Grant of Easement Water Lines & Appurtenances 2008-0164748
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RECORDINGREQUESTED BY' MAR 28, 2008 11 17 AM !
Np ClFFICIAL RECClRe'S
CITY OF POWAY 5.6.11 ["EGO CClum., RECClRe'ER'S OFFICE I
oenav GREGClF:'i.1 SMITH coum', REClJRe'ER
AND WHEN RECORDED MAIL TO' FEES 000
OC Np
CITY CLERK /ton PAGES: 8
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CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111 I
POBOX 789
POWAY CA 92074
(This space for Recorder's Use)
Tax Parcel NO,.275-333-10
GRANT OF EASEMENT I
(WATERLINES & APPURTENANCES)
EA 06-09 DOCUMENT ARV TRANSFER TAX $
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POW A Y UNIFIED SCHOOL DISTRICT (hereinafter "GRANTOR") hereby grants. to CITYOF
POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following described
easement for a rightcof-way, in" upon, over, under and across the lands described in Exhibit
"A," and depicted in Exhibit "B/' to erect, construct, reconstruc;t, replace, repair, maintain, and
usea pipeline or pipelines for 'any and all purposes, at such locations and elevations, upon,
along, over and under the right-of-way described in Exhibit "A" as GRANTEE may now or
h.er:.eEifter det.ermine in its sole discretion without any additional cpmpel'lsation therefor;,
togetherwith ;the right of ingress and egress from the easement by a practical route or routes
in, upon, over, or across' the land described below, toge,ther 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 County of San Diego, State of
California, and is more particularly described as follows, to wit:
A PORTION OF THE, SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 2 WEST SAN
BERNARDIJ'!O MERIDI6.N, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO' RECORD OF SURVEY
MAP NO 4253 FILED APRIL 10, 1957 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY
GRANTOR, its heir, successors and assigns shall,qot 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 f1ora'within. said easement without the express written lapproval
of the City of Po way as evidenced by the signature ohhe Director of Development Services
on an approv.ed plan GRANTOR, its .heirs, successors and assigns shall not dig Dr drill any
hole or wells,onany portion of the easement.
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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 ot.her vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation,
GRANTOR agrees that no other e<lsehlent 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
sizeoTexistingpipelines or other:improvements as it may determine in its sole dLscretion from
time.to time wiihoutpaying any additional compensation to GRANTOR or GRANTOR's heirs,
successors, or assigns, provided GRANTEE doe 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 Dr 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 arid 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 11th day of
February 2008 ,X!011'T
POWAY UNIFIED SCHOOL DISTRICT
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By'
hn E. Collins
Its: uty 'Superintendent
By'
Its:
M:\engserv\Easements\EA 06-09.doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
County of ~ AU 7) IE' Gr:J
On f't: 8 II, oZOog before me, '-..\/1,(17),('4 j, C/fRL'/t'J~ AJ/)/A~V ;:J <( tS {,/ i"_,
Date Here Insert Name a Title of the Ollieer
personally appeared Vof/;1J P (!Oit.l,U 5
Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to
be the person(9j' whose name.\s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/theY executed the same in his/t)er/t!:leit authorized
capacity(i%), and that by hls/hftf/their signature($)' on the
instrument the person($!; or the entity upon behalf of
which the person($) acted, executed the instrument.
J, ~ SANDRA l. CARLYON ~ I certify under PENALTY OF PERJURY under the laws
ffi Comm, # 1569116- Ul of the State of California that the foregoing paragraph is
. NOIAllYPIlIUC'CIlfaII&\ true and correct.
SaI _ego cMIi -
~ ~comm. EJpies May 12. 2l1li91
WITNESS my hand and official seal.
Place Notary Seal Above Signature ~ eX &1th1 )
Signature 01 Notary Public
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.
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Description of Attached Document
Title or Type of Document:&RfI,ui 0 F FASE.I0F/\J/ (WillE/!. LI,;;E>. IVIlI"?Wi?iCA/Il,vt!ES)
Document Dale: FEE, II, /) /Jt) g' Number ot Pages: 1 CRAA) -r; a2
Signer(s) Other Than Named Above: I/J()A}E c,r;-!I3I;,I} . :L.-
EX/il13176o 2J
Capacity(ies) Claimed by Signer(s) MItP= I
Signer's Name: ~ /I AJ P -
[(JiLIN!; Signer's Name: 7
o Individual o Individual
o Corporale Officer - Tille(s): o Corporate Officer - Title(s):
o Partner - [) Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact o Attorney in Fact .
o Truslee Top of thumb here o Trustee Top of thumb here
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@2OQ7National Notary Association' 9350 De Solo Ave., P.O. Box 2402 'Chatsworth, CA 91313-2402' www.NalionaINotary,org Ilem #5007 Reorder: Call Toll-Free 1-800-876-6827
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. EXHIBIT 'A' .
