Grant of Easement Sewer Lines & Appurtenances 1998-0013425
-(
.:-:' ;R:.CORDINGREQUESTED S"
Doct 1998-0013425
,
)
)
CITY OF POWAY )
AND WHEN .RECORDED MAl L TO: l ~f
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No transfer tax due ), ~~ (This space for Recorder's Use)
Tax Parcel No. 314~650-32 & 35 (Old) NO DOCUMENT TRANSFER TAX NO FEE
314-650-40', 41, & 42 (New) ~ I<' -1\Ie<M't:.
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES)
'.....
AM
J.an
12,
1998 9:38
CUY CLERK
CITY OFPOWAY
P,O, SOX 789
POWAY, CA 92064
12,50
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NIl
DWHLS, L,P", a California Limited Partnership (hereInafter "GRANTOR") hereby
grants to CITY OF POWAY (her.einafter "GRANTEE") its successors, or assigns,
the fo 11 owi ng descri bed easement for a ri ght-of-way, ,20 .00 feet in wIdth, in,
upon, over, under and across the lands descrioed in Exhibit "A," to erect,
construct, reconstruct, replace, repair, maintatn, and use a pipeline or
pipelines for any and all purposes, together with suth fixtures and
appurtenances, including, but not. 1 imited to, facll it.i~s for power
transmission and communication purposes, at such locations and elevations,
upon, a long, over and under the ,ri ght-of~way descri bed in Exhi bi t "A" as
GRANTEE may now or hereafter determine in its sole discretion without any
additional compensation there~or, together with the rIght of ingress and
egress from the easement' by a pract i ca 1 routeo,r routes in, upon, over, or
across the land described below, together with the right to use this easement
for access to GRANTEE' srights-of-way situated in adjacent 1 ands, without any
additional compensation therefor.
Thelahd ehcompassing this easement is situated in the !ountyof SAN DIEGO,
State of Cal ifornia, and is more particularly described as fol,lows, to wit:
Parcels 1 and 2, in the City of Poway, County of San Diego, State of
California, accord~ng to Parcel Map thereof No. 10528, filed in the
Office of the County Recorder of said County on October 2, 1980,
GRANT;OR, its heIrs, successors and assigns shall not erect or construct or
permit to be erected or constructed any building, structure or improvement or
plant any tree or trees or plant any other vegetation or flora within said
easement wi thout the express written approval of the City of Roway as
evidenced by the signature of.the Director of Engineering Services on an
approved plan. GRANTOR, its heirs, successors and assigns shall not dig or
dri 11 anyho 1 e or well s on any port i on of the easement. "
-'
GRANTEE may use all gates and fences which, now or later, cross any portion of
the easement. GRANTEE. shall' al so be entitl ed to trim, cut, or cl ear away or
remove any tr,ees" brush, or other vegetation or flqra from time to time as
GRANTEE determines in its sole discretion without any additional compensation,
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,
o
1251
G.RANTEEmay at any ti_increase its use of the easemet change the location
of pipetines or other facilities within the boundaries of the easement right-
of-way, or mbdtfy the si ze of exi st i ng pi pe 1 i nes 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 part,ies 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 ~rbund 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 proceeding, administrative
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 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.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant
this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~ ~ day
of 1='e8. , 1995.
, This is 10 certify tbat the interest in real Il'operty r.'lI1',"8d
by t~e deed or grent dated J -\.0 - ~ \' from 1>..) \41" LP,
Q Cc..\;\O,"'; "':" L...,;k,i P",..+""...,.,: D 'In llle'CiS
of Powa,. e JlI1lnltal QlIJIOretion end/or &\lvornmelllal aaen:
IS hereby accepted by the undersigned officer or agent on be-
hall of. the City Cour.cil PUISll~nt to euthlirilJ QlAf6n1d by
Resolution No. 34 adopted on January 20, 1981 -and II!e
grantee consents to recordation thereof by its duly autllorized
offICer.
