Grant of Water Easement 1993-0094970
CITY OF POWAY
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0-: " 1993-0094970
16-FEB-1993 08=25 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECDRDER'S DFFICE
AHHETTE EUAHS, CDUHTY RECORDER
FEES: O. 00
NA
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RECORDING REQUESTED BY:
364
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92074
,
(fhlS space for Recorder's use)
Documentary Transfer Tax
$0
Tax Parcel No. 323-010-19
GRANT OF WATER EASEMENT
WILLIAM M. MORDICK and MILDREDJC MORDICK, Husand and Wife as Joint Tenants
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its suc-
cessors, 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 transmission and communication purposes, at such locations and eleva-
tions, 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 the easement by a practical route or
routes in, 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:
THAT PORTION OF LOT 1 (NORTHWEST QUARTER OF THE NORTHWEST QUARTER) OF SECTION 18,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11,
1979.
l/ESMT-MORD
This is to certify that the interest in real property r,Jnvayed
b,thedeedorgrantdated.,1.3-'i3 IrQ'" W;\\i_ Ih.
IY\DY.t .c..k. 'I hy,),Lie{ :r:., 11'.vd..-"ltntheCily
01 Poway, a political COIpO/lltion and/or lIllvernmental agency
is hereby accepted by the undersigned officer or agent 1ft be-
hall of the CitJ r~uncil pursuant to authorit} conferred Ilf
Resolution ::u. 3. adopted on JanualJ 20, 1981 and the
gfaRtee consents to recordation thereof by its dUf, aulIIorized
officer,
Paled: d.-1~-11,
-
.~) 1 ~-J'< 11,~
365
Said easement of right of way in the aforesaid lands is particularly described as follows:
See Exhibit nAn attached hereto and incorporated herein by this reference.
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or pennit to
be erected or constructed, any building, or structure on, over or under any portion of the
easement.
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 services to the public as GRANTEE may detennine 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 pipe-
lines 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 detennine 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 described above.
In the event of any dispute involving this Agreement, whether or not litigation is
commenced, 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 detennined by the court or the presiding officer having authority to make this deter-
mination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement in accordance with its tenns.
~ IT WITNESS WHEREOF, the GRANTOR has
~_' 19.13....
executed this Easement thiS&d' day of
h/"etZ,,-- ---n, hl1/'h',L
WIlL, ICl;vj /v1. Mt)~/cK
'-lY;-~'~,,#' "J. Ch7md~d:,
/IIilind L ~.,...rI/"Jc-
,
(Signatures must be notarized)
I/ESMT-MORD2
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EXHIBIT "A"
361'
The Southerly 20 feet of the following described parcel:
That portion of Lot 1 (Northwest Quarter of the Northwest Quarter) of Section
18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey
approved September 11, 1879, described as follows:
Commencing at the Northwest corner of said Section 18; thence along the
Northerly line thereof South 88"09'40" East, 951.35 feet; thence South 9"59'40"
East, 344.29 feet to the Northeasterly corner of that certain parcel of land
described in Parcell as conveyed to R. K. Trestrail, et ux, by deed recorded
July 3, 1956, in Book 6164, page 307 of Official Records, being a point in the
center line of that certain 60.00 foot strip of land shown and designated on
Record of Survey Map No. 3661 as "Existing Easement Reserved for Road", being
also the Westerly terminus of a 550.00 foot radius curve concave Southerly, the
center of which bears South 9"59'40" East; thence Easterly along the arc of said
curve being along said center line 100.47 feet through a central angle of
10"28'00"; thence continuing along said center line tangent to said curve South
89"31'40" East, 67.39 feet; thence South 00"28'20" West, 363.16 feet to the TRUE
POINT OF BEGINNING; thence North 89"31'40" West (Record South 89"31'40" West per
Record of Survey Map No. 3661) 5.39 feet; thence South 00"28'20" \~est, 298.65
feet; thence South 73"24'00" East, 177.49 feet to the Easterly line of said Lot
1; thence along said Easterly line North 00028'20" East, 349.66 feet to an
intersection with a line that bears South 89031'40" East, 164.61 feet from the
true point of beginning; thence along said line North 89031'40" West to the TRUE
POINT OF BEGINNING.
MORDICK
GENERAL ~
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OFFICIAL SEAL
flfARIE LOFTON
Notary Publlc-CoI~cmIa
SAN DIEGO COUNTY
My CommIaIon El;lIr81
AprI..l994
366
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en this tha.E'"u/ day of~ 19~, before me, *
~ss.~(~ ,:
the undersigned N::>tary Public, personally ClH:"""red *
/ 2'1L :. ~--' YJ1. C4t~ S#J~~. ~. :
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B ~~.k:t11y JOlC1w'I'1 LO J.lc-
~ proved to Ire on the basis of satisfactoz:y evidence
to be the person ~'1o.i1ose name@ ~ subscribed *
to the within instrument, and acknowledged that *
execute:l. it. *
~~~-~ :
N::>tary 's SJ.gnature *
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