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Grant of Easement (Street Right-of-Way Purposes) 2003-0742052 '. . 13939 DOC" i , 2003-0742052 RECORDING REQUESTED BY JUN 24, 2003 9:06 AM VW CITY OFPOWAY OFFICIAL RECORDS -/ SAN DIEGo ClllINTV RECORDER'S OFFICE op AND WHEN RECORDED MAIL GREGORY J. SMITH, COUNTVRECORDER I' . TO' ms: 0.00 tJ ~ 1'< CllY CLERK DC: NA :' iii!lllllllli/liiiillllllllllllllllillilllliliiliiilliiili111111111111 ' \ f) CITY OFPOWAY ~ PO BOX 789 I.' POWAY, CA 92074 .~-~~---- .:~~2~ .~QQ.~~~~~~:~ . - -"~_ u.': h. No transfer tax due This.s ace for Recorder's .Use APN 317-472-14 NO DOCUMENT TRANSFER TAX NO FEE '::-; i. . GRANT OF EASEMENT (STREET RIGHT-OF-WAY PURPOSES) POWAY UNIFIED SCHOOL DISTRICT, which acquired title as Poway Union School District (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for aright-of-way in, upon, over, under and across the lands described in Exhibit "A" and depicted in Exhibif"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 hereaftefdetermine in its sole discretion without any additional compensation therefore, together with the right of ingress and egress from the easement by.a practical route orroutes in, upon, over, or across the lahd described below, together with the right to use this easemelJt for access to GRANTEE'S rights-of-way situated in adjacent lands, without any additional compensation therefore 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: THAT PORTION OF THE SOUTH 65300 FEET OF THE EAST 66000 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19,1880 Said easement oUight-of-way in Ihe aforesaid land is particularly described as follows. (SEE ATTACHED EXHIBITS "A" AND "B" MADE A PART HEREOF) GRANTOR, its heirs, successors and assigns shall not erector construct or permit to be erected. or constructed, any buildilJg, structure.or improvementor plant any tree or trees or plant any other vegetation or florawithinsaid.easement without the express written approval of the City'of Poway as evidenced by,the.signature of the City ElJgineer 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 W,\5295\MS Word F,lestilr~nl 01 E35lmern doc Page 1 of 2 OI"~rLD l:.O?f , I~(!f 401-04 3t~I?- . J3940 . - GRANTEE may use all^gates and fences which, now, or later, cross any portion of the easement. GRAN1;EEshall also, tie entitled to trim, cut, or clear away or remove a.ny trees, brush, or other vegetation: or flora frbmtime 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 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 s61e 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 whi<;h exists at the time this document is executed without obtaining the priorwritten consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or notlitigation is commenced, or if any arbitration proceeding, administrative proceeding or litigation in law or in equity, including an action' for declaratory relief, is brought \0 enforce or interpret the provisions or performance of this easement, the prevailing party shalLbe 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 19th day of May 2003 POWAY UNIFIED SCHOOL DISTRICT By' ~~~ Associate Superintendent (Signatures must be notarized) P:\15995\CiviC Cemer Dnve - Proj #5295\MS Word Fileslgr.lf\t of Eastme~tdoc Page 2 01.2 . 13941 . STATE OF CALIFORNIA, } S.S. COUNTY OF SANe DIEGO 'On May 20, 2003 , before me, Susan K. Kirchner , a Notary Public in and for said County and State, personally appeared KEITH L. BRADFORD personally known to me (9r pnree! to ,,'c UII FOR NOTARY SEAL OR STAMP tAe" BSgji' ';]f Gati5f~e!6rJ' e..ial,I........) to be the person(ej whose name(er is/are subscribed to the within instrument and acknowledged to me that j - - - - - -- he/~. ItR~.. '.. executed. the same in his/t19rI.\Reir' ~. ,IUSAN.IC. KIIlCHNER ~ authorized capacity(iee;., and that by his/tierltheir l. C'anmIaIon! 124S4Cll , signature(1Ij on the instrument the person(aj, or 1 ~ ,:::.