Grant of Easement Water Line & Appurtenances 2003-1133616
~ 10648
~ECORDING REQUESTE~Y DOC'-LG03-1133616
CITY OF POWAY SEP
16. 2003 8:20 AM
ANDWHEN RECORDED MAIL'TO' OFFICIAL RECORDS.
SAN DIEGO COUNTY ~iCORDER'8 OFFICE
CITY CLERKGREGO~'V J.. SMITH, COUNTY ~iCORDER
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\ . APN 275-450-27 uv NO DOCUMENT TRANSFER TAX NO FEE
,
GRANT OF EASEMENT
(WATERLINE AND APPURTENANCES)
POWA Y UNIFIED SCHOOL DISTRICT. which acquired title <:is Poway Union School District
(hereinafter "GRANTOR") hei'eby'grarits to CFrY OF POWAY(hereinafter "GRANTEE"), its
successors, or assigns, the following described easement 'fo(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, r~pair, 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-0f"way described below as GRANTEE may now or hereafter
d$termin.e in its sole discretion without ahy additi0nal compensation therefore, together with
the' rightof ingress and egressfr0m the easement by a practical.r0ute or .routes in, upon, over,
or across the land described below, togetherwith the rightto use this easement for access to
GRANTEE:S rights-of"way situated in adjacent lands, without any additional compensation
therefore
The land encompassing thiseaselllent is situated in the City of Poway, County of San Diego,
State of California; and is more particularly described as follows, to wit:
PORTION OF THE SOU1}IWEST QUARTER OF SECTION 31 TOWNSHIP 13
SOUT-H.RANGE 1 WEST;,SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE'OF l;:ALlFORNIA ACCORDING TO
THE UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19,1880
Said easement of right-of-way in the aforesaid land is particularly described as follows.
(SEE ATTACHED EXHIBIT "A" MADEAPARTHEREOF)
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 florawithin said easerilentwithout the express written approval of
the City of Powayas evidenced by the signature of the City Engil)eeron an ilPproved plan
GRANTOR, its heirs, sllccessors arid assigns shall not aig.orddllany'holeor wells on any
portion of the easement.
10SOO' E5jX)Ia: (u'J ,
03~fOS
. 10649
GRANTEE may uWall gate~nd fences which, now, or later, erel any portion of the
easement. GRANTEE,shallalso be entitledto trim, cut, or Clear.awayor remove any trees,
brUsh, or other vegetation orflora frolT) time to;time;as GRANTEE determines in its sole
discretion withoutany additional compensation.
GRANTOR agrees that no other ,easernent or easements.snall.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 otherfacilities within the boundaries of the easement.right"of-way, or modify the size of
existing pipelines or'otherimprovements as it may determine in its sole discretion from time to
time without paying any additional compensation to GRANTOR:<Yr GRANTOR'S heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond
the easement boundaries describedaoove
It is also Understood and agreed'by the parties that the GRANTGR and the GRANTOR'S
heirs, successors, or assigns,. shall not increase or decreaseor,p~rmit to be increased .or
decreased the existil:lg ground.elevationsofthe above describeq eas'ement which exists atthe
time this document is executed without obtaining the prior written consent of'the GRA~TEE
In the event-of any dispute involvil:lg this Agreement, whetheror,noUitigation is commenced,
or if any arBitration Rroceeding, administrative proceeding or litigation in law or in equi\y,
inCluding an actiqn fqrdeClaratory relief; is brought to enforce20r interpret the provisions or
performance 6Uhis easement, the prevailing party shall b~ entitled ,to an award of all
attorney'sofees and the costs of the proceeding, which shall be determined by the cpuit or the
presiding officer having authority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR'has the power to grantthis
easement in accordance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executeD this ea~sement this 19th day
of May, 2003 ,~.
POWAY UNIFIED SCHOOL DISTRICT
---'~--- - -
By' 1. '.' '
Keit~' L. rad'ford
Assocfate Superintendent
(Signatures must be notariz~d)
. 10650 .
STATE OF CALIFORNIA, } S.8.
COUNTY OF SAN DIEGO
On May 20, 2003 , before me, Susan K.Kirchner 111 "-
, a Notary Public in and for said County and State, personally
appeared KEITH L. BRADFORD
personally known to me (sr ~fa.aEi te lilt:: VII FOR NOTARY SEAL OR STAMP
tho h'=loc:ic:: "f ':'atisfe8tef) 8vis8Aee) to be
the person(llj whose name(Bj"is/fl:f&subscribed to
the within instrument and acknowledged to me that lj .:f~~=
he/sl:ls!tl:lsy executed the same in hisll:ler!ll:leir
authorized capacityl1es1, and that by hisll:lsl/t1 ,~ir ~ ,.. NoImy I'UbIlc - California
signature!6j' on the instrument the person~, or I San DIego Counly I
the entity upon behalf of which the person(.sy
MyComm, fr;lle Jane. 2004
acted, executed the instrument. --,. - ---
WITNESS my hand and official seal.