(Signature must be notarized. Notary
form attached.)
Dated: I' 2.- 96
Ilr~
C-ALlFORNIA ALL~PURPOS'CKNOWLEDGMENT
.
1252
No. 5907
State of ~_""'~ ,
County of ./ ~- 4+
On d,j.JI.U~ h j 9?~ before me, t!. ' ,
{7DATE I ~ NAME, TITLE OF OFFICE - E.G.,
personally appeared .Il ~d, ;/ ~A}
~ /" NAME(S) OF StGNEA(S)
o personally known to me - OR - ~ proved to me on the, basis of satisfactbrx._evidence
to be the persor1'(-sl whose name(9.). is/a-re..
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in hiSIhe..r/th-eJr authorized
capacity~ and that by his7i'te.r/tll'oo
signature\s}.-on the instrument the person~
or the entity upon behalf of which the
persones.z acted, executed the instrument.
j- - .'. . . . - - . . - "-If
' ,";,.:. ". VIVIAN MAC liS
;;; /.,,,,,~~,, COMM, #1039231 z
~ ,,~ -< . _. Notary Public - CaOfamla ~'
-,".La' SAN OIEGO tOUNlY -
J .", -" MyCamm. Exp"", SEP 21.1998 (
~v ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ .
WITNESS my hand. and official seal.
~/--?7~-~
SIGNATURE OF' OTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the documenl and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
RI CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
!iu4-i!E~
T lE OR TYPE OF DOCUMENT
KL PARTNER(S)
~ LIMITED
o GENERAL
o AlTORNEY,IN'FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
:f4~t'c t( !Y?,r-
DAT OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(tES)
()
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
m
.
=~~lg~.~~~'?,~~y
350W, 9th A...n..... E~."diclo, elllilorn;o 92025 T.'.phone 1(19) 7AI-9911
1253
JOB NO.
LEGAL DESCRIPTION FOR:
BV
DATE SHEET
1199
EXHIBIT "A" SEWER EASEMENT
.CHK'D.
12-22-94 ] of I
An easement for the installation and maintenance of sewer mains and appurtenances over,
under, along and across that portion of Parcels I and 2, in the City of Poway, County of San
Diego, State of California, according to Parcel Map thereof No. 10528, filed in the Office of the
County Recorder of said County on October 2, 1980, described as follows:
PARCEL 1
A 20.00 foot wide strip of land lying 10.00 feet each side of and parallel with the following
described centerline:
Beginning at the intersection of the herein described centerline with the West line of said
Parcel Map, said intersection bears South 0020'35" East, 188.83 feet along said West line from
the Northwest corner of said Parcel Map; thence leaving said West line along said centerline
North 20053'00" East, 111.29 feet to a point herein designated and hereafter referred to as
Point "A"; thence continuing along said centerline North 20053'00" East, 89,00 feet to the
North line of said Parcel Map,
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
West line of said Parcel Map No. 10528 and terminate in the North line of said Parcel Map,
PARCEL 2
Commencing at Point "A" described in Parcel I above; thence North 69007'00" West,
10.00 feet to the True Point of Beginning; thence North 24007'00" West, 19.80 feet;
thence North 69007'00" West, 15.00 feet; thence North 20053'00" East, 20,00 feet;
thence South 69007'00" East, 15,00 feet; thence North 65053'00" East, 19.80 feet to the
West sideline of Parcel I described above; thence along said West sideline South
20053'00" West, 48,00 feet to the True Point of Beginning.
This legal description and
prepared by me or under
of this document were
r~_WJ~ ~.~+S?:l1
Francis W. Fitzpatrick L. S. 4539
License expires Sept 30, 1998
Davis/314-650-32&35
COMPANY
DESCRIPTION
TITLE co.
REFERENCE
BV
REI/ISIONS
DATE
ORDER NO.
DATE
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SEWER" EASEMENT
.' ,,' LEGAL DESCRIPTION