Grant of Easement Sewer Lines & Appurtenances 1991-01096004961
DQ 1994 - 0109600
17 —F �3 -1994 '08 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
(For Recorder's Use Only)
RECORDING REQUESTED BY: )
CITY OF POWAY )
WHEN RECORDED RETURN TO: )�
CITY CLERK,
CITY OF POWAY W(/
P.O. BOX 789 )
POWAY, CA 92074 )
Tax Parcel No. 314- 650 -09 DOCUMENTARY TRANSFER TAX -0-°
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES
John and Sharon Heafey, Husband and Wife as Joint Tenants, (hereinafter
"GRANTOR ") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE "), its
successors, or assigns, the following described easement for a right of way 20
feet in width, in, upon, over, under and across the lands described below, to
erect, construct, reconstruct, replace, repair, maintain, and use a pipeline
or pipelines for sewer line purposes, at such locations 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 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 additional compensation therefor.
The land encompassing this.easement is situated in the County of San Diego,
State of California, and is more particularly described as follows, to wit:
The Southerly.20.00 feet of the.Westerly 126.00 feet, of the Easterly,
487.48 feet of the Southerly - 1'80.74 feet of the Northerly 361.48 feet of
the Northeast Quarter of the'Southeast.Quarter of Section 1, Township
14, South, Range 2 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to the United States Government
Survey..
GRANTOR, its`hei.rs,, successors, and assigns,,sha,l,l, not erect or construct or
permit to erect or construct, any building, structure'or improvement on, over
or under any portion of the easement, nor shall GRANTOR, its heirs
successors,, or assigns, plant, any tree or trees or plant any other vegetation
or flora, nor dig or drill any 'hold or wells on any portion of the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all
fences which now cross or Pater cross any portion of1the 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 GRANTEE determines in its sole
discretion without any addit=ional compensation.
19.6 2
GRANTEE shall be entitled.to partition, assign, joint venture, or share all or
any portion of this easement with any other public agency or utility
including, but not Timited 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,
successors, or assigns, therefor.
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.
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 ahy
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 t!ie
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.
N WITNESS WHEREOF, the GRANTOR has executed -this Easement this 7 day of
4 19
1'b` is to certify that th, interest in real property ..e
hn D. Heaf /
by the' or da from
i
of Poway, 9 Poift'inq corporation ands^ r
Is hereby ecceotet `; 1
the G,,,, / r Sharon I.
(Signatures must be notarized)
•
a
State of California
County.of San D iego :L 9
Ony A0U2ride/L 19'73 beforemelMichael F. Stuart, Notary Public
DATE
NAME. TITLE OF OFFICER 7 E Ca.,'U E DOE NOTARY PUBLIC'
personallyappeared JDI po�hL�
i��ll 4% S/l�tXOIJ e�ie
NAME(S) OF SIGNERISI
pd personally known to me - OR ❑',proved',to
me on the basis of; satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that _he /shehhey execyied
the same, in his /her /their authorized
OFFICIAL., SEAL
capacity(ies), and that, by his /her /their
MTCH'AEt F.. STUART
signature(s)'on.the instrument the person(s),
NO PU BLIC- CALIFORN IA IA
Ea'
prtheentity .upon6ehalfofwhictitheperson(s)
SAN DIEGO COtfNTY
Y,comm. expires MAY s, 1
}�
'acted, executed the instrument.
Witness my hand and official
seal
CAPACITY CLAIMED BY SIGNER
� I
NDIVIDUAL(S)
ill❑ CORPORATE
OFFICERS)
TITLES)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTIT/(IESI
ATTENTION NOTARY: Although me information reGuastea below is OPTIONAL a'ooul0 prevent traWtile"t attachment of this Comri ate to unalm onz omiTie
THIS CERTIFICATE Title or Typwof ;Document GR �' b� . Sei`'1e" %
MUST BE ATTACHED Numbe of Pages ;; Date,of'Document H 4Jooe o -L o--7
V 'T(5THE,DOCUMENT
DESCRIBED:ATRIGHT. Signer(S)_Other Than NAmed,Above 'j,E)/1IF-
19 6 , -1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or
grant dated / /—�— 7�� from Q�i2�✓
to the City of Poway, a politicdal corporation and governmental a ncy is
hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34 adopted on January
20, 1981, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: of -/4 5 5 By:
0