Grant of Easement Water Line & Appurtenances 2005-0442981
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i(f ~ECORDING REQUESTED BY. MAY 26 2005 8'05 AM
1f CITY OF POWAY
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oMkANDWHEN RECORDED MAil TO, :,..:.:.J-l [IIEI_~CI cnUt'lff F:EUJF:[IER":I nFFICE
C1F:ECil]F:'1 .1. '::.;t...jiTH, CCiIIi'H'1 F:EU]R[IEF:
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rJf CITY CLERK Cli- r'v.:.
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CITY OF POW A Y 110111111111111111111111111111111111111110111111111111101II111111111111111111
PO. BOX789
POWAY, CA 92074
(This space for Recorder's Use)
APN 317-j 10-45 & 71 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINE AND APPURTENANCES)
NO DOCUMENT TRANSFER TAX DUE
FIRST BAPTIST CHURCH OFPOWAY,a corporation (hereinafter "GRANTOR") hereby
grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the
following described easementfora rightcof-way in, UpoR,over, under and across the lands
described in Exhibit "A", to erect, construct, reconstruct,. replace, repair, maintain, and use a
pipeline orpipelilles for any and all purposes, together with such fixtures and appurtenances,
including but.not limited to, facilities for power transmission and communication purpos.es, at
such locations and elevations, upon, along, over and uridl';r 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 frbril'theease.ment by a
practical route or routes ill, upon, pver, or across the land,described below, togeth~r with the
right to use fhis easement for access to GRANTEE'S rights"ofcwaysituated in adjacenrlahds~
without any additional compensation therefor
The land encompassing this easement is situated in the City of Po way, County of San Diego,
State of California, and is more particularly described as follows, to wit:
THAT PORTION OF THE E!\ST .HALF OF THE NORTH HALF OF THE SOUTH HALF
OF THE N8RTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 14 SO,UTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN ElIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF
Said easement of right-of-way in the aforesaid land is particularly described as follows'
(SEE ATTAQHED EXHIBIT "A" MADE APART HEREOF)
GRANTOR, its heirs, successors and assigns she,lIl 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 vegetati6nor f10rawithin saideasemelltwithoulthe express written approval of
the City of Po way as evidenced by the signature Qf th_eCity Er)gineer 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
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ea'sement. GRANTEEsha . also be entitled to trim, cut,or.clear'away or remove any trees,
brush; or othervegetation or f1orafrom time to time as GRANTEE determines in its sole
discretion without any additional compensation.
<;3RANTOR agrees that no'other easement or easements shall be granted on, under, or over
this easement without the priorwritten consent of GRANTEE.
GRANTEE,.mayatanytime,iricrease its use of the easement, change the location of pipelines
or other facilities within the boundaries of thee.asement right-of~way, or modify the size of
existing pipelines or other improvements as it may determine in its sole discretion from time to
timewithoutpaying any additional compensation to GRANTORor 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 undeh5tood 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 gmundelevations 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,
inclLJding 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
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attorney's fees and the costs ofthe proceeding, which shall be determined by the court or the
presiding officer having authority to make this determination.
GRANTOR expressly Viar:rants and represents that GRANTOR has the power to grant this
easementin accordance with: its terms.
IN W~ESSWHEREOF, the GRANTOR has executed this easement this /aZr.. day
of ~ ,2005
FIRST BAPTIST CHURCH OF POWAY,
Refer to Exhibit "B" attached hereto a corporation
undmade.aparfhereof. In the event
Exhibit "B" is not recorded with'this
document the entire document shall be -
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null and void for the purpose it is
conveyed. #'- kJ'Y 1e.I.7;/ I
2CiIlF?RD
,I..' KA,BITAR ~
-,' . Conim:l1551725 (J) {/tVtt~1 -&~or~
Ul H01ARY.PUBl.K:,CAUfORHIA
, . SOftIliegoCounty -
.~ I/y.COOlI1l'EXP,,,F'b,II,201191
(Signatures must be notarized)
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ALL-PURPOSE ACKNOWLEDGMENT
State of California }
~ SS
County of ?'A ~r n i c.. .
On f)- 10. 0 ') before me. J14fY)A l e,j ,A (<. .
. IDATEI I ' lM)TARYI
personally appeared -R \ (' ~ ~Lt=I A ? ~l. f,G'~S \ L L..
o personally known to me - OR- ClI proved to me on the basis of satisfactory
evidence to be the person( s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same In his/her/their authorized
capacity! ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
J, (iI K. A. BITAR ~
ffi Comm.l1551725 lJ)
NOTARIPUBUC.CAUFORHIA
~ SanDiogoCounlJ- WITNESS my hand and official seal.
I/yC_.flpfflF~.If.IOO9i' NYf4
:-.!DTARY'S Sllir\ATURE
OPTIONAL INFORMATION
The information below is not required by law However il could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL fJ;unf of EASf/'1 b AlT
lD CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT .
