Grant of Easement 1988-002581
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~h:.RECbRDING REQUESTEII:
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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
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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
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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,
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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.
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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.
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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.
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CA T. NO. NN00627
TO 1944 CA (9-84)
(Individual)
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STATE OF CALIFORNIA
COUNTY OF SAN DIF.GO
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fiJ TICOR TITLE INSURANCE
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f' :r.f.~," DIAN~~c~~';';boRE
t ~, . -",.~:~,. . ~ flOY,'llY PUBLIC. C'"UFOR.,A'
g ,\,;!~a.~ --:~:.\~,~.!;~,~ PRl~;ClP.\L ~r-FIG~:: IN d
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"~.. -"'P!~~.,,,:, .. SA;. uk........ CCU;'l/TY
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I ~~~.J/ My COr:1miliicn E:.;p, r;O"I. 25, 1588
~:;1~;':;~':;==h~:'~~;&-:;.ec.:US'.<' _
(This area for official notarial seal)
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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
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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
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