Grant of Easement Water and/or Sewer Pipeline & Appurtenances 1991-0504355
/
, ,
, '
C~: I 1991-0504355
30-SEP-1991 03=37 PM
, ,>
1768
RECORDING REQUESTED BY:
) OFFICIAL RECOROS
) SAH OIEGO COUHTY RECOROER'S OFFICE
) AHHETTE EVAHS, COUHTY RECORDER
) CF: 4.00 FEES:
) OC
)
)
)
)
)
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O.BOX 789
POWAY, CA 92064
(This space for Recorder's Use)
This document affects APN
275-460-58
GRANT OF EASEMENT
Water and/or Sewer Pipeline and Appurtenances
Diocese of San Diego Education and Welfare Corporation, (hereinafter
"GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter (GRANTEE"), its
successors, 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, 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 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 right 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 wi t :
Being that Portion of Lot 4 in Section 35, Township 13 South, Range 2
West, San Bernardino Base and Meridian, in the City of Poway, County of
San Diego, State of California, according to the Official Plat.
Said easement of right of way in the aforesaid lands is particularly
described as follows:
SEE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AS EXHIBIT 'A' "
4. 00
fv
ST
0C/
, r>
tJ ~>>
1769
GRANTOR, its heirs, successors and assigns shall not erect or construct or
permit to be erected or constructed any building, structure or improvement
or plant any tree or trees 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 Public Services on an
approved plan. GRANTOR, its heirs, successors and assigns shall not dig
or drill any hole or wells on any portion of the easement.
GRANTEE 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 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 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.
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 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 presiding 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 \rrTNESS~WH~F,~he GRANTOR has ~~eluted this
day of . ~ '1" A - , 19
Easement this
J7~
DIOCESE OF SAN DIEGO EDUCATION
AND WELFARE CORPORATION
Bv: ~~~PAAtZ2i~A4/
State of California }
County of San Diego} ss
1 '. .0
o~./ IS / '1'1/, before me, the undersigned, a Notary Public in and for said State,
personally appeared Vincent Whelan, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within instrument as Secretary-
Treasurer, on behalf of the Diocese of San Diego Education and Welfare Corporation, the
corporation therein named, and
acknowledged to me that such
corporation executed the within
instrument pursuant to its by-laws or
a resolution of its board of directors.
WITNESS my hand and official seal.
!J~ t cJ-~
(fhis area for official notarial seal)
1771
Ehxibit "At!
Being that Portion of Lot 4 in Section 35, Township 13 South,
West, San Bernardino Base and Meridian, in the City of Poway,
San Diego, State of California, according to the Official Plat
further described as follows:
Range 2
County of
thereof,
Beginning at a point in the westerly boundary of said Lot 4 distant
thereon South 13002'59 West 1351.87 feet from the northwest1y corner of
Lot 3 in said Section 35;
Thence South 83050'40" East a distance of 503.63 feet to the centerline of
that certain 60.00 foot County Road known as Mission Road 1-A, also known
as Pomerado Road:
Thence South 2007' 00" ,.Jest along
feet:
Thence North 87053 '00" Vlest a distance of 51.00 feet to the True Point of
Beginning:
Thence South
Thence North
Thence North
Thence South
Thence South
Thence South
Thence North
Thence North
Beginning.
said centerline a distance of 465.38
2007' 00" !vest a distance of 32,52 feet;
87053'00" West a distance of 10.00 feet:
0018'00" West a distance of 12.07 feet:
89042'00" \Vest a distance of 179.48 feet:
0018'00" East a distance of 10.00 feet:
89042'00" Vlest a distance of 20.00 feet:
0018'00" \Vest a distance of 30.00 feet:
89042'00" East a distance of 210.84 feet
to the True Point of
(Said Portion contains 0.104 acres)
Water Easement
J.N. 1258
LEe/Ie
5/12/90
,
( r1i~
\N
'"
4" !
~~
~"
,'\'0
~'"
."l~
~,
~
o
f) ?p.9
l..<-.,
'{
-
<.,
C'c:
l1.7
fe,
/'
-...,
~
(I)
o
:r:
Ct:
/VAt-CORL-OT 3
5ECT/ON35 T.as
.R.2.k. ~8.M.
pon
LOT 3
/1/&3..50' -"p 'k
5(7 J: fl3 >
POF<
LO-r --4
Al89'4R'oo" ~/o.84'
NOO'//J'OO"j<lSo.oo'
, ,po I .:\'
f,O'rP 10' fi.A& \'L.D Ii
1.'rP'~. rP~ ,,~ I .of/t1 \o~
~e,'A o' ,& AZ',p 00'\& lei
~O e~' jl 1.1;'1)
~ ~~
[<1-10 S.A )\}
,
~
~
,
"-
.<::J
%'
~
r-) r' r ~ I
D.t..r? J \}./-\ nD 0
II
WATER EASEMENT
1772
~~
~ ,
~t.t
~
~'\
I ~ ~
~~
51'~~
~~
I:\.~
~
10;
~
I
AI.l7'5~'a().w 51.t:Jo'
Not'07'OO"/i .?.?.~?'
/lRG4 ~ 0./04 hl:!.€/i5
L
E
C
J.A!lnV 1_ BNQUUi&IIIIllQ
COBPORATlON
3500 ':;I'fh' A_ Sl6te 307
So.n IlIegQ. CA 92103
(61') 21\0-0420
*ltSB