Grant of Easement Water Pipelines & Appurtenances 1992-0006846
RECOR~ING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92064
APN 275-460-26 & 58
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2020
DOC # 1992-0006846
07-JAH-1992 08=32 AM
This
No
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
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GRANT OF EASEMENT
WATER PIPELINES AND APPURTENANCES
Roman Catholic Bishop of San Diego (hereinafter "GRANTOR") hereby grants to
CITY OF POWAY (hereinafter "GRANTEE") its successors, or assigns, the following
described easement for 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 pur-
poses, together with such fixtures and appurtenances, 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 addi-
tional 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:
i
SEE EXHIBIT 'A'
Said easement of right-of-way in the aforesaid lands is particularly described
as follows:
SEE EXHIBIT 'B'
'i
GRANTOR, it heirs, successors and assigns shall not erect or construct or per-
mit to be erected or constructed any building, structure or improvement or
plant any other vegetation or flora within said easement without the express
written approval of the City of poway as evidenced by the signature of the
Director of Engineering Services on an approved plan. GRANTOR, its heirs, suc-
cessors and assigns shall not dig or drill any hole or wells on any portion of
the easement.
GRANTOR may use all gates and fences which, now or later, cross any portion of
the easement. GRANTEE shall also be entitled to trim, cut, or clear away or
STATE OF CALIFORNIAI
) ss.
COUNTY OF SAN DIEGO) 2022
On this/tti. day of ~ , 19 "11, before me Joyce
E. Davis. ~ ~ Notary Publ i,57 j.n and for said State. personally
appeared ~"./; ?~ . known to me to be the
person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
(seal)
Notar
and S
t:
ic in and for said County
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2021
remove any trees, brush, or other vegetation or flora from time to time as
GRANTEE determines in its sole discretion without any additional compensation.
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 determine in its sole discretion from time to time without paying any addi-
tional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, pro-
vided GRANTEE does not expand its use of the easement beyond the easement
boundaries described 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 per-
mit to be increased or decreased the existing ground elevations of the above
described 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 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 pre-
siding officer having authority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant
this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this easement this jL{o ..~ day
of IV 0 c)lt.vY'\ e, tt. , 19..,iL
This is to certify that the Interest in real propert'/ conYl!'jed
by the deed or grant datad Il-;l.!t -'i I IroIJl L- ~
~l,(..I?>,.k.p D{ ~ 1)j'l' lntheCity
01 Poway, I poI~lcat corporation Ind/or governmental II8IlCY
~ hereby accepted by the unllenillned officer or aceftt illlit-
hall 01 tile City Council JlU1SUlnt to autllarity coalerred -,
Resolution No. 34 adopted on JanuIIJ 20. 1981 anti the
eraRtll8 ClIIIIIlItS lD IIClIIdItion tIlereol by ill duiJ IUlIIorilId
ollicer... -
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EXHIBIT 'A'
PARCEL A: .
2023
All that portion of Lots 3 and 4 in Section 35, Township 13 South, Range 2 West,
San Bernardino Meridian, in the County of San Diego, State of California,
according to the Official Plat thereof, described as follows:
BEGINNING at a point in the Westerly boundary of said Lot 4 distant thereon South
130 02' 51" West 1351.87 feet from the Northwesterly corner of said Lot 3, thence
along said Westerly boundary South 130 O~' 59" West, 275.00 feet to the
Northwesterly corner of land described in deed to the ROMAN CATHOLIC BISHOP OF SAN
DIEGO, recorded May 12. 1959 as Document No. 95593 of Official Records being a
point in the Northerly line of the Southerly 7 acres of that portion of said Lot 4
which lies Northerly of the Easterly prolongation of the Southerly boundary of San
Bernardo Rancho and Westerly of the center line of the main public highway Route
3; thence South 830 50' 40" East along the Northerly line of said land a distance
of 555.92 feet to the center line of that certain 60.00 foot County road known as
Mission Road i-A, also known as Pomerado Road; thence North 20 07' 00" East along
said center line a distance of 273.69 feet to an intersection with a line bearing
South 830 50' 40" East from the point of beginning; thence North 830 50' 40" West
503.63 feet to the point of beginning.
The Southerly 7 acres of that portion of Lot 4, Section 35, Township 13 South,
Range 2 West, San Bernardino Meridian, in the County of San Diego, State of
California, according to the Official Plat thereof which lies Northerly of the
Easterly prolongation of the Southerly boundary line of San Bernardo Rancho and
Westerly of the center line of the main public highway, Route 3, the Northerly
line of said Southerly 7 acres being measured parallel with the Southerly line of
the above described land.
