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Grant of Easement 1988-002581 " ~h:.RECbRDING REQUESTEII: ....:..,~. . " - 167 . ,8' 8 0 0 2 5 8 I ,'; ;\CCO!WED itl~ f;,f~i;-!CI,\L n:-(:\lHn:~r.; ...., ". '" . J" r' ,. :'1" ...._ Ur :;J..j d,[ Ilf; r.Ju,11 L tl'_ AM 19aD JAN -S pr<' 9: 50 CITY OF POWAY WHEN RECORDED ~IL TO CITY CLERK City of Poway 13325 Civic Center Drive Poway, California 92064 I ..YErl\ L..LYLE J ~Uti I y H[CnrWi~ This space for Recorder's use NO FEE NO DOCUMENTARY TRANSFER TAX NO FEE Title Order No. Tax Parcel No. GRANT OF EASEMENT (WATER AND/OR SEWER LINES & APPURTENANCES) DONALD W. BREIHAN and LOUTICIA L. BREI HAN, husband and wife, as community property as to an undivided one half interest; and DONALD C. BREIHAN and CAROLYN A. BREIHAN, husband and w1fe, as community property as to an undivided one half interest as to the remainder (hereinafter "GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), tits successors, or assigns, the followillg descr,ibed easement for a rlght of way upon, in, over, under and across the lands described below, to erect, constrnct, reconstruct, replace, rep,:!ir;':" maintain, and use a pipeline or . pipelines for any and all purposes, together with such fixtures This is 1O.Certiiy'tfiMl~ei~Wlt\~I'mMf.$r~". inc,l,uding, 'byihed~o.grantda/l!d 1.9.,~-~l froJJi 1)01'41,( w', t, loulid<\ L, /~ c. <t&...~~ ft '~;~~City of',Poway. a:political corporation and/or governmental agency is hereby accepted by the undmi;;r.cd offi:eror ?;<eiltonlJe. ,half of the City Council pUIT',ant to akihority cllnferred by Rewlution No, 34 edopted on Jariu",y 20, 1981 ~nd the. ,::'!i<(~~;cGn5ants,to'recordationthereot:by itsd~ly:'authorized ' . ';~ice~.. but not limited to, facilities ,. -1- .~.{~tf. J~ 'Q.t-51 8y, YnCL~",'"- V>>\Jrt",..{;c ~ ..,",~" ' . . ~ - , 1 - . 68 ~'. for power transmission and communication purposes, at such .locatiqnsandelevations , upon, along" ,over and under the right of way described below as GRANTEE may now or hereafter determine in its sole discretion without any addi tional 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 rights of way situated in adjacent lands, without any additiohal compens'atfon therefor. The land referred to 'herein and made, sub'ject' to said ea'sement of fight of way by this grant is situated in the City of Poway, County of San Diego, State of California, and is more particularly described as follow's: The 'northerly twenty five (25) feet of the easterly twenty five (25) feet of the Southwest Quarter of the Southeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian. ,SEE'EXHIBIT "A" ATTACHED HERETo AND MADE A PART HEREOF GRAN:rOR., its heirs;, successors, and assigns. shall not erect oJ: construct or permit to be erected or constructed, anY bUildfng, - 2 - . ""~ . 1" ..: structure or improvement on, ov~r or under, ~ny portion of the easem,ent, nor shall GRANTOR, its 'heirs:, Buccessors, or assigns, plant any tree or trees or plant any other vegetation or flora, ~or dig or drill any hole or wells on any portion of the ,easement. GRANTEE may, in'its 'sote discretion, erect, maintain, or u.s,e' gates in all fences which now cross or later cross any portion of the easement. GRANTEE shall also be entitled to trim, cut. or clear away any trees" brush, or other vegetation or flora from time to 'time as GRANT~Edetermines in its' sole discretion without any additional cOl1lpensation. GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement 'wi th 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 GRANTOR's heirs, 'succe13so;:~, 