Grant of Easement and Maintenance Agreement 2000-04619542633
CITY OF POWAY
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
TO:
DOC 2000-0461954
29, 2000 8:08
~t DIE60 (:(I,qtTV ~(I)ql)ER'S WI:ICE
2
A.P.N. 273-144-01 (Se~vient Tenement)
GRANT OF EASEMENT
AND MAINTENANCE AGREEMENT
(For Reciaimed Water Pipeline and Ap[
The undersigned Grantors hereby declare that the documentary transfer tax is
$ as computed on the full value of the property conveyed.
The subject property is located in the County of San Diego, State of California.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DAVID A. JERSE AND NANCY L. JERSE, Husband and Wife as Community
Property (collectively "Grantor"),
do hereby grant to
CITY OF POWAY ("Grantee"),
for a right-of-way to erect, ~lace, rep and use a
reclaimed water pipeline and apl: together with the right of ingress and egress for
t purposes by a l: : (the "Easement"), in, upon,
over, under and ~ of land (the "Easement Area"), which land is a portion of Grantor's
Property (as defined below).
TI~ Ar J in the City of Poway, County of San Diego, State of California,
more particularly described in EXHIBIT "A" and EXHIBIT "B" attached to and made a part of
this Grant of Easement.
2634
Grantor's Property, which is burdened by the E :1 is ti:
the City of Poway, County of San Diego, State of Calif particularly described in
EXttlBIT "C" attached to and made a part of this Grant of Easement ("Grantor's Property").
The following covenants, conditions and
hall apply to ti:'
1. This E gross.
2. This Easement is personal to Grantee and niay not be sold, assigned or otherwise
transferred to any other party or entity without the I: ' ~' Grantors, or their
· ;ns.
3. The initial ~'the pipeline within the Easement Area shall be
performed between July 1, 2000, and December 20, 2000. Grantee shall provid ' ' ~'
three weeks notice to Grantor prior to the actual date of : Once
~, tl~ 1 take no more than three weeks to complete. All work must be
done during said three-week period, including re-landscaping and clean-up. Any
future work to be done within the Easement Area, including without I'
testing and/ ? the reclaimed water pipeline, must tak xee weeks
to complete. Based upon ti: 3, known and unkn d be
impractical y d )lish Grantor's damag :1 other
intangibles by reason of a delay in completion of the initial :l/or any future
testing and Accordingly, the parties agree that in the event of such
delay, it would be reasonable at such time for G ~arge Grantee a "liquidated damages"
fee equal to $200 per day for each day that extends beyond each three-week period.
4. G ." this Easement shall Iz Grantor may
make use of the Easement Area, as long as such use d 91y' a
G ~'the Easement. Grantors, their heirs, :1 assigns, may plant vegetation
or flora and install irrigation systems within the Easement Area, as long as Grantor has the
approval of the San Diego County Water Authority, which h he Easement
Area and adjacent lands. Grantor may grant rights to use the Easement Area to other persons or
entities, as long as such use d ~ly ' ~ G ~'the Easement,
and as long as Grantor has the approval of the San Diego County Water Authority.
5. Grantee agrees to indemnify and hold harmless Grantor against any
by G ~ the rights of the public or other I: ; any
portion of the Easement Area under color of a previously granted right, including without
' ;hts-of-way, permits, 1' ~rances.
6. This Easement shall not be used ' rich will unreasonably '
the ownership, use and ? Grantor's Property.
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2635
7. If Grantee defaults under any of the I: ' '
Grantor' s J, ~1
under the law, including tort, equity (includ'
condemnation.
] herein, or Grantor or
· ats and
.... ), and inverse
of th
Grantee may use ail gates and fences which, now or later, might cross any portion
Area.
10. It is understood and agreed by the parties that Grantors and their heirs,
and assigns shall decrease or permit to be increased or decreased the existing
ground fin the Easement Area, which exist at the time this d
without obtaining the I~ ' ~'Grantee.
11. Grantee shall cause Sunroad E
check immediately upon signing this Grant of E
pay Grantor $8,000 by certified bank
· teration for the Easement.
12. 1 ~ water pipeline and ap[ be i~s~lled at least ten (10)
feet away from the edge of the footing for the existing retaining wall on Grantor's Property.
13. Any time Grantee does work in the Easement Area, including any
testing Grantee shall return the Easement Area to th :lition that it was
in, including replacing any vegetation and sprinkler systems.
14. In the event of any dis[ ' ' g this Grant of Easement, whether or not
litig t, or if any arbitration proceeding, ad ' ' proceeding or litigation in
law or in equity, including an action for declaratory relief, is brought to enf )ret the
I: ' ' I: ~'this Grant of Easement, the prevailing party shall be entitled to an
award of all attorneys' fees and the costs of the proceeding, which shall be determined by the
court of the presiding officer having authority to make this d
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2636
15.
