Grant of Easement Water Lines & Appurtenances 2008-0412536
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~'.' - .~'>., RECORDING REQUESTEly .
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i CITY OF POWAY
I THE ORIGINAL OF THIS DOCUMENT
AND WHEN RECORDED MAIL TO WAS RECORDED ON AUG 01 2008
I DOCUMENT NUMBER 2008-0412536
I GREGORY J SMITH, COUNTY RECORDER
i CITY CLERK SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY TIME. 11 12 AM
POBOX 789
POWAY CA 92074
No transfer tax due
Tax Parcel No. 278-450-24
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
Bridget M. HSlV'{arq, Tr':l~tee of the Bridget McDermott Howard Trust, dated May 23,
1994, (hereinafter "GRANTOR"), hereby grants to CITY OFPOWAY (hl?reinafter
"GRANTEE"), its successors, or assigns, the following described easement of right-of-
way for public waterline purposes, in, upon, over, under and across the lands as
described below, to erect, construct, reconstruct, replace, repair, maintain, and use a
pipeline or pipelines for waterline purposes, at such locations and elevations, upon,
along, over and under the'following described land 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 beloY', 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 described as follows.
The southerly 30 feet of Parcel 1, Parcel Map 4582, in the City of Poway,
County of San Diego, State of California, filed ih the Office of the County
Recorder of said county on March 26, 1976 in Book of Parcel Maps at
Page 4582,
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Easement Area = 8,269 5 Square Feet -
GRANTOR, its heir, successors and assigns shall not erect or construct or permit to be
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erected or constructed any building, structure or improvement or plant any tree or trees
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.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the
easement. GRANTEE shall obtain written approval from GRANTOR (except during
immediate emergency waterline facility repairs) prior to the trimming, cutting, or clearing
away or removing any trees, brush, or other vegetation within said easement.
Grant of Easement Page 1 of 4
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DI# 2008-0412536
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CITY OF POWAY
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AND WHEN RECORDED MAIL TO AUG 01, 2008 1112 AM I
r-~ OFFICIAL RECORe',
SAI-I ['IEGO COUI'IT', RECOF:['ER", OFFICE
'5P CITY CLERK GF:EGOR'I .1 ';MITH COUHT'I RECOFi[IER
CITY OF POWAY FEES 0.00
POBOX 789 OC. 1'liI
lJF POWAY CA 92074 PAGES: S
OCIO~ No transfer tax due 11111111111111111111111111111111111111111111111111111111111111111111111111111111
ICCl1
GRANT OF EASEMENT
(WATER LINES &: APPURTENANCES)
Bridget M. Howard, Trustee of the Bridget McDermott Howard Trust, dated May 23,
1994, (hereinafter "GRANTOR"), hereby grants to CITY OF POWA Y (hereinafter
"GRANTEE"), its successors, or assigns, the following described easement of right-of-
way for public waterline purposes, in, upon, over, under and across the lands as
described below, to erect, construct, reconstruct, replace, repair, maintain, and use a
pipeline or pipelines for waterline purposes, at such locations and elevations, upon,
along, over and under the following described land 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 eas'ement 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 described as follows
The southerly 30 feet of Parcel 1, Parcel Map 4582, in the City of Poway,
County of San Diego, State of California, filed in the Office of the County
Recorder of said county on March 26, 1976 in Book of Parcel Maps at
Page 4582
Easement Area = 8,269 5 Square Feet
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
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.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the
easement. GRANTEE shall obtain written approval from GRANTOR (except during
immediate emergency waterline facility repairs) prior to the trimming, cutting, or clearing
away or removing any trees, brush, or other vegetation within said easement.
Grant of Easement Page 1 of4
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GRANTOR agrees that no other 'easement or easementssha egranted 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
As compensation to GRANTOR for this Grant of Easement as described herein,
GRANTEE shall pay to GRANTOR the one-time sum of $8,269 50 and perform the
following one-time maintenance on the Easement Property' the removal and
replacement of an existing 30'; CMP drainage culvert pipe located at the seasonal creek
crossing Northcrest Lane and, perform a 2" AC pavement grind and 2" AC replacement
paving on Northcrest Lane, a private road The limits of the 2" AC pavement grind and
2" AC replacement paving work are the entire width of the existing Northcrest Lane
paved road (from inside face of existing berm to inside face of existing berm or, in areas
where no berm exists, the entire width of existing pavement, extending from Espola
Road on the east to 420 feet westerly Pipeline trench is to be capped with 5" thick 2-
sack cement sand slurry mix. All final 2" grind and replacement AC pavement work is to
be completed within 120 days from final City acceptance of the new 16" PVC Northcrest
lane waterline
GRANTEE shall defend, indemnify, and hold GRANTOR and GRANTOR'S successors
and assigns, and any person holding any interest in the Servient Tenement, or any lot
or parcel of the Servient Tenement, and their property, free and harmless from any and
~1I claims, suits, losses, damages, injuries, and liabilities of any kind, and whether for
personal injury or property damage, resulting from, arising out of, or attributable to, in
whole or in part, any construction, reconstruction, replacement, maintenance, repair,
restoration, or other work undertaken by GRANTEE, or its agents, officials, employees,
or contractors, or arising out of or relating to this Grant of Easement or the use by
GRANTEE of the Easement granted hereon
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 easernent in accordance with its terms.
Grant of Easement Page 2 of 4
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INWITN HEREOF, the GRANTOR has executed this Easement this 10 day
of ,2008
Bridget M. Howard, Trustee,
Be;d,e' MoDeemotl How"d nOJ ,
puCtf fU /Pt,Jtt /
Its'
Grant of Easement Page3of4
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
County of S;m nip-go
On q. -IO,O~
Date
personally appeared YI
~ffiDLLv 0.- ~CLvy
who proved to ine on the basis of satisfactory evidence to
be the person(.81 whose name.l5@/are subscribed to the
~ instrument and aCknowle~ me that
she ~ executed the same in Ris e . authorized
capacity(jJjS), and that by ~ signatur~on the
instrument the person(ij'; or the entity upon behalf of
which the persoJl.(.sf aCted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above Signature
OPTIONAL
Though the information below is not required by Jaw, it may prove valuable to persons relving on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache]CUment
Title or Type of Document: . vQ.,ltb Gi-BCl0tme vvt +-
Document Date~ '=t J 10 I 06 Number of Pages:
Signer(s) Other Than Named Above: n A AJYL.Z-.-
Capacity(ies) Claimed by Slgner(s)
Si9ner's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate'Officer - Title(s):
o Partner - 0 Limited 0 Generai RIGHT THUMBPRINT o Partner - 0 Limited 0 General RIGHT THUMBPRINT
o Attorney in Fact .~ -: OF SIGNER o Attorney in Fact . OF. SIGNER
o Trustee Top of Ihumb here o Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: S;gner 's Representing:
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02007 Nationa! Notary Association. 9350 De Solo Ave., P.D.Sox 2402' Chatsworth, CA 91J13.2~02' www.NalionaINotary.org Item #5907 Aeorder:CallTolt-Free 1.800--876-6827
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real.property conveyed by the deed or grant
dated JA \l\ 10 ,'1Wt? from Bridget M. Howard, Trustee of the Bridget
McDermott Howard Trust, 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 11ID/O?; CITY OF POWAY
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By c;:-L )) t:-)~ ; ^
Salam Hasenin, City Clerk
Grant of Easement Page 4 of 4