Grant of Easement Water Lines & Appurtenances 2004-0602425
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" .. ;~ -' R~C~R~I.NG REQUEStD BY DOC' 2004-0602425
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14173
CITY OF POWAY JUN
28. 2004 12:26 PM
AND WHEN RECORDED MAIL TO OFFICIAL RECORDS
(;IJ SAN DIEGlJ COUNTY RECORDER'S OFFICE
CITY CLERK GREGORY J. SMITH, COUNTY RElmJER
~t CITY OF POWAY FEES: 0.00
POBOX 789 DC: ~
od(), POWAY CA 92074 r---" .3.0 ~ ~ Iru ~ql,1i b,lUU~", ,'~ ':'; <!. :1", oj" _ \
(.01' I 1 111111 II!II !Ifl! !![!! !!'IJ~!WU~J!I!' 1"1!.\11['/1I1 !~!~!I ~ecorder's Use)
No transfer tax,due
Tax Parcel No 313-312-12 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER.L1NES & APPURTENANCES)
POWAY UNIFIED SCHOOL DISTRICT. which acquired title as 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
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 adjacent lands, without any additional
compensation therefor
The land encompassing this easement is situated in the City of Poway, County of San
Diego, State of California, and is more particularly described as follows, to wit:
A PORTION OF LOT 1 OF BERNARDO HEIGHTS UNIT NO 23, IN THE
CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 11357, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 21,1985
Said easement of right-ofcway in the aforesaid land is particularly described as
follows
(SEE ATTACHED EXHIBITS "A" AND "B" MADE A PART HEREOF)
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 e~sement without the express written
approval of the City of Poway as evidenced by the signature of the City Engineer on an
OLl -6-=t-0
approved ,plan, GRANIR, its heirs, successors a;t 41_ 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 vegeiation or flora from time to time as GRANTEE determines in
its sole discretion without any addition 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 pipeiines 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 ITNESS WHEREOF, the GRANTOR has executed this Easement this 'ki,-- day
of ,2003
POWAY UNIFIE
-
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14175
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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, County of 11,J Ie&;0 .
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On J V..1/e 1, ;leJoej , before me, SiU./lJR /I [ CI1/l1 YON ,A/o T/!,eV /b./0v
Dale JOliN Name and Tille of Officer (e.g., -Jane doe, Notary Public")
personally appeared COUI,uS aKI1 00/-!v;J ('OI-<IPi)
Name(s)of Signer(s)
1% personally known to me
o 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
~ ~ """' ,~.".. ( signature(s) on the.instrument the person(s), or
the entity upon behalf of which the person(s)
-. Comm, /1304265 acted, executed'the instrument.
, 00. NOTARY PUBLIC. CALIFORNIA UJ
, , San Diego COllnty -
, My Camm. Expires "'8yI2,2005 ... WITNESS my hand and official seal.
Place Notary Seal Above ~dA-")~ (b"''flrx/
SIQnature of Notary Pubh
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached DocumenC1: ~ tEAs EmE,Vi
Title or Type of Document: R 11,U I 121'
Document Date: .JiJ All:; 1, ...2/)rJlf Number of Pages. :2+- 61Ht~t7 a ill"
-f t>~H, /?J17 13(;1"
Signer(s) Other Than Named Above: )/0..1/5
Capacity(ies) Claimed by ,~
Signer's Name: JiJH '(){U,vS (/I~11 ::Jo;tttl P ('!'JUt";?) RIGHT THUMBPRINT
o Individual , OF. SIGNER
Top of thumb r'ere
o Corpor?te Officer., TiUe(s): ;~~~~~~,~~~\:
o Partner - 0 Limited 0 General 'ff~ v_,",'"
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o Attorney in Fact -'~~li'<'
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o Trustee .~,j"'--~"....t."":S'-'';'-'
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Signer,ls Representing: It id ;11 t/ All ;:1 G D .", ~ ?IIi:
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14176
EXHIBIT 'A'
A PORTION OF LOT I OF BERNARDO HEIGHTS UNIT NO 23, IN THE CITY OF
SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO 11357, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 21,1985 DESCRIBED AS
FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT I, THENCE ALONG
THE SOUTHERLY LINE OF SAID LOT I, NORTH 88010'24" WEST, 37,55 FEET,
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 38052'21" EAST, 61.31
FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, THENCE ALONG
SAID EASTERLY LINE, SOUTH 1006'35" WEST, 48.94 FEET TO THE POINT OF
BEGINNING.
TOTAL AREA IS 918.78 SQUARE FEET, MORE OR LESS.
PREPARED BY
~~7'~ 1r-'7-af
WILLIAM C. YE, RCE 33730
EXHIBIT 'B' 14177
WATERLINE EASEMENT
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ESMTH20RBHIGH.DWG
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14178
CERTIFICATE OF ACCEPTANCE
This is to certify thaHhe interest in real property conveyed by the deed or grant
dated June 7, 2004 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 June 11, 2004 CITY OF POWAY
Seal: B~fft~, O~~jJ~
fori Anne Peoples, ity Clerk
N:\city\sharelcertificate of acceptance-city doc