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Grant of Easement 1989-172578 Mail to:SDG&E, P. O. Box 1831 San Diego, CA 92112 ATTN: Office Services, 'Room 611 I VEF:A L. LYLt;_ I ~GUNTY f(ECORO~ cJ2:S- o.Jt! '/,/'/,/.1,-"..- ~ 'lW'~..... I AFNF f I f-:ECllfW[(lIrJ I Off!C1A:_ HFCORDS AF OF SM; ~ if,,: r., UN [Y. CA, Aft -MG UF OC TXPO , -q ~ 't:r~ . 7~ ;. ~~.,...... Recording Requested . 2383 t sAN DIEGO GAS' & ELECTRIC COMPANY When Recorded 89APR-4 AHIO:114 . . - .:.. ~.," .. SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY /fa. %Of)'~ GRANT OF EASEMENT SAN ,DIEGO GAS & ELECTRIC COMPANY, a corporatipn, hereinafter called "Grantor", for valuable consideration, grants to the 'CiTY OF POWAY, a municipal corporation, hereinafter 'called "Grantee", an easement and right of way for public road and utilities purposes'and incidentals thereto, through, over, under and across Grantor's land, situated, in the City of Poway, County of San Diego, State of Cal,ifornia, described as folJows: . , That portion' ,of, Section 6, Township 14, South, Range 1 West, and Section 1, Township 14 :South, Range 2 West, San Bernardino Base and Meridian described as follows: . The Northerly 21.00 feet of the Southerly 51.00 feet of the following described parcel: " Beginning at the Southwest corner of said Section 6; thence South 880 34' 00" East, along the South line of said Section 6 a distance of 325.00 feet; thence North 10 01' 00" West, on a line parallel ,with the West line of said Section 6, a dist;'lllce of 460.00 feet; thence Nortl1 880 48' 21" West a distance of 476.95 feet; thence South 10 01' 00" East a distance of 400.00 feet to a point on, the South line' ,of said Section 1, which point bears North 890 19' 00" West, a distance of 151.96 feet from the Southeast, corner of said Section 1; thence South 890 '19' 00" East along the South line of said Section 1, to the Southeast corner thereof and the point of beginning. Grantee, -its successors~, ?ss,igIl~:'" age!lt~ 'or -~9J?t~~~tOr:S1, sh,all be responsible for 'any damag~, to Grant:orc"". exisl:ingfa,sfUtie" occasioned by or arising froplthe ~.on~tructionj operation or maint"enarice o.f Grant"ee 1'8 fa'cilities within said Grantor's property. Grantee covenants for itself, its ,successors, assigns, agents or contractors, that ~llwork in connection with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto :itself, its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore described -1- -; " . . 2384 . ... , . easement and right of way, for the installation of such facilities as it shali now or in thefut~'fe deem .~-"cessary. Sudh rights shall no,t be exercised by Grantor, its sticcessors ora's's"igtl"s,. 'in stich a manner a's to be unreasonably incompatible 'with. Grantee's installation. Grantee shall, at all times indemnify and saye harmless Grantor against and pay in full 'any and all,loss, damage or expense that Grantor may sustain. incur or become Liable for, re'slilting in any manner from the construction', maintenance, lise, state of repair or presence of Grantee's facilities installed hereunder and' all necessary and proper fixtures and equipment for use in connection therewith, in- cluding any such loss, damage or expense arising out of the (a) loss or damage to property, and (b) injury to or death .of persons, including the defense of any action arising therefrom. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights' granted in this easement shall terminate and Grantee, upon receipt of writteJ1 request, shall execute and 'deliver to Grantor a good and sufficient Quitclaim Deed' to all rights herein granted. Grantor, its successors and, assigns, shall not be required fo bear any portion of the cost q~ construction, maintenance, '~lteration, repair, ~eplacement, relocation or removal of Grantee's facilities installed within the easement herein granted .' The terms, covenants and conditions of this ,easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form ftmay assume. IN WITNESS WHEREOF, the this Instrument to be executed in authorized this 00 ~ day said San Diego Gas its Aorate name of 0..1 (1:l..J & Electric Company has caused by its ~~icer thereunto duly , 19 r:l...c. SAN DIEGO GAS & ELECTRIC COMPANY, :,~~~~ S,n D. Davis, anager Land 'Services Department Drawn Checked Sketch Date SBE No. A.P'. No. McGuire 7JeJOl - 3/8/89 141-37-30, Pel. 3 321-021-04 ~ -2- ~ ~ , ' .' . 2385 On A{cud.J ~ -110, /9~, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven D, Davis, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Manager, Land Services Department, on behalf of San Diego Gas & Electric company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors, STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO r\ , "'NESS my h,,!, and Off(fi~~ "a1 Signature ~ ~fV/Vl1ii., '- . : ~.@ OFFICIAtSEAl BARBARA L CARPENTER -t;; NOTARY PUBLIC, CAlifORNIA PRI~JCIPAl OFFICE IN S . SAN DIEGO COUNTY ~ My Commission hp Mar 27 1990 ~