Grant of Easement Waterline & Appurtenances 1991-0261697
'i
~ . R~CORD~NG REQUESTED BY:~ . DOC.; 1991-0261697
.' )
., ) 758 04-JUN-1991 08:11 Art
; CITY OF POWAY )
AND WHEN RECORDED MAIL TO: ) SAH DIEGO. COUNiY RECORDER'S OFFICE
)
) ~NNEiiE EVANS, (OUNiY RECORDER
CITY CLERK ) FEES: 0.00
CITY OF POWAY ) OC
P.O. BOX 789 )
POWAY, CA 92064 )
)
) (This space for Recorder's Use) rIP
This document affects APN 314-710-17
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GRANT Of EASEMENT ) .
WATERLINE & APPURTENANCES OUt'- (
R & R Partners-Poway, a General Partnership, (hereinafter "Grantor") hereby \Jr
grants to the CITY OF POWAY (hereinafter "GRANTEE), its successors, or assigns,
the fo 11 o.wi ng descri bed easement for a right-oJ-way 20 feet in wi dth, in, upon,
over, ,under .and across the lands described below, to erect, construct,
reconstruct, replace, repa ir, ma i nta in, and use a pi pe 1 i ne or pi pel i nes for any
and all purposes, together with such fixtures and appurtenances, at such loca-
tions and elevations, upon, along, over and under the right-of-way described
below as GRANTEE may now or hereafter determine in its sole discretion without
any additional compensation therefor, together with the right of ingress and
egress from the easement by. a practical 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 right-of-way situated in adjacent lands, without any
.addit ional compensa ti on 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:
(See Exhibit A - Attached Hereto and Made a Part Hereof)
GRANTOR, it heirs, successors and assigns shall not erect or construct or
permit to be erected or constructed any building, structure or improvement or
plant any tree or trees or plant any other vegetation or flora within said
easement without the express written approval of the City of Poway as evidenced
by the signature of the Oi'rector of Engineering Services on an approved plan.
GRANTOR, it heirs, successors and assigns shall not dig or drill any hole or
wells on any portion of the easement.
GRANTEE niay use all gates and fences wo.;ch, now or later, cross any portion
of the. easement. GRANTEE shall also be entitled to trim, cut, or clear away
or remove any trees, brush, or other vegetation or flora from time to time as
GRANTEE determines in its sole discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on,
under, or over this easement without obtaining the prior written consent of
GRANTEE.
759
, . GRANTEE may at an.e increase its use' of the ea.t, change the loca-
ti on .of pipeli nes. or other facili ti es withi n the boundaries. of the easement
right-of-way, or modify the size of existing, pipelines or other improvements as
it may determine in its sole discretion from time.to. time without paying any
additional compensation to GRANTOR or GRANTOR's' hetts,successors, or assigns,
provided GRANTEE does not expand its use of the easement beyond the easement
boundaries described above.
It is a I so understood and agreed by the parties .that the GRANTOR and the
GRANTOR's heirs, successors, or assigns, .shall' not'increase or decrease or per-
mit to be increased or decreased the ex;.sting ground'elevations of the above
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'Agreement, whether or not liti-
gation is conrnenced, or if ,any arbitration proceeding, administrative pro-
ceeding or litigation in law or in equity; including. an action for declaratory
reI ief, is brought to,' enforce or interpret the provisions or performance of
this easement, the prevailing party shall be entitled to an award of all attor-
ney's fees and the costs of the proceeding; which shall be determined by the
court or the presiding officer having authority to make this determination.
GRANTOR expressly warrants and. represents that GRANTOR has the power. to
grant thi s easement in accordance wi th its. terms.
IN WITNESS WHEREOF, the GRANTOR has executed this easement this 3ot-t day
of A;;/"// , 19~.
R & R PARTNERS-POWAY, a
California e
B
tee of the
This is 10 certify tIIallhe illlerest in .~. propirty conlUJld Mohrhoff Family Trust dated
by the cIeecl Ol&l'8llldahld <-j-3 -11 fro", IZ t R April 16, 1987, General Partner
71<,,.1-11...., ,?ow"j to the City ~ R~~cvna
of Poway, a poIijiCllt corpanltion and/or suvemmental8tlllftC7 . By:
is hereby accepted by the undersigned officer ,or aaeat anile- J S RONALD EVANS
half 01 the City CouacH pvnuallllo authority conle!red ~ Its General Partner
Resolution No. 34 adopted,.oo January,ZO, 1981 end the
graolee consents lD raconletlon thereol by its duly eulltorized ;tP~
oHicer, By:
~~~ TIMOTHY J. CALDWELL,
Dated: lr~-~ I At~orney-in-~act, Pursuant to
Durable Power .of Attorney dated
July 17, 1990 recorded in the
Official Records of San Diego
County, California on
August 9, 1990 as Instrument
No. 90-437030
. 760 .
