Grant of Easement Water Lines & Appurtenances 2000-0500298 2000- 96
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
8eP 19,
2309
2000-0500298
2000 B: 5'7
Tax Parcel No. 275-510-19
No Document Transfer Tax No Fee
GRANT OF EASEMENT
JCE~
(801-01-409 WE)
The Rector, Wardens and Vestrymen of St. Bartholomew's Parish in Poway California,
a California non- profit (hereinafter "GRANTOR") hereby grants to CITY OF
POWAY (hereinafter "GRANTEE") if or assigns, the following described
easement for a right-of-way in, upon, over, under and across the lands described in
Exhibit "A" and as depicted in Exhibit "B," to erect, construct, :, replace,
repair, maintain, and use a pipeline or pipelines for any and all purposes, together with
such fixtures and appurtenances, including, but not limited to, facilities for power
and ~ion purposes, at such ] ~ upon,
along, over and under the right-of-way described in Exhibit "A" as GRANTEE may now
or hereafter d its sole d' :hout any additional compensation
therefor, together with the right of ingress and egress from th l by a practical
les in, upon, over, or across the land described below, together with the
right to use th' : for access to GRANTEE's rights-of-way situated in adjacent
lands, without any additional compensation therefor.
The land encompassing th' i is situated in the County of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
Parcel 1 and 2 of Parcel Map No.12258, in the City of Poway, County of San
Diego, State of California, filed in th f the County Recorder of San Diego
County on August 2,1982.
Said easement of right- of- way in the aforsaid land is particulary described as follows:
(SEE ATTACHED EXHIBIT" A" MADE A PART HEREOF)
GRANTOR, its heirs,
:1 assigns shall not erect
: or permit to
be erected 3 any building, 3mvement or plant any tree or
trees or plant any other vegetation or flora within said easement without the express
wdtten approval of the City of Poway as evidenced by the signature of the Director of
Engineering S 3proved plan. GRANTOR, its heirs, :1
assigns shall not dig or drill any hole or wells on any portion of th :.
GRANTEE may use all gates and fences which, now or later, cross any portion of the
easement. GRANTEE shall also be entitled to trim, cut, ! .v
trees, brush, or other vegetation or flora from time to time as GRANTEE d in
its sole d' ~hout any additional compensation.
GRANTOR agrees that no otb :
over th' l without obtaining the p '
~all be granted on, under, or
i of GRANTEE.
GRANTEE may at any 1' its use of th l, change the location of
pip :her facilities within the boundaries of th ~ right-of-way, or modify
the size of existing pip ~er imp ,~ it may d its sole
discretion from time to time without paying any additional compensation to GRANTOR
or GRANTOR's heirs, or assigns, provided GRANTEE does not expand its
use of th I beyond th l boundaries described above.
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR's heirs, or assigns, shall not' d permit to
b :1 or decreased the existing ground =the above described
easement which exists at the time this document' :1 without obtaining the pdor
written consent of the GRANTEE.
In the event of any disp ' ' ~ this Agreement, whether or not litigation is
:1, or if any arbitration proceeding, ad proceeding or litigation in
law or in equity, including an action for declaratory relief, is brought 1
interpret the p ' ' perf : th' :, 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
d
GRANTOR expressly
th' l in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR h
day of /~ 7z .-l'eJ~°'~:
:1 represents that GRANTOR has the power to grant
:1 this Easement this 3>°'~
(Sig : b
:1. NotarY form attached.)
CALIFORNIA ALL-PU.~,,OSE ACKNOWLEDGMENT
State of
County of
On ~ '~--.~) ~)~(~'~ before me
personally appeared
2311
~g~e in~e~ '
and that by i~e~th"Nr signature('9,)
person~)
acted,
OPTIONAL
~:~sheAh~y
¥(ies),
Description of Attached Document
Title or'
Signer(s) Other
Capacity(les) Claimed by Signer(s)
~ Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[]
[] Trustee
"~ther: ~
[] individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
L~ Other:
Pro~ NO 5~07
2312
EXHIBIT "A"
GRANT OF EASEMENT
(WATER LINES AND APPURTENANCES)
(801-01-409 WE)
An easement f l: :l apl: n under, along and
3 of land located in a portion Parcels 1 and 2, of Parcel Map No. 12258, in the
City of Poway, County of Dan Diego, State of California, filed in the Office of the
County Recorder of San Diego County, August 2, 1982, more particularly described as
follows:
C he North ['said Parcel 1; thence South 13°16'16'' West
25.59 feet to the TRUE POINT OF BEGINNING; thence South 76°43'44" East, 30.74
feet; thence South 31°43'44'' East 62.44 f , South 51o00'53'' East 121.02 feet;
thence South 30o37'42'' East 105.91 feet; thence South 37045'42" East 132.07 feet;
thence South 07°14'18'' West 58.28 feet; thence South 52°14'18'' West 10.13 feet; thence
south 37°45'42" East 10.00 feet; thence South 52°14'18" West 20.00 feet; thence North
37o45'42'' West 30.00 feet; thence North 52°14'18" East 21.84 feet; thence North
07°14'18'' East 41.72 feet; thence North 37o45'42'' West 125.03 feet; thence North
30°37'42'' West 103.56 feet; thence Nomh 51°00'53" West 120.82 feet; thence North
31°43'44" West 57.56 feet; thence North 76°43'44 West 22.46, to the Northwesterly line
of said Parcel 1; thence North 13°16'16'' East 20.00 feet to the TRUE POINT OF
BEGINNING.
This legal description (Exhibit "A") and a sketch labeled Exhibit "B" attached hereto and
made a part of this legal d prepared 1: ~er my direction.
July 10, 2000
E
EXHIBIT "[" 2313
GRANT OF EASEMENT
(~301 --01--409 WE,)
04" E
S 80'58'05" E
PARCEL 1
PM.
NO.
SCALE: 1"=100'
DA TE:
POR. OF
~LOT I 14
MAP 6509
LOT :I:IZ ~>
PARCEL
12258
2
0
'C
N 89'11'52" W
R. D. 5. -¢ 2 6~ '1
LINE TABLE
5 I' 00'5,
50°57'42"
· 57°45'42" E
07°14'18" W
52°14'18'' W
57' 45'4;
¢'18" W
ENGTH
105.91'
22.07'
600.01'
~-LO.,b. B0¥2
LINE
1
I
L1
1
1
L1
LINE TABLE
V
'18" E
'18" E
'"45'42" W
W
t
3'44" W
0
f4
72
125.0,~
3.56
2
6
22.46
This is to certi~ that the water lines and appurl t No. 801-01-409 WE
granted by the Rector, Wardens and Vestrymen of St. Bartholomew's Parish, a
California non-profit corporation to the City of Poway, a political corporation and/or
g agency, 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 guarantee consents to recordation thereof, by its duly
authorized officer.
Dated:
Lori Anne Peoples, City Clerk
Dated: September 14, 2000
City Clerk