~ ~ the entity upon behalf of which the person(s) 1 MrComm.I'lipIIll5Jan8.2lXl4f acted, executed the instrument. _ _ _ _. WITNESS my hand and official seal. Signature ~~ <7')~.~ STATE OF CALIFORNIA, } S.S. COUNTY OF On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowiedged 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) acted, executed the instrument. WITNESS my hand and official seal. Signature TE 160 legal (2-94) This form is furnished by Chicago Title Company I 1319,4:2 . C TIFICATE'OF ACCEPl:"Af;fcE , This islo certify tliarthe ihterest in real property conveyed by the deed or grant dated May 19',112003 from Po~ay Unified School ni~trirt to the City of Poway, a political corP9ration 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: ,JIJnP ?3 ,?OO1 By L ri Anne Peoples, City Clerk C1 ty of Pow~y ......'O .. . 13943 . EXHIBIT 'A' APN.317-472-14 VESTING: POW A Y UNIFIED SCHOOL DISTRICT THAT PORTION OF THE SOUTH 653.00 FEET OF THE EAST 660.00 FEET OF THE NORTHWEST QUARTElfoF THE. SOUTHWEST QUARTER OF SECTION 13, TOwNSHIP 14 SOUTH, RANGE 2 WEST OF ritE SANBERNARDINOiMERIDIAN,IN THE'CmYOF'POW A Y, COUNTY OF SAN .DfEGO, STAT!' OFCALIFORNIA,ACCORDING TO UNITED ST A TESGOVE~NT SuRVEY . APPROVED NOVEMBER 19, 1880 DESCRlBED'AS FOLLOWS:' . .. ,P{\RCE1:1,.. .. . " '" .AN EASEMENT FOR STREET RIGHT -OF- WAY PURPOSES THE NORTH2.00'FEET OF THE WEST, 84.00' FEET OF SOUTH 653.00 FEET OF THE EAST 660.00 FEET OF TH.E'NORTHWEST QUMTER OF THE SOUTHWEST QUARTER OF SAID SECTImi' I 3. SAID EASEMENT CONTAINS 168 SQUARE FEET MOREOF LESS. PARCEL 2 AN EASEMENT FOR STREET RlGliT -OF- WAY PURPOSES THE NORTH 8.00 FEETOFTHEWEST 144.00 FEET OF THESOUTH 653,00 FEET OF THE EAST . . ~ ;," .-"c_ . , 660.00. FEET OF: THE'NORTHWESIQUARTER OF'THE SOUTHWEST QUARTER OF SAID SECTION'13. EXCEPTING THEREFROM THE WEST 84,00 FEET SAID EASEMENT CONTAINS 480 SQUARE'FEET MORE OR LESS. PARCEL 3 AN EASEMENT FOR STREET RlQ~T -OF- WAY PURPOSE,S THE NORTH 6:00 FEET OF THE EAST 163.00 OF THE SOUTH 653.00 FEET OF THE EAST 660,00 FEET OF THE NORCfHWEST QUJ\RTI'.!tOF i,'HESOUTHwEST QUARTER OF SAID SECTION 13. EXCEPTING.THEREFROM THE'EAST 30:00 FEET SAID EASEMENTCONT AlNS 798 SQUARE FEET MORE OR LESS EXHIBIT 'B' BEING AMAP, ATTACHED HERETO AND MADE Pi PART, HEREOF THIS DESCRIPTION, PREPARED BY LICENSED.LAND SURVEYOR. '. .(2 . , ~) 13q44 .! " EXHIBIT teB" ....;: 1..0",-:., ,'" , ,\.:.:....., .. . ~ .. 110- _.~, gOWA Y R_OAD -lr~ <to SCALE 1"=200' ~R N 89"09'58" W 630,00' ~' ~S:E EASEMENT DETAJ- I a:: SHEET 2 ~ <1:. ~ 0.. 0 >- 0 0 ...J ~ ,.; 0 11:'~ Lll It) VALLEY ELEMENTARY ,.; Lll <0 :21 15,o a:: SCHO:OL "'~ 0 z ::I.. " >; '" >-~ / "-' <t: . <r.3i ... s: ~ ~' ~ (1)(1) 0 S" RO S 4-j9'5 <"- 0.. 0 "'0 z N89"09'58"W 630.00' 80S 8255 NOTE: ALL DIMENSIONS SHowN HEREON ARE COMPILED FROM RECORD DATA. CITY OF POWAY Right,...Of-'Way E!igine~ring Services; Inc. EASEMENT PLAT . _. _ Land!Surv~ying. - A.P:N.. . VE.S!ING.: 4167 Averuda de Ja PlalaSle. ,114 . Oceanside, CA. 92056 (760) 732-13,66 FJ,X (760) .732-1367 . 317-472-14 P0WA Y UNIFIED Drawing- ,file name: P~~.~w~~dwg SCHOOL DI5T Job No.0207~OO58-02 DRAWN B:l" C:E;R, DA TE: 01 27-'03 SHEET 1 OF 2 o. i2. '.,. - ~ t' EXHIBIT teS" '~ 13'14 ~ 2:00' I...........;..............f" "..........,,,................ DETAIL 'A' pARCEL 1 NO SCALE b b . o a 0 .~~, ;0 , . , cO 84.00' 0,00' . .............,.. . . . . .. 133,00' 30' PARCEL 2 PARCEL :3 PARCEL 1 480 SO, FT. 798 SO. FT. 168 SO, FT. SEE DETAIL 'A' ABOVE SCALE 1"="80' NOTE: .ALL DIMENSIONS SHOWN 1:1 DENOTES AREA OF EASEMENT ACQUISITION HEREON ARE COMPILED FROM RECORD. DATA. OITY OF POWAY Right-Of-Way EngilleeIing' Sej"vices,Inc; EASEMENT PLAT Land . Surveying' A.P.N.: VESTING:' 4167 .Avenid~ de .1a;PlalaSle. 114 . Oceanside, CA 92056 "317-472-'"4' POWA Y UNIFIED (.760)73,2-1366' FAX (.769) 732-1367 , '.. .SCHOOL DIST, DrawIng file; nome: pwsd~k.d~g - Job No, 0207-0058-02 DRAWN BY' C,E:R DATE:01-27~03 SHEET 2 OF 2.