Grant of Water Easement 2000-0233217· RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN'TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
Tax Parcel No. 54
Hay 05, 2000 8:02 AH
OFFICIAt R~
~ I)IE~O ~ E~'~ OFFI~
6E6~I~Y J. ~ITH, QI -' E:Ca~B
000-023
(For Recorder's Use Only)
GRANT OF WATER EASEMENT
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY,
(hereinafter "GRANTEE"), 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 any and all purposes, together with such fixtures and appurtenances, including, but not
limited to facilities for power ! J 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 th
by a practical 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:
All that portion of Lot 1, in Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, State
of C ling to United States G I Survey approved February 24,
1876, according to the Official Plat thereof.
Said easement of right-of-way in the aforesaid lands is particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by th'
2453
GRANTOR, its heirs,
erected or
easement.
and assigns, shall not erect or construct or permit to be
any building, or structure on, over or under any portion of the
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of
this with any other public agency or utility including, but not limited to, any
agency supplying water services to the public as GRANTEE may determine in its sole
d Ihout paying any additional compensation to GRANTOR or GRANTOR's heirs,
or assigns, therefor.
GRANTOR agrees that no other easement or
over th' I without obtaining the prior writl
3all be granted on, under, or
: of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pip :her facilities within the boundaries of th : right of way, or modify
the size of existing pipelines or other imp as it may determine in 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 : beyond th I boundaries described above.
In the event of any dispute involving this Agreement, whether or not litigation is
.1, 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 :l represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR h
2000
:1 this Easement this;~ day of
eannet~e Tucker
Tony'
(
.'CALIFORNIA ALL-PU RPCU;~E
L
State of P Ii"~
2454
Co~Jnty of ~
On ~ h
Dale
personally appeared ~,
acted,
'~signature~
on
OPTIONAL
Description of Attached Document
Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Padner-- [] Limited [] General
[] Trustee
[] Other:
Signer's Name:
[] Individual
~ Corporate Officer
Title(s):
~J Parlner-- [] Limited ~ General
~ Trustee
[] Other:
Signer Is
Signer Is
2455
E]~HIBIT "A"
LEGAL DESCRIPTION
PARCEL NUMBER: 321-030-25
L. TUCKER, S. TUCKER, JR. AND TONI
SUZANNE TUCKER, CO- UNDER OF TRUST
DATED JANUARY 22, 1981 AND L. TUCKER, WINTHROP
S. TUCKER, JR. AND TONI TUCKER LANDIS CO-TRUSTEES UNDER
THE L. TUCKER 1997 TRUST DATED
17,1997.
THAT PORTION OF LOT 1 IN SECTION 6, 14 SOUTH, RANGE 1
WEST, SAN IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA. SAID PORTION LYING WITHIN LAND
DESCRIBED IN A QUIT CLAIM DEED 24, 1997 AS
NO. 199' OF RECORDS IN THE S
OFFICE OF SAID COUNTY AS
SAID PORTION BEING A STRIP OF LAND 10 FEET IN WIDTH THE SOUTHERLY
LINE OF SAID 10 FOOT STRIP OF LAND BEING S AND
WITH THE LINE OF PARCEL ~'B" IN A
EJtSMENT DEED OCTOBER 19, 1956 AS NO.
4 136 IN BOOK 6307, PA(E 77 OF RECORDS OF SAID COUNTY.
0 ET ER WITH A STRIP 0 LAND 20 FEET IN WIDTH THE CENTERLINE OF
AID 0 FOOT STRIP AT A POINT ON THE LINE OF
LAND IN SAID QUIT CLAIM DEED, SAID POINT BEING DISTANT
FROM HE CORNER A~ND ALONG THE LINE THEREOF
SOUTH 85° 26'32"WEST 67.99 FEET; THENCE LEAVING SAID SOUTHERLY LINE
NORTH 51055'49'' EAST 87.56 FEET TO THE LINE OF LAND
IN SAID C DEED.
THE OF THE 10 FOOT STRIP OF LAND
SHALL TO THE WEST IN THE LINE OF LAND
IN SAID Q DEED. THE LINE OF SAID 10 FOOT STRIP
SHALL TO THE EAST IN THE LINE OF
20 FOOT STRIP. THE LINE OF SAID 10 FOOT STRIP
SHALL TO THE EAST IN THE SOUTHEASTERLY LINE OF SAID 20
FOOT STRIP.
FROM SAID 20 FOOT STRIP OF LAND THAT PORTION WITHIN SAID
PARCEL ~'B" OF SAID DOC. NO. 148136 OF
2456
HAVING AN AREA OF
HERETO AND MADE A PART
PLAT LABELED EXHIBIT "B".
THIS LEGAL AND PLAT
10,964 SQUARE FEET MORE OR LESS.
OF THIS LEGAL
WERE BY ME
IS A
OR UNDER MY
d
d~
X
W
OF
2458
This is to certify that the interest in real property conveyed by the
deed ,~rant dated:
:Z :rom
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 grantee consents to recordation thereof by its duly
authorized officer.
pies, City Olerk