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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