Grant of Easement Water Lines & Appurtenances 1986-174311
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, RECORDI NG REQUESTED BJ!II',
~It n1l[ INS~RA~~~ 'rl~'~~~N~ OF CALIFORNIA
WHEN RECORDED, PLEASE MAil
THIS INSTRUMENT TO:
-OOt 101
.. 86- 174311
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,GFFiCI,\LRECOi?f),; I
0;- ;st,11 DIEGO CiJUiii y, ::'~'"
CITY CLE~K .
CITY OF POWAY
P~ O. BOX 785
POWAY, CA 92064
IS86 NA Y - 2 A~I Ii: 03
I _:VERh L L,(U~n I
~UNfY RECORD~
SPACE ABOVE FOR RECORDER'S USE ONL Y
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GRANT OF EASEMENT
WAT.ER LINES AND APPURTENANCES
STANDARD PACIFIC OF SAN DIEGO
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(hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE").its successors, or as'signs, the following described easement for a
right-of-way 20 feet in width. in, upon, over under and across the lands
described below to erect, construct. reconstruct, replace.., repair, maintain. and Lise a pipe-
line or pipelines for 'any and all purposes, together with, such fixtures and appurtenances,
including, but not limited to, faciliti,es for power transmission and communication purposes,
at such locations and elevations, upon, along, over, and under the right of way described
below on GRANTEE may now or hereafter determine' in its sole discretion without any addi-
tional compensation therefor, together with the right of ingres's and egress from the ease-
mEll1t by a practical route or routes in, upon, over, or across the land described below, to-
getheO'" wi,th the 'right to use this easement forilccess 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 Cali-
fornia, and is more particularly described as follows, to wit:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF
Page 1 of 5
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(SEE._EXHI-BIT "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF)
Grantor, its heirs, successors, and assigns, shall not erect or construct or permit to be
erected or constructed, any building, structure ()r improvement on, over or under any
portion. of the easement, nor shall GRANTOR, its heirs, successors, or assigns, plant any
tree or trees' or plant any other vegetation or flors, nor dig or dri II any hole or wells on
any portion of the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now
cross or later cross any portion of the easement. GRANTEE shall also be entitled to trim,
cutoY ,clear' away, any trees, ',brush, or other vegetation or flors from time to time as
GRANTEE may determines in its, sole discretion without any additional compensation.
GRANT,EE 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 limited to, any
agency supplying water or sewer services or facilities to the public as GRANTEE may
determine in its sole 'discretion ""ithout paying any additional compensation to GRANTOR or
GRANTOR's heir,s, successors, or assigns, therefor.
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.
GRANTEE may at any time increase its use of the easement, change the location of pipelines
or other facilities within 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 heirs; suc-
cessors, or a signs, provided GRANTEE does not expend 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 decr,ease or permit to be increased or
decreased the existing ground elevations of the above-describ,ed easement which exists at the
time this document is executed without obtaining the prior written consent of the GRANTEE.
I n the event of any dispute involving this Agreement.; whether or not I itigation is com-
menced, or if any ,arbitration proc'eeding, administrative proceeding or litigation in law or in
equity" including an action for declaratpry relief, is, brought to enforce or interpret the pro-
visions or performance of th is easement, the prevai I ing 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 determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
In Witness
MruM
Whereof. the GRANTOR has executed this Easement this
19 g/?
dg{[ day of
STANDARD PACIFIC OF SAN DIEGO
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By:
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ent
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OFFICIAL SEAL
JULIE A. fllRK
NOTARY PUBUC - CAUFORNIA
, SAN DIEGO COUNTY
My Comm"E.xpires April fb, 1989
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By:
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Asst. Secretary,
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Page 2 of 5
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EXHIBIT "A"
OFF-SITE WATER EASEMENT
A strip of land 20 feet in w'idth lying in a portion of the North half of Southeast
Quarter of Section 2, Township 14 South, Range 2 West, San Bernardino Meridi-
an, in the County of San Diego, State of California, according to the Official
Plat thereof, the centerl ine being described as follows:
Commencing at the Southwest corner of said North one-half of the Southeast
Quarter of said Section 2; thence along the Southerly I ine thereof South 86050'51"
East 578.24 feet to the Tru.e Point of Beginning, thence leaving said Southerly
line. North 1008'54" West 140 feet more or less to the Southerly I ine of the
existing easement and its westerly extension (if required) having a bearing of
South 85047'58" West granted to the Poway Municipal 'Water District as described
in Parcel 3 of the document recorded on November 21, 1980 as Filel Page No.
