Grant of Easement Water Lines & Appurtenances 2004-0691359
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" ; R~CORDING REQUESTE~Y 001 2004-0691 359
'1111111111111111 1111/111111111111/1/111111/1111 111111/1/1 /1111111
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CITY OF POWAY JUL 23. 2004
~NDWH'~N RECORDED MAIL TO' 8'43 AM
OFFIClpL F:ELORl'S
~".:.:.JJ [ljEI3Ci COUNT'I F:ECORCIER":I OFFICE
~~ CiTY CLERK GREGOR'", ;/-'IITH, coum, RECOF:C'ER
FEES 000
[lC l'lp
CITY OF POWAY F'o,GE',: 7
P 0 BOX789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY, CA 92074
No transfer tax due (This space for Recorder's Use)
APN 314-370-39 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES) ~
DOCUMENTARY TRANSFER TAX $ ,
NER TAMID NORTH COUNTY CONSERVATIVE SYNAGOGUE, a non-profit religious
corporation (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 depicted 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 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 rights-of-way situated in adjacentlands, without any additional
compensation therefor
The land encompassing this easemenl.is situated in the City of Poway, County of San Diego,
State of California, and is more particularly described as follows, to'wit:
PARCEL 2 OF PARCEL MAP 19201, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO, APRIL 3, 2003
Said easement of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
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 City Engineer 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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e~~ement. GRANTEE shallso b,e entitled to trim, cut, or c1earAy or remove any trees,
brush,orotlwr vegetation or flora from time totimeas GRANTEE determines in its soie
discretion without any additional compensation.
GRA~tQR"9gfees thatno:6ther easement or easements shall be granted on, under, or over
this easement without the prior written consent of GRANTEE.
GRANTEE, may at anytime 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
timewithout 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 agre~dby the parties thatthe GRAN'f'OR 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 executea 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 arbitrationproceeding,admihistrative 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 orthe
presiding officer having authority to make this determination
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement ih accordance with its terms.
IN WITNESS WHERYOF, the GRANTOR has executed this easement this ,(' day
of ~ '^ Y\.9... ) ':, , 2004
NER TAMID NORTH COUNTY
CONSERVATIVE SYNAGOGUE,
a non-profit religious corporation
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By'
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) , <;;<;, 'D I"N,
Title: ,
(Signatures must be notarized, Notary form attached)
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EXHIBIT 'A'
LEGAL DESCRIPTION
WATER LINE EASEMENT
THOSE PORTIONS OF PARCEL 2 OF PARCEL MAP 19201, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING FILE NO 2003-
0375952, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF
SAN DIEGO ON APRIL 3, 2003, DESCRIBED AS PARCELS A, B, C AND D AS FOLLOWS,
PARCEL A.
A STRIP OF LAND 20,00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID 20 00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 01006'06" EAST, 32.61
FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 38051' II" EAST,
8904 FEET, THENCE SOUTH 88012'51" EAST, 5,00 FEET TO POINT 'A' OF THIS
DESCRIPTION; THENCE SOUTH 88012'51" EAST, 14073 FEET TO POINT 'B' OF
THIS DESCRIPTION, THENCE SOUTH 88012'51" EAST, 1500 FEET, THENCE
SOUTH 36057'55"EAST, 107.27 FEET, THENCE SOUTH [4049'43" EAST, 215 44 FEET
THENCE SOUTH 58038'25" EAST, 63.33 FEET TO A POINT IN A 28.00 FOOT CURVE
OF A WATER AND SEWER LINE EASEMENT DEDICATED ON SAID PARCEL 2.
THE SIDE LINES OF SAID 20.00 FOOT WIDE STRIP TO TERMINATE WESTERLY IN
THE WEST LINE OF SAID PARCEL 2, AND TO TERMINATE EASTERLY IN THE
28.00 FOOT RADIUS CURVE OF SAID WATER AND SEWER LINE EASEMENT
PARCEL B
A STRIP OF LAND 20,00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID 20.00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS
BEGINNING AT POINT 'A' OF THIS DESCRIPTION, THENCE NORTH 01047'09"
EAST, 99,80 FEET
EXCEPTING THEREFROM THAT PORTION LIES WITHIN PARCEL A ABOVE.
PARCEL C
A STRIP OF LAND 20 00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID 20,00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS.
BEGINNING AT POINT 'B' OF THIS DESCRIPTION; THENCE NORTH 01032'53"
WEST, 48.29 FEET TO POINT 'C' OF THIS DESCRIPTION; THENCE NORTH
01032'53" WEST, 12.50 FEET
EXCEPTING THEREFROM THAT PORTION LIES WITHIN PARCEL A ABOVE,
. .