0;- as:;igns. ther,efor. GRANTOR agree that no other easement' or easements shall be granted on, 'under, or over this e,asement' without obtaining the prior written consent of GRANTEE. -3- ,- . --..70 ~ 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, successors, or assigns, provided GRANTEE does not expand 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 decrease or permit to be increased or decreased the existing 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 6'ispute ir.volving this Agre~lIlent, whethe!' or not litigation is commenced, or if any arbitration proceeding, administrative proceeding or litigation in law or in equity, including an action for declaratory relief,' is brought to enfor.ce or -interpret the provisions or performance of this easement, the prevailing 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. -4- ." ',"", On f1RrRMR R R 71 1 g R 7 before me, rhe undersigned, a Notary Public in and for ,said State, personally appeared f)()NI\T,!'\ r RRRTHIIN lI~m rllRnT V~T II RRRTHIIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *, personally known to me or proved .to me on the basis of satisfactory evidence to be the persone.... whose name they subscribed to the within instrument and acknowledged that ~ eXe~ cured the same. . ------~ " CA T. NO. NN00627 TO 1944 CA (9-84) (Individual) i STATE OF CALIFORNIA COUNTY OF SAN DIF.GO } SS. .. II: .. :r .. oJ a . ~ m J Si~nature . fiJ TICOR TITLE INSURANCE r ' ~ '-",----~. f' :r.f.~," DIAN~~c~~';';boRE t ~, . -",.~:~,. . ~ flOY,'llY PUBLIC. C'"UFOR.,A' g ,\,;!~a.~ --:~:.\~,~.!;~,~ PRl~;ClP.\L ~r-FIG~:: IN d ;:.":_..!>';~.:,~~" ,..._~~,. "~.. -"'P!~~.,,,:, .. SA;. uk........ CCU;'l/TY ".,.... "f"j I ~~~.J/ My COr:1miliicn E:.;p, r;O"I. 25, 1588 ~:;1~;':;~':;==h~:'~~;&-:;.ec.:US'.<' _ (This area for official notarial seal) ',' . . ,. 171 ", c GRANTOR expressly warrants and represents that, GRANTOR has the power to, ,grant this ea'sement in accordance with its terms. IN WITNESS WHEREOF, the GRANTORS have executed this Easement on the dates indicated below. 4d/ tf)~-Z on this :J-""hl day of 4~chV.L...J', 1987. DONALD W,BREIHAN ~1J.~::,,;;f: {:hr;rj~n this.;fvnc! day of iJ.e-Cd LOUTICIA L. BRE BAN , 1987. ~'c:~ on this ~\ day of \)~C' , 1987. LD C. BREIHAN ~.~ on this ::JI day of !2t(l/, , 1987. AROLYA. BRElHAN tJ.1 ~ -5- !~ " " ~~~ " . OJ OJ 172 . ;. ~w STATE OF CALIFORNIA ] > SS. 'COUNTY OF SAN DIEGO ] On J:>e Lb\~ :;;l- , 1987 before me, the undersigned, a Not,ary Public in and for the State of California, personally appeared DONALD W. BREIHAN and LOUTICIA L. BREIHAN, known to me (~r proved to me on the basis of satisfactory evidence) to be the persons whose names are subBcribed to this instrument, arid acknowledged to me that they executed the same. I" .~, - OFFICIAL SEAL ~ f!ATRICIA VAlLERO ~. " :' cooJNTy~~CS~~FDiE~o . <.."".~' MY COMMIssioN'EXPIRES SEPT 24.,1983 ()&L WITNESS my hand ,and official seal, STATE OF CALIFORNIA ] > ,SS. COUNTY OF, SAN DIEGO ] On , 1987 bEi'foi:e me, tha undersigned, a Notary Public in and for the State of California, personally appeared DONALD C. BREIHAN and CAROLYN A. BREIHAN, known to me (or proved to me on the basis of satisfactory eviden~e) to be the pers'ons' who'se names are subscrib,ed to thts instrument, and ac~owledged tome that they execut~d the same. WITNESS' my hand and official seal. Notary Public, in and for -6- ; ~ ,- . <,a':1(U'lY A"t"AO ~ ~ SS // I~.,,~~t../ :/~1 ~ l'.:.p:/ ~ \/V' . 1" I'A 'I? L,-.tI1E p~ 11'1: I .". &.- J/ '/ ( I '7 ,\~\ \ ',-H8'l1'/Ce,'iV /Zff. 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