EXCEPTING THEREFROM that portion of that certain 7 (seven) acre Parcel of land in
Lot 4 (four) of Fractional Section 35, Township 13 South, Range 2 West, San
Bernardino Meridian, in the County of San Diego, State of California, which lies
Northerly of the Easterly prolongation of the Southerly line of Rancho San
Bernardo and Westerly of the center line of County Highway Commission Mission Road
I-A (now known as Pomerado Road), said portion lying Easterly of a line described
as follows:
BEGINNING at a point on the Easterly prolongation of the Southerly line of said
Rancho San Bernardo distant thereon 2(,8.65 feet Westerly from the center line of
said pomerado Road; thence Northerly parallel with the center line of said
pomerado Road a distance of 277.43 feet; thence Westerly at right angles, a
distance of 23.00 feet thence Northerly at right angles'a distance of 91.00 feet;
thence Westerly at right angles a distance of 33.00 feet; thence Northerly at
right angles to the Northerly line of said 7 (seven) acres parcel.
PARCEL B:
That portion of that certain 7 (seven) acre Parcel of land in Lot 4 (four) of
Fractional Section 35, Township 13 South, Range 2 West, San Bernardino Meridian,
in the County of San Diego, State of California, which lies Northerly of the
Easterly prolongation of the Southerly line of Rancho San Bernardo and Westerly of
the center line of County Highway Commission Road I-A (now known as pomerado
Road), said portion lying Easterly of a line described as follows:
BEGINNING at a point on the Easterly prolongation of the Southerly line of said
Rancho San Bernardo distant thereon 263:.65 feet Westerly from the center line of
said pomerado Road; thence Northerly parallel with the center line of said
Pomerado Road a distance of 277,43 feet; thence Westerly at right angles, a
distance of 23.00 feet; thence Northerly at right angles, a distance of,91.00
feet; thence Westerly at right angles a distance of of 33.00 feet; thence
Northerly at right angles to the Northerly line of said 7 (seven) acre Parcel,
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2024
EXHIBIT 'B'
THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH. RANGE 2
WEST, SAN BERNADINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4 DISTANT
THEREON SOUTH 13002' 51" WEST 1351.87 FEET FR0l1 THE NORTHWESTERLY CORNER
OF SIAD LOT J; THENCE LEAVING SAID WESTERLY BOUNDARY, SOUTH 83049'59"
EAST (RECORD SOUTH 83050'40" EAST) ALONG THAT CERTAIN NORTHEASTERLY
BOUNDARY LINE AS DESCRIBED IN A DEED TO THE ROMAN CATHOLIC BISHOP OF SAN
DIEGO, FILE/DOC. NO. 26011 DATED 2-13-70, 452.47 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN PUBLIC ROAD EASEMENT KNOWN AS
POMERADO ROAD RECORDED OCTOBER 5, 1970 AS DOCUMENT NO. 180907; (RECORD
SOUTH 02007'00" WEST) THENCE SOUTH 02007,'41" WEST ALONG SAID WESTERLY
RIGHT-OF-WAY LINE OF POMERADO ROAD, 10.48 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 89027' 55"
WEST, 305.75 FEET; THENCE SOUTH 13024'27" WEST 172.88 FEET; THENCE
NORTH 87046'22" WEST 122.64 FEEf; THENCE SOUTH 130 03'35" WEST 344.66
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 483.75 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THRU
A CENTRAL ANGLE OF 31007'55" A DISTANCE OF 262.85 FEET TO A TANGENT
REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 87.00 FEET; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 16007'20"
A DISTANCE OF 24.48 FEET; THENCE NORTH 89035'23" EAST 24.22 FEET; THENCE
SOUTH 02007'41" WEST 9.78 FEET; THENCE NORTH 89042'41" EAST 18.00 FEET;
THENCE NORTH 02007'41" EAST 12.00 FEET; THENCE NORTH 89042'41" EAST
192.00 FEET; THENCE SOUTH 02007'41" WEST 12.00 FEET; THENCE NORTH
89042'41" EAST 10.00 FEET; TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE
OF POMERADO ROAD; 'THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH
02007'41" EAST (RECOR!) NOR~.'H 02007'00" rAST) 32.aD FEET; THEN~E ~EAYING
SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 89042'41" WEST 245.20 FEET; THENCE
NORTH 00024' 37" WEST 3.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 113.00 FEET; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 16007' 20" A DISTANCE OF
31.79 FEET TO A TANGENT REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 457.75 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL
ANGLE OF 17057'42" A DISTANCE OF 143.50 FEET; THENCE NORTH 01025'45" EAST
10.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 447.75 FEET; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THRU A CENTRAL ANGLE OF 09058'00" A DISTANCE OF 77.89 FEET; THENCE
NORTH 13003'35" EAST 269.75 FEET; THENCE SOUTH 76056'25" EAST 10.00 FEET;
THENCE NORTH 13003'35" EAST 25.42 FEET; THENCE SOUTH 87"46'22" EAST
106.25 FEET; THENCE NORTH 13024'27'" EAST 173.68 FEET; THENCE NORTH
89027'48" EAST 289.17 FEET 'TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE
OF POMERADO ROAD; THENCE NORTH 02007'41" EAST (RECORD NORTH 02007'00"
EAST) ALONG SAID WESTERLY RIGHT-OF-WAY 20.00 FEET TO THE TRUE POINT OF
BEGINNING.
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