Grant of Easement Water Lines & Appurtenances 2007-0752937
"~ECORDINGHEQUESTED B:I' , / "
5438 11111111 !i1l11~IIIIIIII~rullllli 11111~1~1~111~1~1111I1
CITY OF POWAY
AND WHEN RECORDED MAIL TO' DEe 04. 2007 12:00 PM
CITY CLERK ~(p I-IFFIU...:..L F:EfDF:[I':,
CITY OFPOWAY ~p _"..:.JJ LI!EI~;I-I I-{IUH ['I F:::COF:[rEF,"_, OFFill.
PO, BOX 789 1:)FiEr;nFfl ,I ':.MIfH 1-,OUr'lT', FiECOr:j[il::F,
fH" U.UII
POWAY. CA 92074 NF OC. 1'\,0
O~n PACES: ')
[lor) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
(This ~pace tor Recorder's Use)
Tax Parcel No. APN'323,071.13
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
EA 06-10
No Documentary Transfer Tax Due
POWAY UNIFIED SCHOOL DISTRICT, (hereinafter "GRANTOR") hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following
described easement for a right-of-way, in, upon, over; under and across the lands
described in Exhibit "A," and cjepicted in Exhibit "B," 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 elevations,
upon, along, over and under the right~of-way described in Exhibit "A" as GRANTEE may
now or hereafter determine in its sole discretion without any additional compensation
therefor, together with the right otingress 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:
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH,
RANGE 1 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER
DEED RECORDED SEPTEMBER 30, 1960, FILE/PAGE 196201 IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
GRANTOR. its heir, 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
Development 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.
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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 WITNESS WHEREOF, the GRANTOR has executed this Easement this iL.JJJ.. day of
),)()Ve.Yriber ,2007
.
POWAY UNIFIED SCHOOL DISTRICT
~
By'
Its erJ n-J-e rcfen+
By
Its
M:\engserv\eng forms\Easements\EA 06-01.doc
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ACKNOWLEDGMENT
State of California
County of San Diego
On November 6, 2007 before me, Sandra L. Carlyon, Notary Public
(here insert name and title of the officer)
personally appeared John P Collins
C;;rsonally known to m~or proved to me on the basis of satisfactory evidence) to be
the person(~whose name~ is/aI'E'J. subscribed to the within instrument and
acknowledged to me thathe/sholthcy executed the same in his/her-ltheif authorized
capacity(-ies), and that by his/her/tl1eir signature(-s-) on the instrument the person(-s),
or the entity upon behalf of which the person(%j acted, executed the instrument.
WITNESS my hand and official seal. l ~ SANDRA l. CAAlYOH ~
Ui' eomm.# 1569116 In
.. NOI"'MlC.OOOlll\
Signature V~~?{ (!~un../ ~ lcIlDiogoColill-
~ Convn. ~ ~ 12\lOO9,\
(Seal)
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EXHIBIT "A"
WATER EASEMENT
AN EASEMENT FOR A FIRE LINE AND APPURTENANCES THERETO OVER, UNDER,
ALONG AND ACROSS A PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP i4 SOUTH, RANGE 1 WEST SAN
BERNARDINO MERIDIAN, INTHE CITY OF POWAY,COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, PER DEED RECORDED SEPTEMBER 30,1960, FILEIPAGE 196201, iN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORl;:
P ARTICULARL Y DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF THAT PORTION OF THE
SOUTHWEST QUARTER OF THE. NORTHWEST QUARTER OF SAJD SECTION 17
DESCRIBED IN SAIJ) DEED; THENCE ALONG THE EASTERLY LINE OF THAT
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 17 AS DESCRIBED IN SAID DEED NORTH 000'57' 00" WEST A DISTANCE OF
4000 FEET, THENCE LEAVING S'AID EASTERLY LINE ALONG THE NORTHERLY
LINE OF GARDEN ROAD AS SHOWN ON COUNTY ROAD SURVEY NO 988 NORTH
890 17' 00" WEST A DISTANCE OF 176.12 FEET TO THE TRUE POINT OF
BEGINNING, THENCE CONTINUING ALONG SAIDSOUTHERL Y LINE NORTH 890 17'
00" WEST A DISTANCE, OF 2000 FEET, THENCE LEAVING SAID SOUTHERLY LINE
NORTH 000 22' 30" EAST A DISTANCE OF 34.32 FEET, THENCE SOUTH 890 37' 40"
