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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