Grantor expressly
lance with its terms.
represents that Grantor has the power to grant this
THIS GRANT OF EASEMENT AND MAINTENANCE AGREEMENT has I~
the parties this ,"~¥~'6 day of /~4 ~ 2000.
t by
DAVID A. JERSE
GRANTEE:
CITY OF POWAY,
a Calif ' ' ~al corporation
By:~-'-~~
Its: x'd/T)/ 14qfl~/~P~6~-~
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2637
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
· Notary P~lic, ~ersonally appeared DAVID A. )ERSE and~qA~CY L. ~ERSE, !a~-sonally knc4vn
~o ~ (or proved to me on the basis of satisfactory evidence) to be the persons wE
subscribed to thJ ' and acknowledged to me that they executed tl: aeir
authorized capacities, and that by their sig ~ ae persons, or the entity
upon behalf of which the F t, executed tl~
WITNESS my hand and official seal
(Seal)
- GWILA RAY
· J CALIFORN
Notary Public corem
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
On ~ ,t~5~z¢+ ~ 2000, before me ¢ :l~.o,~.~f [S. d
Notaw~ublic, person~ly appe~ed ~ ~. ~ person~ly
known to me ( , , , , to be the person whose
is subscribed to t~' ' ~d acknowledged to me tha~ executed t~
authorized capacity ~d that by~ si~ n ae person, or the entity upon
behalf ofw~ch the person acted, executed th
WITNESS my hand and official seal
(Seal)
Notary Public
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2638
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
24, 2000
of Poway, a political corp
from David A. Jerse and Nancy L. Jerse to the City
:i/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 grantee
consents to recordation thereof by its duly authorized officer.
Dated: ~ ~ 2 -o
Lori Anne Peoples, City Clerk
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CONSENT
The SAN DIEGO COUNTY WATER AUTHORITY hereby the grant of that
E Grantor to G t in the foregoing Grant of t M '
· Agreement, but only on the condition that G t said Easement shall be limited to and
subject to the terms and conditions of that Joint Use Agreement between the City of Poway and the
San Diego County Water Author/ty, dated .~ sc 3 2000 and recorded as Document
No.
SAN DIEGO COUNTY WATER AUTHORITY
A California Cou Authc
Fred W. Clark,
Its: A~
Dated: ~ ~ ,.ty~z-c~> ~CIO t2
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J-12567C
2640
EXHIBIT "A"
WATER EASEMENT
PARCEL "B"
Being a portion of Lot 277, Valle Verde Country Club Estates, in the City of Powa¥,
County of San Diego, State of California, according to Map No. 4683 filed in the
Office of the County Recorder of said San Diego County, being more particularly
described as follows:
Beginning at the most Southerly corner of said Lot 277, thence along the Westerly line
of said Lot 277 North 38059'33'' West (North 38046'55'' West record) 177.83 feet
to a point 20.00 feet Southwesterly measured at right angles to the Northeasterly line
of that certain 125.00 foot for pipelines as shown on said Map No. 4683;
thence leaving said Westerly line of said Lot 227 parallel with said Northeasterly line
of pipeline North 32032'06'' West (North 32°1 9'32" West record) 60.55
feet to the Westerly line of said Lot 277; thence along said Westerly line North
15°33'37'' West (North 15°21'13" West record) 68.50 feet to the Northeasterly line
to said certain 125.00 foot for pipelines as shown on said Map No. 4683;
thence along said Northeasterly line South 32032'06" East (North 32°19'32" West
record 302.77 feet to the Point of Beginning.
Containing 0.083 acres.
Robert G. Schoettmer Date L.S. 4324
CITY OF Pow^¥
EX~E~rr ~;' 2 6 4 1
'x
VALLE
27;0
OOU/\JTNY OLU~ ESTATES
30' WATER EASEMENT
DEDICATED PER MAP
319
L '£o. oj,
RICK ENGINEERING COMPANY
CIVIL ENGINEERS. SURVEYORS · PLANNERS
5620 FRIARS ROAD. SAN OIEGO
CA. 92110-2596 PHONE.: (619) 291-0707'
~ 25~7-C
PLAT TO ILLUSTRATE
I £CAI_ DESCRIPTION OF
WA TER EASEMENT
OVER A PORT/ON OF LOTS 277
AND 379~ MAP NO. 4683
EXHIBIT "C"
TO GRANT OF EASEMENT
ALL THAT PORTION OF LOT 277, VALLE VERDE COUNTRY CLUB
ESTATES, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 4683, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER
21, 1960.
C-1