PARCEL D'
A STRIP OF LAND 25.00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID 25.00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS.
BEGINNING AT POINT 'C' OF THIS DESCRIPTION. THENCE SOUTH 88027'07"
EAST, 20,00 FEET
EXCEPTING THEREFROM THAT PORTION LIES WITHIN PARCEL C ABOVE.
TOTAL AREA IS 15,800 SQUARE FEET, MORE OR LESS.
PREPARED BY
~~~ 6-I-p4
WILLIAM ,YEN, RCE 33730
. EXHIBIT 'B' .
WATER LINE EASEMENT
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peL 2 ~ ~ ..-r- - WATER LINE
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PNJ -1020-j ~ EASEMENT
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- N88'12'51''W
272,92'
LINE DATA. ~ \,\
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> Ll N38'Sl'11"E 89.04' \\\
a:: L2 N88'12'51"W S.OO'
0 L3 N88'12'Sl"W 140.73'
L4 N88'12'Sl"W 1S.00'
LS N36'S7'SS"W 107,27' : \'~\
L6 N14'49'43"W 21S.44'
L7 NS8'38'2S"W 63,33'
<{ L8 NO,. 47'09"E 99.80'
0 L9 N01'32'S3"W 48.29' ~o
Z L 10 N88'27'07''W 20.00' ! \O'~ '\0'
<{ Ll1 N01'32'S3''W 12.S0'
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EXIST WATER & -- ~
SEWER ESMT PER
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240.12' ~
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CAliFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of CalifornJ.a ..} ,I
1 "AN DIEGO ss, _I
" County of "
:: 07/16/04 *JESS M RAMIREZ* ::
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Dale Name and TItle 01 Qfl,cel (8,g" "Jane Doe. Notary Pullf,c"j
" II d *ISRAEL G BURSTAIN* ,
persona y appears
I, Name(s)ofSigner(s) I
o personally known to me
X 0 proved to me on the basis of satisfactory J
evidence I
" ,
, to be the person(* whose name(5j is/are'
r subscribed to the within instrument and
" - - - - - - - -- - - -1 acknowledged to me that he/9heIthey executed "
, l. JE5SM.'RAM~9 the same in his/Re,:II,";, authorized ,
,. ~ Comml3Sl~nt 'Ca1tfomia ~ capacityftes1, and that by his!l'1....,:UIt::i.
" ~ "" Notary, PUbliC-eo ~ l signature(s) on the instrument the person(s), or "
"1 San D"'110 ~23 2llO5 the entity upon behalf of which the person(s)- "
I. __ _ _ ~~_~ _ .:. _ acted, executed the instrument. ,j
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, OPTIONAL -,
r'l Though the information below 1$ not required by law, it may prove valuable 10 persons relying on the document and could prevent 'I
I, fraudUlent removal and reattachmenr of this form to another document. ,I
Description of Attached Document ~"
I, ,I
: Title or Type of Document: G"'ANT of EA5EIIENT ,:
:: Document Date: 96,'la.'Q, Number of Pages: 6 "
, Signer(s) Other Than Named Above: ,I
I. 'I
" Capacity(ies) Claimed by Signer '
,
" Signer's Name: ISRAEL G BURSTAIN ,
X "
I 0 Individual Top of thumb here ' I
" 0 Corporate Officer - Title(s): "
, 0 Partner - 0 Limited 0 General ,
, 0 Atlorney,in,Fact "
[ 0 Trustee "
r, 0 Guardian or Conservator ,I
" 0 Other' ,
" ,[
[, Signer Is Representing: ,[
,[
,:<; ".,', ~~~~~~~"Q(.~"Q(.~~~ ~
ot!1999 National Notary Association' 9350 Do SOlO Ave. PO, Box 2402. Chatsworth, CA 91313.2402. W-NW natlonalnotary.org P:OO, No, 5907 Reorder: Call Toll-Free 1-800.876-6827
, " . ~TIFICATE OF ACCEPTANCE .
;..-:-~ ~. "
This is to certify that the interest in .real property conveyed 'by the deed or grant
dated June 15.2004 from NER TAMID NORTH COUNTY CONSERVATIVE SYNAGOGUE. a non-orofit
reliqious corporation to the City of Poway, a political corporation and/or governmental agency is hereby
accepted by the undersigned officer oragent 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:~ ~,~o4 By' ~0.rhJlDOSL
Sherrie Worrell, Deputy City Clerk