Signature ~'Jf'II.___ -<7~~ le ~.i~:~=.' t
l NolaIv NIIIc - CaIlfomIa ~
- San DIego County -
~ ~comm.fr;ll~Jane.2lXl4f
STATE OF CALIFORNIA, - --
} 8.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 acknowledged to me that
helshe/they executed the same in his/her/their
authorized capacity(ies), and that by his/herltheir
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
.TIFICATE OF AC;CEPTANCE . 10651
This is to certify'that the interest iri real property conveyed by the deed or grant
dated M~y lq, ?OOl from PnI""Y Ilnifi"rl School District
to the City of Poway, a political corporation and/or governmental agency is hereby accepted by the
undersigned officer or agenton behalfoftheCity 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: S~ptpmhpr '". ?OO, Bq~; (L ~A-
Lori Anne Peoples, City Clerk
'. . 10652
EXHIBIT "A"
Leqal Description
WATER LINE ,EASEMENT
THAT PORTION OF THESOUTHWESTQUARTER OF SEplON31 TOWNSHIP 13 SOUTH
RANGE 1 WEST, SAN BERNARDiNO BAsE AND MERIDIAN, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED NOVEMBER 19; 1880 AS SHOWN ON RECORD OF
SURVEY MAP NO 5637 FILED OCTOBER 27, 1960 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY LYING 10 FEET ON EACH SIDE OF mE FOLLOWING
DESCRIBED CENTERLINE MEASURED AT RIGHT ANGLES THERETO'
PARCEL "A"
BEGINNING AT THE SOUTi"lEAST€ORNER OF LOT "E"OF CITY OF POWAY TRACT 4093-R
ACCOR[)ING TO MAP THEREOF NO 11396 FILED DECEMBER 19, 19851N THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE ALONG THE EASTERLY
PROLONGATION OF THE SOUTf:1L1NE OF SAID LOT "Eo" NORTH 890 40' 59" EAST A
DISTANCE OF 5600 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF
ESPOLA ROAD AS SHOWN ON COUNTY ROAD SURVEY NO 335, THENCE ALONG THE
CENTERLINE OF SAID ESPOLA ROAD SOUTH 010 03' 16" EAST A DISTANCE OF 102081
FEET, THENCE LEAVING SAID CENTERLINE SOUTH 880 56' 44" WEST A DISTANCE OF
5000 FEET TO THE TRUE POINT OF BEGINNING, THENCE FROM SAID TRUE POINT OF
BEGINNING SOUTH 880 56' 44" WEST ADISTANCE OF 2.05 FEET, THENCE NORTH 64057'
05" WEST A DISTANCE OF 377.00 FEET TO A POINT HEREIN DESIGNATED AS POINT "A",
THENCE CONTINUING NORTH 640 57' 05" WEST A DISTANCE OF 11991 FEET,'THENCE
NORTH 010 02' 36" WEST A DISTANCE OF 124 15 FEET, THENCE SOUTH 88057' 24" WEST
A DISTANCE OF 27953 F. TO A POINT HEREIt\J DESIGNAtD AS POINT "B", THENCE
CONTINUING SOUTH 88057' 24" WEST A DISTANCE OF 10.00 FEET TO A POINT OF
TERMINATION. 10653
PARCEL"B"
BEGINNING AT THE AFOREMENTIONED POINT "A", THENCE SOUTH 25002' 55" WEST A
DISTANCE OF 1000 FEET TO n-iE.cTRUEPOINT OF BEGINNING, THENCE CONTINUING
SOUTH 25002' 55" WEST A DIS'fANCE OF 13 00 FEETTOApOINT OF TERMINATION
PARCEL"C"
BEGINNING AT THE AFOREMENTIONED POINT "B"; THENCE SOUTH 010 02' 36" EAST A
DISTANCE,OF 10 00 FEET TOTHE 'TRUE POINT OF BEGINNING, THENCE CONTINUING
SOUTH 01002' 36" EAST A DISTANCE OF'59 07 FEET TO A POiNT OF TERMINATION
.~ #~
THOMAS A. JONES DATE
L.S 6622
I,
EXHIBIT 'B! 10654 -
1020,81' ct SOl,'03'16"E
ESPOLA S88~56' 44"W,50.00'
T.P O.B
ROAD R,S, 335
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1/ / ~ EASEMENT FOR
WATERLINE
SHOWN THUS
EASEMENT FOR WATERLINE POWAY HIGH SCHOOL
Dote. Job Number
08/03/01 BDS D1li1l'1l5151W'1u; INC. 0133
CIVIl:. ENGINEERING
LAND SURVEYING
Scale Drawn 6859 Federal Boulevard Sheet No.
1 60 GJC Lemon CrO'l.le. California. 91945 1 OF 2
(619) 582-4992 .
10655
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V / ~ EASEMENT FOR WATERLINE
SHOWN THUS
EASEMENT' POR WATERLINE POWAY HIGH SCHOOL
~ ate liiJsi~"IHC. <Job Number
.08/03/01 CML ENGINEERING 0133
LAND SURVEYING .
Scale Drown 6859 'Federal, Boulevard Sheel No.
160 G'J.C Lemon:, Grove, California, 91945 2 OF 2
(1f19)5[j2'-4992