.
ACKNOWLEDGEMENT
STATE OFCAUFORNIA )
o rCl11 J e- )
COUNTY OF )
On the :3 ()--f17 day of A;P,r;' I , 1991, before me, the undersigned, a Notary
Public in and for said State and County, personally appeared ROGER A. MOHRHOFF, Trustee, personally
known to me (or proved to me on the basis of satisfactory evidence) to be a general partner of R & R
PARTNERS - POW AY, the general. partnership that. executed the within, instrument, and acknowledged that
such partnership executed the same.
WITNESS my hand and official seal. N:tl!JI ~
OFFICIAL SEAL
1. McCOMAS
NOTARY PUBLIC. CALIFORNLII
ORANGE COUNTY
My COmm. Expires ADol 22. 1994
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
OrM1q e )
COUNTY OF )
J
?, 0111 ib? ,/
On the;J day of r'" 1991, before me, the undersigned, a Notary
Public in and for said State and County, personally appeared TIMOTHY J. CALDWELL, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument as the Attorney'in.Fact of JAMES RONALD EVANS, and acknowledged that he
subscribed the name of JAMES RONALD EVANS thereto as one of the general partners of R & R
PARTNERS. POW A Y, the general partnership that executed the within instrument, and his own name as
Attorney-in-Fact, and acknowledged to. me that such partnership executed the same.
WITNESS my hand and official seal.
@ omo"""",, ~ erfYl/llvv
.," . . 1. McCOMAS
0>. . NOTARY PUBUC. CAlIFQRNLII
ORANGE COUNTY
F \ MyComm. [xpiresApriI22.1994
,,-'.' . 761 .
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TArT &'ASSOCIATES, INC.
Consulting, Engineers
WATER EASEMENT DEDICATION
IN PARCEL 7 OF PARCEL MAP 15808
Two strips of land 20 feet and 10 feet wide respectively, for
a water easement and incidental purposes, affecting Parcel 7 of
Parcel Map 15808, in the City of Poway, County of San Diego, State
of California, centerlines of said strips more particularly
described as follows:
Beginning at the Southwest corner of said Lot 7; thence North
01"05'35" East 29.77 feet along the Westerly line of said Lot 7 to
a point, said point being the True Point of Beginning of the 20
foot strip; thence South 88"54'25" East 15.00 feet; thence North
46 ".05'35" East 31.11 feet; thence South 88~54'25" East 70.50 feet
to a point, said point hereafter referred to as Point "A"; thence
continuing along last said course South 88"54'25" East 5.00 feet
to the terminus of said 20 foot strip; thence from said Point "A",
said Point "A" being the beginning of said 10 foot strip; thence
South 01"05'35" West 39.00 feet to a point, said point hereafter
referred to as Point "B"; thence continuing along last said course
12.77 feet to the intersection with the Southerly line of said Lot
7, said intersection being the terminus of said 10 foot strip; said
intersecti'on is distant South 8'8 "'54'25" East 107.50 feet 'from the
Southwest corner of said Lot 7; thence from said Point "Bu South
88"54'25" East 16.00 feet, last said course also being the
centerline of a 10 foot strip.
G:LEG101
800 N, Eckhoff 51. / P.O. Box 4429/ Orange. CA 92613/ (714) 634-4800 / (714) 634-0303 FAX
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@2O' WATeR E7fSEMENT TO CITY OF POWAY. SITE
@ 10' WAnJI; EASEMENT 70 CITY OF POWAY. "
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VICINITY MAP
NO SCALE
TAIT & ASSOCIATES . WATER EASEMENT DEDICATION
3.675 RUFFIN RD., STE. 320 in PARCEL 7, P. M. 15808
SAN DIEGO, CA. 92123.
619 - 278-11101
DATE: 2/12/9,'