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Grant of Easement Water Line & Appurtenances 2005-0442981 - ';A-- , . ceC # 2005-0442981 -< , I imil 1111111111111111111111111111111111111111111111111111111111 1111 i(f ~ECORDING REQUESTED BY. MAY 26 2005 8'05 AM 1f CITY OF POWAY \]FF\CI.I'>.L REI_CiP,C':J 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: 1M(;' I-cE':, D,DD rJf CITY CLERK Cli- r'v.:. F=.:.:.flt'- ; 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 o S~II'3 !.. . 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 . . 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 - .' 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) . . 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;?" :::J ,I ~ ' \*'>~ SIGNER E .1 ~ii!;' o ~W, -. Xl~".'~:., o ,~. ". ,e APA 5/99 VALLEY-SIERRA. ROO-361-130Cl J . . 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 . . NORTHWEST QUARTER OF THE N0RTHEAST QUARTEROF SAID SECTION 13, .- . ' 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. . . " . . 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. . . . . 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~~~ '-- . ~ ---...- '....,-.. I.!. Diane Shea, City Clerk " ~ .' - - .C ,,' ___' - \ ~. ~ ' ' "'" /. ~ ~ '...... . \...... - ;,.\.;~ "'~ '" ';~ \... ~ : '- "- -" ~-- ..