEMENTS LOCATED AT THE SOUTHWEST AND SOUTHEAST CORNER OF
THE LOT WHICH IS DESCRIBEO,ASTHE WEST HALF OF THE SOUTH 2.5 ACRES OF THE NORTHEAST QUARTER
OF THE ,NORTHWEST QUARTER 9F'SEQTION i8, TOWNSHIP 14 SOUTH, MORE PARTICULARLY DESCRIBED IN
THE DOCUMENT DATED SEPTEMBER 17; 1984 BEING DOCUMENT NUMBER 84-351986.
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Said eas'ement of r'jght of way ,in the aforesaid rands is particularly described'as,
follows:
See Exhibit "A" atta'ched hereto and' incorporated herein by this reference.
6/K/ESMT -DIl2
, 786
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.-' '::,'GRANJORi;;' its"hei rs, sucgss,o s; iind as$igns. shall not erect or construct or permit to
be erected or constructed, any burl di ng, ,structure 6'r improvement on, over or under any
p'ort ion of the easement, nor sha.ll GRANTOR, its hei rs, successors, or ass i gns, pI ant any
tree, or tr~es or plant any other ve'getation or flora, nor dig or drill any hole or wells
on ,any portion ,of the easem,ent.
~RANTEE may, in its sole discretion, erect, maintdin, or use gates in all fences which
now cross or later cross any portion of the easement. GRANTEE shall also be entitled to
tr,f!!1. c~t" orc,lear away any trees, brush, or other vegetation or flora from, time to time
as GRANTEE determines in its sole discretion without any addilional compensation.
GRANTEE shall be entitled to ,partition, assign,joint venture, or share all or any
portionDf this easement with any o~her public agency or utility including, but not
I imited to, any agency supplying water or sewer services or faci I ities to the public as
GRANTEE may determine in its so,le discretion without paying any additional compensation to
GRANTOR or GRANTOR's heirs, successors, or assigns, therefor.
GRANTOR agrees that no other eiisement or easements shall be granted on, under, or over
~ this easement without obta,ining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipe~
lines or o,ther facjlit\es within the boundaries of the easement right of way, or modify
the s,ize of existing pipelines or oJher improvements as it may determine in its sole
discretion from time to time witho~t 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 boundari'es described above.
1t is also understood and agreed by the parties that the GRANTOR and the ~RANTOR's
heirs, ,successors, or assigns, shall not increase or decrease or permit to be increased or
decreased the existing ground elevations of the above-described easement whi,ch exists at
the time this document is executed wilhout obtaining the prior written consent of the
GRANTEE.
In the event of any disputeiQvolving this Agreement, whether or not 1 itigation is,
conrnenced, or if any arbitration proceeding, administrative proceeding or 1 itigation in
law or in equity, including an action for declaratory relieJ, is brought to enforce or
interpret the provisions or performance of this easement, the prevailing party shall be
e~Dtined to an award, of all attorney's fees and the costs of the proceeding, which snaIl
be determined by the court or the presiding officer having authority to make this deter"
'I mination~ '
j GRP.-t:!T'OR express,ly warrants and represents that GRANTOR has, the power to' grant thi s
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'1- easement in ac'cordance with 'its terms.
"
I ~'J;~SS ~Hi~~J'. the GRANTOR has executed this Easement this /~ :;t{ day of
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~lhedeed?'lIIntd.t~~~I~:'iI_iromCI~e.1 r;.,..t , ',,', ' ' r)
!, ~;}'\A Wesol"k. Iothe,City
of Poway, a pol~ical corpomion"an~/or governmental agency "
is hereby accepted by tfle undersigned officer,r,r agent en b..'
half of Ihe City Council. pursuant to authority r~nlbfred b,
Resoiution ,No, 34 adopted on January 20. 1961 anti t~ (Signatures must be ~otarized)
. graatee consents to recordation thereof'by ~s duly authorized
. 'officer.
,
I Daled: '5 - 3> 0, ~4 , By ~iU~ti.-
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I INDIVIDUAL ACKNOWLEDGMENT 787 NO.2:l1
Stateof~ }ss, ~~~Lm.lft~ 1!1l~~
.~ counfy~~ ~
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YJfaAd~ ~t:: '
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''! the undersigned Notary Public, personally appe red
--JtLdJ t2AA d KJJa / iJMdcu( -
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NotarrDl~ A'A. o !38f36I1o.lIy I-.llUWfl LV lilt:::'
SAN OlEGOCOUNlY )i. proved to me on the basis of satisfactory evidence
MrQ,...1 r "= .9Iptres
AprlI26.1994 to be the person(s) whose name(s) tlA.R 5tJbscribed to the
within instrument, and acknowledged that j-j,:;; t:l"t:l,.;uted it.
.
WITNESS my hand and ~
"-P~ ~
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent I aud~nt 0 t . certificate to another documenl~
Tltl 'Ji to - 30:8-J. iJ -/7
, THIS CERTlRCATE I e or ype 0 ocumen .
. MUST BE AlTACHED Number of Pages~ ' :.. Date of Document 11-/ t9 - 'f /
,
TO THE DOCUMENT ~
DESCRIBED AT RIGHT: Signer( s) Other Than Named Above: --'J1 A-# f?
~ 7100-010 Cl NATIONAL NOTARY ASSOOATkJN. 8236 RemneIPwe.' P.O. 8oJo:: 7164' Canoga Park, 0\ 913)4 7184
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