Grant of Easement Water/Sewer Lines & Appurtenances 1983-150791
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REGORDING~REQUESTED BY: i., I OF SMI DIEGO [OUfiTY. lA,
RECEIVED 1!183 flAY -9 8 37
CITY OF POWAY AM
MAY 3 1 1983 I VEPi\ 1.,l{[,E I
AND'WHEN RECORDED MAIL TO: COU"TY Fc.'r,pnER
CITY OF POWAY .. .Lt... _ '.. _ \--,
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NAME CITY CLERK
CITY OFPOWAY CITY CLERK'S OFFICE
STREET P. O. BOX 785
ADDRESS
POI'l,AY, CA. 92064
CITY: NO Fl!E
STATE This space for Recorder's use
ZIP
Title Order No. NQ DOCUMENTARY TRANSFER TAX NO FEE
323-261-13 ' -
Tnx Parcel (\:0.
GRANT OF' EASEMEN,T & APPURTENANCES)
(W2\TEP. AND/OR SEWER LINES
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CITY OF POWAY
(hereinafter ., GRANTO H") herehy ~riin ts to;. _ _ _ _ _ _ __ ~ _ _ _. _ ~ _ __ __ _ ~ u. __ _ _._ __ _~.. _ __ __ _ _ __ __ ~_ _~ __ ___ _ _ _ __ __ _ _ _ _._._ ___ _ ____
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'(hereinafter "GRANTEE"), its successors, or ngsigns. the following described easement for a right of wfly__!5?.'____________
feet in width, in, Upon. over, under and across ~he lands described below, to erect, construct, reconstruct, replace, repoir,
mnintain,n~d use a p.ipelinc or pipelines, for any and all purposes, together with such fixtures nnd appurtenances, inCluding,
but not limited to, facilities for. power tmnsmissionnnd communication purposes, at such locations and elevations, upon,
along, o\'er and under the right of way described below os 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
GRAi':TEE's 'rights of ....:3y situated.in adjacent lands, without any additional compensation therp..f.Qt.:_.__~
The lnnd encompassing this eaRement is situate'd'in the County of _~~_:r:__~?:.~_9_C?____, State of California, and is more
particularly described as follows. to wit:
SEE EXHIBIT II 'A II ATTACHED HERETO AND MADE A PART HEREOF
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Said'easement'i:lf,right Of.WBY in,the aforesa~d lands is particularly described as follows:
(SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF)
GRANTOR, its heirs. successors, and assigns. shall not erect or construct,or pennit to he erected or constructed, any
building, structure or improvement on, over or under any portion of the easement, nor shall GRAt"l'TOR. its heirs, successors,
or ass~gns. plant any tree or trees or plant any other vegetation or flora, nor dig or drill 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. GRANJ'EE shall also be 'entitled to trim, cut, or etea! away any trees, brush. or other vegetation or
flora from time to time as GRANTEE detenniries' in its sole discretion without any additional compensation.
GRA1'JTEE 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 without paying any additional compensation to GRANTOR or GRAt'lTOR's
heirs, successors, or assigns, therefor.
GRANTOR agrees thai 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 I_ocation of pipeli nes or other facilities within
the boundaries of the easement right of w?-,.y, or mo.dify the size of existing' pipelines or other improvements as it may deter-
mine in its sole discretion from time to t!me without paying any additional compensation to GRA.NTOR or GRANTOR's heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries de-
scribed 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 decrease or permit to-be increased or decreased the e~isting 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 litigation is commenced, or if any arbitration pro-
ceeding, adminstrative proceeding or litigation in law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions or performance of this easement, the prevai.ling party shall be' entitled to an award of all
attorney's fees and the costs of the proceeding, which shall be deterrriined by the court or the presiding officer having au-
thority to make this determination.
GRA.:.~TOR expressly warrants and. represents thot GR.A...NTOR has the power to grant this easement ir. accordance with
its tenos.
