Grant of Easement Water & Appurtenances 1990-218652
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'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,
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'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.
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. 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,
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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;::;~,~~':
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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
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Notnry Punl ic in and for SOld County and Stote.
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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.
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MAP NO. 8885
LOT 235
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LOT 234
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N o,,'OIJ'P3E
10,0'
NO" 08 0' E
10,0'
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~ 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
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PRoJJ;:.CT J27QUt'-IDARY
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