80-392581 of Official Records, the sidelines of said strip of land to be shortened
or lengthened to terminate on the. Southerly line of said existing Parc;:el 3 of. the
aforementioned document and on the Southerly I ine of said North one-half of the
Southeast Quarter of Section 2.
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Page 3 of 5
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CAT. NO. NN00737
TO 21945 CA (1-83)
XCorporation)
(gJ TICOR TiTlE INSURANCE
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STATE OF CALIFORNIA
COUNTY OF San Diego
On March 28. 1986 before me, rhe undersigned, a Notary Public in and for
said State, personally appeared Robert M. Allan
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and .TpT'r~l ~~ XP
personally known to me or
proved to me on the basis of satisfactory evidence to be
the r.erson who executed the within instrument as the
Asst. Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and ,officj,1 seal. ,
Signature tdw {L,~i
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.' ' OFI'rCLAL SEAL
" , JULIE Po. KIRK
. NOTARY PU3UC. CAiJFORNIA
SAN DIEGO COUNTY
My Comm. Expires April 26, 1989
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(This area for offl.cj,!!_notarial seaJ)
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-\Fr EXISTING 20' WATER L.I SEMENTG~59
\, ,TO POWAYMUNICIf)AL WATER DISTRICT,O
r-/\ FILE NO. 80-392681 OF O. R. RECORDED
\ I \ NOV. 21, 1980 ,----=
20 \~ '----. pJ-flCE\.. 5
-, JE)(\Sf\NG tAEN1'
\ ,of E~E ~
S 85~47'58"W- -----
FOR CITY COUNCIL \~J{I!~ ""
ACTION ,IN CONJUNCTION:':,:- ':-:':-:.
:;;~~=y OF \ \t$'ill; POR "II? ">' II<'
TRACT NO.4191-IR \ \\I$~iI SEC "2: T:,J3.~q2~'i
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" \ \l~ljl t 20' WAT~ :~:
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\ ,I:::::::: ::::::: SOUTH LINE OF
_:'; ;:~. f N 1/2 OF S.E.//4 SEC,2
\ N 86050'5'''W 2682.78'
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PLAT OF'EASEMENT
FOR WATERLINE TO
CITY OF POWAY
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2:
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b
l:l ,S.W, CORNER N 1/2
OF S.E. 1/4
(:tI __ 578.24'
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F.D. 2 I.P.
R.C.E. 19375
PER MAP 8885
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CAMINO DEL NORTE
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COMMUNITY
ROAD
WATER EASEMENT
SHOWN THUS:
~i::~i::~::!i::j::~::!~1:ij[~i;:;:::;::;::::::::
O' 20'40' .
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ViciNITY MAP
( NO SCALE)
GRAPHIC SCALE
EXHIBIT B
OFFSITE WATER EASEMENT WU..II..DAN ASSOCIATES
'CIT ,V'llY7 CONSULTING ENGINEERS 80 PLANNERS
Y OF POWAY TRACT 4191-IR \IJW J'JJCAMtNOd~,ios,SUITE207,"NO"GO,C""O. 2819211
S,CALE ;AS ,SHOWN: DATE: JAN 1986 J08 NO, 6709
Page 4 of 5
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~RTIFICATE OF ACCEPTANCE
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I, MARJORIE K. WAHLSTEN, as City Clerk, and agent
for CITY OF POWAY, make the following certification
on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated (l1"-""}" 6\ 8 ) ('1 '6'(."
from
Si {jv..&.4f'~ ?""L;-1- 'L o{, S"-v- 0'12<; "
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to the CITY OF POWAY, a political corporation and/or
governmentalagericy is hereby accepted by the under-
signed officer or agent on behalf of the CITY COUNCIL
pursuant to authority conferred by RESOLUTION NO. 34,
_ adol!te<! on Ja!luii~y 20_, 1981.'_9-nd the, grantee ..consents_
to recordation thereof by its duly authorized officer
or agent.
Dated:
S ..1- 31."
CITY OF POWAY'
By:
J1\~>~ ;< ;)U~0>6:....
Marjorl€ K. Wahlsten '
City Clerk
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(DPS 3/82)
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