1111 Witnrss WIJrrrof, the GRANTOR has executed this Easement this_~.~",~::__.day of ___!}i'J::H::____ , 19__r_~,
This is to certify ,that the interest in re31 propert, coo,./01 ..:~,~L4: ....,..............
bythedeedorgrantdated'fI~5/5'3 from.tlEfl ALL!:),! , ' " Qtm
~ \.ZA"'\E~ Co\rlAR\l"O ~\ to the City a
of Powa"a'politicslcorpnrat;onand/oreo,ernmontalag.ncy ......~,:..~O n. ,Ck~ " iY\...,
is hereby ~cc~pt<d b:' the undc;,!!~n'j',eifi:cr or ~~ent on be- ,\,..~
half of the City CO!.l:1cil ~1JfS:l;j;t to [flt:wr:ty conferred by
Resoliitlon ilo~ ~4, adopted ,0;1 Jar.u::ry 20, 1931 and the .......................................................................
~r(inte{J consents to rcccrdatiiJ_n tn:=raof by its' duly"::luthori~ed
officer,
Dated: '~B~lIW(~ K VVCcA0::,G:v ,......,..........................................,............,......
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EXHIBIT "A"
THAT PORTION OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE
1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT
3 WITH THE WEST LINE OF THE EAST 825.00 FEET OF SAID LOT: THENCE
ALONG SAID WEST LINE SOUTH 01"24'20" EAST 607.50 FEET TO THE
TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID WEST LINE
SOUTH 01024'20" EAST 82.50 FEET TO THE SOUTHEASTERLY CORNER OF
LAND DESCRIBED IN DEED TO TERRY F. SPAIN,ET UX, RECORDED SEPT-
EMBER 18, 1960 AS FILE NO. 161294: THENCE ALONG THAT SOUTHERLY
LINE OF SAID SPAIN'S LAND, SOUTH 88035'40" WEST 197.37 FEET:
THENCE NORTH 00047'50" WEST 82.51 FEET, MORE OR LESS, TO A LINE
THAT BEARS SOUTH 03035'40" WEST FROM THE TRUE POINT OF BEGINNING,
BEING POINT "A" OF THIS DESCRIPTION: THENCE NORTH 88035'40" EAST
TO THE TRUE POINT OF BEGINNING.
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EXHIBIT "B"
AN EASEMENT OF RIGHT-OF-WAY FOR MAINTENANCE AND REPAIR OF
PIPELINE, OVER, UNDER, ALONG AND ACROSS A 10.00 FOOT WID~
STRIP OF LAND LYING WITHIN THAT PORTION OF LOT 3 IN SECTION
18, TOWNSHIP 14 SOUTH" RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING 'TO 1'HEUNITED STATES GOVERNMEN'r SURVEY, THE CENTER
LINE OF SAID 10.00 FOOT WIDE STRIP IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 3
WITH THE WEST LINE OF~AE EAST ~25.00 FEET OF SAID LOT 3; THENCE
ALONG SAID WEST LINE, SOU.TH 01024'20" EAST" 770.00 FEET TO. THE
SOUTHEASTERLY CORNER OF THAT LAND DESCRIBED IN DEED TO TERRY
F. SPAIN, ET UX, REC0RDED SEPTEMBER 18, 1968 AS FILE NO. 161294;
'I'HENCEALONG THE SOUTHERLY LINE OF SAID SPAIN'S LAND, SOUTH 880
35'40" WEST 384.74 FEET TO THE EAST LINE OF THE WEST 310.00 FEET
(measured along the north line) OF SAID L0T '3; THENCE ALONG SAID
EAST LINE NORTH 00011"'20" WEST 77.5'0 FEET TO THE T'RUE POINT OF
BEGINNING; THENCE NORTH 8'80 35' 40" EAST, PARALLEL WITH THE SOUTH-
ERLY LINE OF SAID SPAIN'S LAND, TO THE INTERSECTION WITH THE WEST
LINE OF THE EAST 825.00 FEET OF SAID LOT 3 AND THE POINT OF
ENDING.
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~" State of Cfl~/PDR.NII1} Onthlsthe2ft dayof /tPf2./L 19i1",;',beforeme, ':'
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PARTNERSHIP ACKNOWLEDGMENT
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CORPORATE ACKNOWLEDGMENT
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