TITLEISl
o PARTNERISI ~
o ATTORNEY-IN-FACT NUMBER OF P~GES
o TRUSTEEISI 5 /e ....
o GUARDIAN/CONSERVATOR c,:>
o OTHER C /fr\r-/\A-rJ.~ OOA(tf,) of~QG~'> DATE OF DOCUMENT
OTHER
! 'r'1'"
SIGNER IS REPRESENTING RIGHT THUMBPRINT _1: II. I ,I-l"~,' i'';'r~,
N,\:v1E OF PERSflNiS) OR ENTITY(lES) OF 2 t ,'~~ 'm'l~
E I ~ Ii,~, ";i;?"
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SIGNER E .1 ~ii!;'
o ~W, -. Xl~".'~:.,
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APA 5/99 VALLEY-SIERRA. ROO-361-130Cl
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EXHIBIT "An
LeQal Description
WATER LINE EASEMENT
THAT 'PORTION OF THE EAST I1ALF OF THE NORTH H:A.LF OF THE SOUTH HALF OF THE
NORTHWEST QUARTEROFTHENCQRTHE;:.ST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO'MERIDIAN, IN THE .COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS
PARCEL1
.A 2.0:00-F08T STRIP OF LAND, MEASURED 10 00 FEET ON EACH SIDE'OF THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING ATTHE SOUTHEASTCORNER OF SAID NORTH HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 02052'28"
. . _ _ - . -L, __ _ '. .
EAST ALONG THE EASTLlNE OFrSAID NORTHWEST QUAR'fER OFTHE NORTHEAST QUARTER
OF SAID 'SECTION, 119.50 FEETTO THE TRUE POINTOF BEGINNING, THENCE LEAVING SAID
EAST LINE OF THE NORTHWESTOuARTER OF THEN<')frrHEAST QUARTEROF SAID SECTION
NORTH 880'55'04" WEST,,48.34 FEET TO POINT"A"; THEN.C.E CONTINUING NORTH 88055'04"
WEST, 19.86 FEET, THENCE NORTH 43055'04" WEST, 14478 FEET TO POINT "B"; THENCE
CONTINUING NORTH 43055'04" WEST, 1674 FEET, THENCE NORTH 88055'04" WEST, 142.00
FEET TO POINT "C"; THENCE CONTINUING NORTH 88055'04': WEST 1 0.00 FEET TO A
TERMINUS.
EXCEPTING THEREFROM TH6T PORTION J..YING WITHIN THE STREET RIGHT OF WAY FOR
MIDLAND ROAD, AS SAID ROAD IS ESTABLISHED AS OF THE DATE OF THIS INSTRUMENT
PARCEL 2
A 20.00cFOOT STRIP OF LAND, MEA?UR~D 10 00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING A't POINT'A" DESCRIBED ABOVE, THENCE SOUTH 01 '04'56" WEST, 22.00 FEET TO
A TERMINUS.
EXCEPTIt:-JG THEREFROM THAT PORTION LYING WITHIN THE STREET RIGHT OF WAY FOR
MIDLAND ROAD, AS SAID ROAD IS ESTABLISHED AS OF THE DATE OF THIS INSTRUMENT
PARCEL 3
A 10 OO-FOOT STRIP OF LAND, MEASURED 5 00 FEETON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING AT POINT "B" DESCRIBED ABOVE, THENCE SOUTH.46004'56" WEST, 15.00 FEET TO
A TERMINUS.
PARCEL 4
A 30 OO-FOOT STRIP OF LAND, MEASURED 10.00 FEET WESTERLY AND 20 00 FEET EASTERLY
OF THE FOLLOWING DESCRIBED CENTERLINE.
BEGINNING AT POINT "C" DESCRIBED ABOVE, THENCE NORTH 01'04'56" EAST TO ITS
TERMINUS ON THE NORTHERL YLlNE OF THE NORTH HALF OF THE SOUTH HALF OF THE
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NORTHWEST QUARTER OF THE N0RTHEAST QUARTEROF SAID SECTION 13,
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TbiE SIGELlNES OF S[;\IDSTRIP0F LAND SHALL BE PROLONGED:,0RSHORTENED SO AS TO
TERMINATE NORTI:.fERLV ON THE NORTHERLY LINE OF THE' NORTbiHALF OF THE SOUTH
. - . .. ~,.. . . .
HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST'ClUARTER OF SAID SECTION 13.
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EXHIBIT "Boo
GRANTEE, llt:its cost, shall repair any and all failures.to the asphalt patchwork within
GRANTORS eXisting parking lotresillting from the installation of a I-inch water lateral
within the,easement area. Further, GRANTEE, at its cost; agrees to make any and all
repairs resulting in a break and/or a leak to the I "inch water line lateral within
GRANTORS existing parking lotand the easement area.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: May 10, 2005 from the First Baptist Church of Poway, Grantors, to the City of
Poway, Grantee, 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
Dated May 25. 2005 CITY OF POWA Y
Seal: -. BY~~~
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~ ---...- '....,-.. I.!. Diane Shea, City Clerk
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