Grant of Easement for Water Lines and Appurtenances 1981-304956 •
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7139
RECORDING REQUESTED BY:
81-3 '-1956
CITY OF POWAY FILE/PAGE NO. __
BOOK
AND
WHEN RECORDED MAIL TO: RECORDED REQUES81 T OF
TITLE INSURANCE & TRUST CO
NAME City of Poway
Department of Public Services SEP 2 5 8:00 AM'81
STREET OFFICIAL RECORDS
ADDRESS 12324 Oak Knoll Road SAN DIEGO COUNTY, CALIF.
CITY Poway .VERA L. LYLE
STATE California RECORDER
ZIP 92064 This space for Recorder's useNO PEE
Title Order No. 1078306 NO DOCUMENTARY TRANSFER TAX , NO FEE
Tax Parcel Na. 317-110-65
GRANT OF EASEMENT
FOR WATER LINES AND APPURTENANCES
COMMUNITY CHURCH OF POWAY, a California corporation
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(hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 30.00
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 transmission and communication 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 solediscretion
without any additional compensation therefor. XkXtXtX XXXXXI�,(XXXIXXX'XX, •eXX+Xr�rX1X lX:X`X XGXYiX tl•�oy�trpraCX(L K
XcX40(XXXXXXXY,XX,XX XIXrXxXXXXXXXX}X''XIXXrXXX•X'JGXiXXiXi%X', 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.
HiXXYtXXXXiAnYi4XXXXXIXXXX•1t'XXXJ(XXXXXX-AXXXX,XXX,X,X:XXXXXXXXXXXXXXXXX X)fW UUMWe
pX X X'Y K,XIX•XK X XA X,X X,X X Xd6X XX X X XXX
Said easement of right of way is particularly described as follows :
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
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DOG. #394
co,y TO iiito tbezmAQC - 11 /4/2]
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EXHIBIT "A"
All that portion of the Northwest Quarter of the Northeast Quarter of
Section 13, Township 14 South, Range 2 West, San Bernardino Meridian,
in the City of Poway, County of San Diego, State of California , according '
to the Official Plat thereof, included within a strip of land 30.00 feet
of even width, the Northerly line of said 30.00 foot wide strip of land N
being described as follows:
Commencing at a point on the Southerly line of said Northwest Quarter
of the Northeast Quarter, distant thereon South 88°59'09" East (record
South 88°58'55" East) 227.68 feet from the Southwest corner thereof,
being the Southeast corner of land described in Deed to the Community
Church of Poway, filed in the Office of the County Recorder of said
San Diego County March 9, 1959 as File/Page No. 45694 of Official Records;
thence along the Easterly line of said land, North 1 °53'22" East 637.13
feet (record North 1 °54'East 637.32 feet) to the Northeast corner of
said land, being the TRUE POINT OF BEGINNING; thence along the Northerly
line of said land, North 88°56 '55" West (record North 88°55'30" West)
to the Easterly right of way line of County Road Survey No. 1587
(Community Road) , a plat of which is on file in the Office of the County
Engineer of said San Diego County.
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R/W #1078306
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XXd4XXXd(mYXXXOVAXXXXtXXI(xXXIY #4 X*)B(sXMXIXtX,MtkX*X4 XXX'X9('X*X92k;CXLX
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
building, structure or improvement on. over or under any portion of the easement, nor shall GRANTOR, its heirs, successor?,
or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole 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 later cross any '
portion of the 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 additional compensation.
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 limited 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 detei-
mine in its sole discretion from time to time without paying any 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 dl-
scribed 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 the above-described
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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 pro-
ceeding,
adminstrative 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 au-
thority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with
its terms. I
3hl ?Arms ?.Art'f0(, the GRANTOR has executed this Easement this LO. day of 14N �� 19-S1r!-.
Executed in the Presence of: - ••//
Witness. iwbo,Se7
1 n� / moi
Witness. G��IiLM
R/1' No. 1078306 J 44
DRAWN BY •
1f�
CHECKED BY
ACCT. NO. SD-P03-324-00
DATE May 26, 1981/mb
SEC(C)-RI W(80)
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Project: TRACT 4/ 7/ OF SEC. /3
References : PLAT. C .A.N. so-P03-324-00
of easements required by the RAI n /07830& ;
City of Poway Tax Par. 3/7- /10- 651
-= saute Encm-e rr op Conn-atBase Map 2 I
Scale: / /00 " Date: MAY 26, /98/I
Cq nsulUnq en❑rneers f arcnac Cts
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PARTNERSHIP FORM
STATE OF
County of ss
On this day of A.D..I.19 befor e
a Notary Public in and for the said County an 'late. residin- ercin, duly commissioned and sworn, personally appeared
known to me to be one of the partners of the partnership that
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executed the within instrument, and acknowled_•. o me ths. uch partnership executed the same. .. -
JII Witness WIJfl'rol, I have hereun ' set my hand and affixe my official seal the clay and year in this certificate first
above written.
Notary Public in and for said c............
Notary
GENERAL FORM
STATE OF1
County of r ss -
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On this day of 11 A.D.. 19 before mcg
a Notary Public in and for the said County'an ate. residing therein, duly commissioned and sworn, personally appeared
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personally known to me to be the person whose name...' subscribed to the within Instrument, and dl ly
acknowledged to me that he executcd.th�me.
Jill Witness Witness WIjerral, I have hereunto my hand and affixed my •Ticial seal the day and year in this certificate first
above written. •
' Notary Public in and for said County a ,State.
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CORPORATION FORM
STATE OF California 1
County of SaYf'DYec() } ss
On this 16th day, of September A.D., 19 81 before tat, Arnette Scherl
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
Nancy Lamborn Moderator m cq{ x
Carl Banks knownto me to be the Clerk Pro-Te
and known to me to be the 34.419Pk)gx
of the COMMUNITY CHURCH OF POWAY I
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
3th Witness fitness Wilrfrot, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written..
OFFICIAL SEAL f
',:r„ri; ARNETTE SCHERL
..•tu►,�•, +•• NOTARY PUBLIC • CAUFORNIA Notary Public in and for said County and State.
s :�}es
- Principal Office in San Diego County
My Commission Exp.Feb.1. 1983
LyL 1d'65R115N5nri..
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CERTIFICATE OF ACCEPTANCE
I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC_SrRRvTrEs
and agent for CITY OF POWAY, make the following
certification on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated seotember 16 . 1981
from COMMUNITY CSuRrN OF POWAY
to the CITY OF POWAY, a political corporation and/or
governmental 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 or agent.
Dated: September 17 . 1981 CITY OF POWAY
BY: Ped1/41-0, 1 YI .124.4%(-il
Robert W. Meissner,
Acting Director of Public Servic
(D.P . S . 4-81) •
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