EAST A DISTANCE'OF 149,01 FEET, THENCE NORTH 000 20' 10" WEST A DISTANCE
L"\PROJECTSI0503\AdminILEGAL$\AN EASEMENT FOR A'FIRE LINE A~D APPURTENANCES-THERETO OVER.doc
'-~t, . 5443"
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OF 113 75 FEET; THENCE NORTH 450 20' 10" WEST A DISTANCE OF 9517 FEET,
THENCE SOUTH 890 39" 50" WEST A DISTANCE OF 102.41 FEET, THENCE NORTH 450
20' 10" WEST A DISTANCE OF 32.74 FEET, THENCE NORTH 330 42' 24" WEST A
DISTANCE OF 2949 FEET, THENCE SOUTH 590 39' 50"WEST A DISTANCE OF 34.86
FEET, THENCE NORTH 300 20' 10" WEST A DISTANCE OF 20.00 FEET, THENCE
NORTH 590 39' 50" EAST A DISTANCE OF 32.73 FEET, THENCE NORTH 560 12' 24"
WEST A DISTANCE OF 106.42 FEET, THENCE NORTH 670 27' 24" WEST A DISTANCE
OF 42.98 FEET, THENCE NORTH 890 57' 24" WEST A DISTANCE OF 5375 FEET,
THENCE SOUTH 000 02' 36" WEST A DISTANCE OF 5.81 FEET, THENCE NORTH 890 57'
24" WEST A DISTANCE. OF 2000 FEET, THENCE NORTH 000 02' 36" EAST A
DISTANCE OF 25.81 FEET, THENCE SOUTH 890 57' 24" EAST A DISTANCE OF 77 73
FEET; THENCE SOUTH 67" 27' 24" EAST A DISTANCE. OF 48.93 FEET, THENCE SOUTH
560 12' 24" EAST A DISTANCE OF 114.84 FEET, THENCE SOUTH 33042' 24" EAST A
DISTANCE OF 49.24 FEET; THENCE SOUTH 450 20' 10" EAST A DISTANCE OF 22.42
FEET, THENCE NORTH 890 39' 50" EAST A DISTANCE OF 102.41 FEET, THENCE
SOUTH 450 20' 10" EAST A DISTANCE OF 11174 FEET, THENCE SOUTH 000 20' 10"
EAST A DISTANCE OF 142.28 FEET, THENCE NORTH 890 37' 40 WEST A DISTANCE
OF 149.26 FEET, THENCE SOUTH 00022' 20" WEST A DISTANCE OF 1444 FEET TO
THE TRUE POINT OF BEGINNING
SAID PARCELCONTAlNS 17,136.63 SQUARE FEET
~7
THOMAS A. JONES DA E ,
L.S. 6622
L IPROJECTSIOS03\AdminILEGALS\AN EASEMENT FORA FIRE LINE AND APPURTENANCES THERETO OVER,doc
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N 89'17'00" W 660.38' 5443
EXHIBIT 'B'
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LEGEND
~~I EASEMENT FOR WATERLINE
/. , SHOWN THUS 17,13663 SQ FT
P O.C. POINT OF COMMENCEMENT
lP O.B. TRUE POINT OF BEGINNING
EASEMENT FOR WATERLINE GARDEN ROAD ELEMENTARY SCHOOL
Dote
06/13/06 BDS ENGINEERING, INC
CIVIL ENGINEERING
LAND SURVEYIN G
Scale Drawn 6859 Federal BO'1l,levard Sheet No;
1 "=100' Le77wri' .Grove, California 91945 1 OF 2
(619) ,5/!2-499~ ,
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DATA TABLE 5445
NO DELTA OR BRG RADIUS' I LENGTH REMARKS
L1 N 89'17'00" W --- 20.00' R/W
L2 N 00'2t20" E --- 34.32' ESMT LINE
L3 S 89'37'40" E --- 149.01' ESMT LINE
L4 N 00'20'10" W --- 113.75' ESMT LINE
L5, N 45'20'10" W 95.17' ESMT LINE
L6 S 89:39'50" W --- 102.41' ESMT LINE
L7 N 45'20'10" W '--- 32.74' ESMT LINE
L8 N 33'42'24" W --- 29.49' ESMT LINE
L9 S 59'39'50" W --- 34.86' ESMT LINE
L10 N 30'20' 1 0" W --- 20.00' ESMT LINE
L11 N 59'39'50" E --- 32.73' ESMT LINE
L12 N 56'12'24" W .... 106.42' ESMT LINE
L13 N 67'27'24" W --- 42,98' ESMT L1NIO
L14 N 89'57'24" W --- 53.75' ESMT LINE
L15 S 00'02'36" W --- 5.81' ESMT LINE
L16 N 89'57'24" W --- 20.00' ESMT LINE
L17 N 00'02!36" E --- 25.81' tSMT LINt
L18 S 89'57'24" E --- 77 73' ESMT LINE
L19 S 67'27'24" E --- 48.93' ESMT LINE
L20 S 56'12'24" E ._-- 114.84' Es~n LiNE
L21 S 33'42'24" E --- 49.24' ESMT LINE
L22 S 45'20!10" E .--- 22.42' ESMT LINE
L23 N 89'39'50" E --- 102.41' ESMT LINE
L24 S 45'20' 10" I --- 11174' ESMT LINE
L25 S 00'20'10" E --- 142.28' ESMT LINE
L26 N 89:~7'40" W --- 149.26' ESMT LINE
L27 S 00'22'20" W --- 1444' IOSMT LINE
EASEMENT FOR WATERLINE GARDEN ROAD ELEMENTARY SCHOOL
-
O~ate
06:)/13/06 BDS ENGINEERING. INC.
CIVIL ENGINEERING
LAND SURVEYING
Scale 'Drawn 6859. FedeTul Boulwvard Sheet No.
N/A Le1iion. Grove, CaLif01'rLiiJ. 91945 2 OF 2
(61,9) 582 4992 .
OWG; FILE: l:\PROJECTS\0503\Engr\E~HIBIT\EXHIBILdwg
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. 5446 /
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated' Novmber 6, 2007, from Poway Unified School District, Grantor, 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 IIJ{).'j/07 CITY OF POWA Y
Seal: By:
H:\forms\certificate of acceptance.doc