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Grant of Easement Water & Appurtenances 1990-218652 '. 'RECORDING REQUESTED BY,:. CITY OF POWAY AND WHE~ ,RECORDED Mil. I L ]'0: CITY CLERK cITy OF powi\y P.O. BOX 789 ' POWAY, CA 92064, ) ) ) ) ) ) ,) ) ) ) ) 1669 eyo. a, i'12.. 90 .186;)2 REC~IM~W:~~!;,~~P hjF '~,\~ im::~~;i."1 ;;i,:j ':~'i .-c~~;\.," ~ r;O:hPR 23 PM 2: I 2 c ~1HJ~ ~ [f\S~~~~t ~~. .l ,';~.~ ;'. -;~ This space for Recorder's use 'This document affects APN 314-632-45 & 46 NO FE~ GRAHT OF EASEMENT Water and Appurtenances Sun Coast Home's", Inc,. ia CaFiforniaCor-poration, (hereinafter "GRANTDR") hereby grants to CiJY'OF'pOWAY :(hereina'fter "GRANTEE") ~ its successors, or assigns, the following descr1bea easement for a right of way ,20 feet in width, in, upon, over, under and across the lands described below, to erect, construct, recons,truct, replace, repair", maintain, and use a pipe,line or pipelines for any and all purposes, together 'with such fixtures, and appurtenances, at such l,oca- tions and elevations, upon, along, over and under the right of way described below as GRANTEE may now, or hereafter determine in its sole discretion without any additional compensat,ion 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 descrfbed ~eJow, together with the right ~o use this easement for access to GRANTEE~s rights of way situated in adjacent lands, without any additional compensati~n therefor. The 1 and encompass ing -thi s easement is s i tua ted in the County of San Di ego, State of California, and is more particularly described as follows, to wit: That portion of Lot, 234 of County of San Diego, Tract No. 3461-7 in the City of Poway, CounJy of San Diego, State of Cal ifornia, according to Map thereof No. 8885 'filed in the Office of the County Recorder of said County on June 7, 1978. Said easement of right of way in the aforesaid lands is particularly described as foll'ows: (See attached' legal description titled Exhibit "A" and 'plat titled' , Exhi bit "B") GRANTOR, its heirs, successors, arid assigns, shall not erect or construct or permit ,to be erected or constrUcted, any buildi.ng, struCture or improvement or plant any tree or trees or plant any other vegetation or flora within said easement without, the express writt,enapproval, of the City of Poway as evidenced by the signature of the Director of Engineering Sfrvices on an ap~roved, plan. GRANTOR, its heirs, successors and assigns shall not dig or'drill any hole or wells on any portion of the easement. GRANTEE may, use all gates and fences which, now or later, cross any por- tion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush. or other vegetation or flora from time to time as GRANTEE determines in its sole discretion 'without any additional compenc sat,ion. . . 1670 .. GRANTOR agrees that no other easement or easements sha,-r 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 loca- tion of pipel ines or other faci 1 ities ,within the boundaries of the 'easement right of way, or modify the size of existing pipelines or other improvements as it may determine its sole discretion from time to time without paying any addi- tional compensation to GRANTDR or GRANTOR's heirs, successors, or assigns, pro- vided 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 per- mit 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 dispute involving this Agreement, whether or not liti- gation is commenced, or if any arbitration proceeding, administrative pro- ceeding or 1 itigation in law or in equity, including an action for declaratory relief, is brou9ht to enforce or interpret the provisions or performance of this easement, the prevailing party shall be entitled to an award of all attor- ney'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. IJ4 WITNESS WHEREOF, t]g GRINTOR has ex~~d this Easement this dL day of ,r~ b , 19zQ. This is to, certify that the interest in real properly conceyed by the deed Or grant dated;;l, ',;>,\ -'10 fnl"''Su h t,'OiS'\ \4'\)",(5, I tIC - to the City of POYlay, a political corporation arod/or governmental agency ;: ~~reby acr.epted by the !Jnder:igfl~(i officer Cf 3gollt on be- :' Jlf of the City Ccuncil pursu:m~ to a~th()rit] cOllfc:red by 'io,\Olution No, 34 awpted on January 20, 1531 aoothe , "::tee consents to recordatwn thereof by iiS duly authorized .~er. Homes, '?~ "_ted: .:::t - I Z ''1 <) . ~ K )1\)"" k -, . 1.1 ~ j) ,j' ~~;~; o~~::::::::::::::::::::::::::::::::::::::::: } 55 PARTNERSHIP FORM On thi s. --............ day of................._......... A. D.. 19...... ,before me,............ ............. ........ ....... _.... .... ......" ....... '0' s Nolnry Public in and for the said County and State. residing therein, duly commissioned and sworn, personally appeared...... .................................................................................... knoYm to me to be one of the partners of the partnership that executed the withm instrument. and acknowledged to me tha.t such partnership executed the same. lJlI Wirnrss WIJfrro!. I have hereunto set my hand and arfixed my official seal the day and year in this certificate first above written. .................................................................................. Notary Public in and for said County and Slate. GENERAL FORM STATE OF............,.., ....,........,....,..,.. County of..... ..... ............ ........ ............. } S9 On this.. ...... .... ...... ..day of.......... ................... .A.D.. 19.. ..... before me,. ... ..... ... ....... ......... ........ ....... ................. a Notary Public in and for the said County and State. residin!; therein. duly commissioned and Sworn, personally .appeared...... ..................................................................................................................................................................... personally known to me to he the person......whose name............................subscribcd to the within Instrument. and duly acknowledged to me that..........he..........executed the same. iJn Witness UH)rrrof. I have hereunto set my hand and affix.ed my official seal the day and year in this certificate first above written. .................................................................................. Notary Public in and for said County and State. STATE OF..(I~;:;;~1;;.:<;!5...... } County cr...A...... ...............~...... S3 On lh>S,,P.I.~,'C'.,..,..day ~'~A'D" 191.,Q., bercee me,4..1!..,~~..,..~.. ~,~:~~~ ~I,e5. r~?~d, ,~,~~:~, ,~,~, ~,l,Bl~.., ,',~ ~,',~ :~,~ :"~,~:~,i,~:, ~,:O:ml:i:s~o:e::~:e~,~,~~.., ,~~~,~~,~~~.l~ ,~~~,e;::;~,~~': :~~::::;J.;;;;;j::::::::~.tj:~:t:::::~;:::,~~,"~,,~,~"~"~,,~~,',',',~',',',',',',~',:',',~',:',:',::',:',:',::~,~~.',~~~,~ the Corporation that executed the within rns'i:rument. known to me to be the perso~s who executed the within Instrument, on behalf of the Corporation therein named. and acknowledged to me that such Corporation executed tho snmo. lh1 lliitnrss llilJrrrot, I hH.ve hereunto set my hand and affixed my oflicial seal the day aud year in this certifIcate first CORPORATIO:-l FOR\! above written. ............-..~--:.-~.. .,,, C<"/._ OFFICIAL SEAT. ~'2~''V,,;!:i?, iNI1!,:'1\, 8RAWNER "-~, ~'~'lJ'~' NCT,'>.RY PUBLIC - CALIFORNIA ~\~.i1ff!;( SAN O:EGQ COUNTY \,~'\T;"~. t.1vCC,l1m.EI';tlresNc.. liS. !992 "''',(If'..- ~/v, (0' ,..,"',..,..,""",....,',.."....,.."....~~!~~7><".."...."..," Notnry Punl ic in and for SOld County and Stote. (' I ( , .I ) --. . 1672 . EXHIBIT A GEC 108-039 10/16/89 LEGAL DESCRIPTION FOR TWIN PEAKS PLAZA NORTH WATER LINE PURPOSES That portion of Lot 234 of County of San Diego Tract No, 3461-7 in the City of Poway, County of San Diego, State of Ca 1 Horn i a according to Map thereof No, 8885 filed in the Office of the County Recorder of said County on June 7. 1978 bounded and described as follows: Beginning at the most westerly corner of said Lot 234, thence S 860 51' 57" E along the southerly line of said Lot 234 a distance of 61.55 feet to the TRUE POINT OF BEGINNING, thence leaving said southerly line N 030 08' 03" E a distance of 10.00 feet, thence S 860 51' 57" E along a 1 ine parallel with and distant 10,00 feet northerly measured at right angles from said southerly 1 ine, a distance of 31.50 feet, thence S 030 08' 03" W at right angles to said southerly lot line a distance of 10.00 feet to said southerly line, thence N 860 51' 57" W along said southerly lot line a distance of 31.50 feet to the TRU~ POINT OF' BEGINNING. This Legal Description (Exhibit A) and sketch labeled Exhibit B attached hereto and made a part of this Legal Description was prepared by me ~Unq~~y direction. If: C," ""',:,"',:'--..\-, 4tj;:0IT:cf~U~>'., , LL; r':J rr~._.._.,_ ;' ~. I ~ ':\ ~,\\:~,.r 0'~'i;j~ if -. 1 . -.-1 ~~!1h.!'fl9(,? 75 f ofrt~t<~~' Sheet 1 of 2 " j I , , I r ,--- I . E:)(~IBI-r 167. ~ - ~ " GE.C /oJO, I08-~ e-'la-2}~ MAP NO. 8885 LOT 235 --- -- -- -- ---------- LOT 234 , , N o,,'OIJ'P3E 10,0' NO" 08 0' E 10,0' -- t:./,SS' ~ J/,50' N 8t:.~/ 57.W 291.78' PM 14824 TJruE POIJolr OF 204,7'/' POIUT OF f>ELf11-l1-l11olG ~",HIIHG- PLAT OF WATER EASEMENT IN TWIN PEAKS PLAZA NORTH ~ .fA'3fMt;:.Ni I-It'-lt:. PRoJJ;:.CT J27QUt'-IDARY W~~ ~~~1f~1 -VII /II~ "?I--Itx'l 2 ~ Z _,