LEGAL D~=SCRIPTlON
AN EASEMENT FOR A WATERLINE AND APPURTENANCES THERETO OVER,
UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 13
SOUTH, RANGE 2 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
RECORD OF SURVEY MAP NO 4253 FILED APRlL 10, 1957 IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRlP OF LAND,
2000 FEET WIDE, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF LOT 210, GREEN VALLEY
ESTATES, MAP NO 4586 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY JULY 13, 1960; THENCE ALONG THE SOUTHERLY
PROLONGATION OF EASTERLY LINE OF MARTINCOIT ROAD AS SHOWN ON
SAID RECORD OF SURVEY MAP NO 4253, SOUTH 00005'45" EAST A
DISTANCE OF 422,17 FEET TO THE TRUE POINT OF BEGINNING, THENCE
LEAVING THE EASTERLY LINE OF SAID MARTINCOIT ROAD SOUTH
88014'54" EAST A DISTANCE OF 0,83 FEET TO AN ANGLE POINT, THENCE
SOUTH 31059'54" EAST A DISTANCE OF 14.33 FEET TO AN ANGLE POINT,
THENCE SOUTH 09029'54" EAST A DISTANCE OF 12,00 FEET TO AN ANGLE
POINT, THENCE SOUTH 20044'54" EAST A DISTANCE OF 36,67 FEET TO AN
ANGLE POINT, THENCE SOUTH 76059'54" EAST A DISTANCE OF 50,82 FEET
TO AN ANGLE POINT, THENCE NORTH 90000'00" EAST A DISTANCE OF 10044
L:\PRUJECTSI0539'v\d'1);I1\l.cgal<;\LEjAL DESCRIHION REV 11-14-m.doc
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FEET TO AN ANGLE POINT, THENCE NORTH 38017'52" EAST A DISTANCE OF
156,88 FEET TO AN ANGLE POINT, THENCE NORTH 51042'08" WEST A
DISTANCE OF 15,50 FEET TO AN ANGLE POINT, THENCE NORTH 38017'52"
EAST A DISTANCE OF 2000 FEET TO AN ANGLE POINT, THENCE SOUTH
51042'08" EAST A DISTANCE OF 15,50 FEET TO AN ANGLE POINT, THENCE
NORTH 38017'52" EAST A DISTANCE OF 500 FEET TO AN ANGLE POINT,
THENCE SOUTH 5\ 042'08" EAST A DISTANCE OF 2000 FEET TO AN ANGLE
POINT, THENCE SOUTH 38017'52" WEST A DISTANCE OF 191.57 FEET TO AN
ANGLE POINT, THENCE NORTH 90000'00" WEST A DISTANCE OF 112.41 FEET
TO AN ANGLE POINT, THENCE NORTH 76059'54" WEST A DISTANCE OF 6378
FEET TO AN ANGLE POINT, THENCE NORTH 20044'54" WEST A DISTANCE OF
2368 FEET TO A POINT ON THE EASTERLY LINE OF SAID MARTINCOIT
ROAD; THENCE ALONG THE EASTERLY LINE OF SAID MART1NCOIT ROAD,
NORTH 00005'45" WEST A DISTANCE OF 53,25 FEET TO THE TRUE POINT OF
BEGINNING.
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SAID PARCELS CONTAIN 8,241 10 SQ,FT
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1;\PROJECTS\05J9\AdminILcgal5\lEGAL DESCRIPTIOr-; REV Ii 14-07.doc
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EXHIBIT '8'
P.O.C. 2-]0 209 I 2013 I
SW COR. GREEN V ALLEY EST A TES
LOT 210 , , ,
UNJT NO. 1-] JyJAP NO. 4586
3/4" IRON PIPE POR. sW 1/4 NE 1/4
MKD. "LS 2894" SECTJON 25
PER MAP NO. 4586 -r 10 S, R:: W saM
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46 '134' ~ H. OF S. 4250 I
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() EASEMENT FOR WATERLINE
Z SHOWN THUS 8,241.10 SQ. FT'
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~ POINT OF COMMENCEMENT
:E TRUE POINT OF BEGINNING
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GREEN V ALLEY EST A TES
MAP NO. 0455
EASEMENT FOR WATERUNE PAINTED ROCK ELEMENTARY SCHOOL
Dote BDS KNGINBBRING. INC.
11/13/07 CML ENGINEERING
LAND SURVEYING
Scale Drawn 6859 Federal Bomevard Sheet No.
1"=100' RA Lemon Grove. Ca.lifornia. 91945 1 OF 2
(619) 582-4992
DWG. FILE; l..:\PROJECTS\0539\Engr\EA5EMEN1\EXHISIT.dwq
EXHIBIT 'B'
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SW 1/4 m: 1/4 55 r 42'08"E
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0 SCALE 1-=50' SECTJON 25 N38'l7'52"E
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EASEMENT FORWATERUNE P~NTED ROCK ELEMENTARY SCHOOL
Dote
11/13/07 DDS IIfGDlBBRlKG, INC.
CML ENGINEERING
LAND SURVEYING
Scale Drawn 6859 Federal Boule1Jard Sheet No.
1 "=50' R.A. Lemon Grove, California 91945 2 OF 2
(619) 582-,4992
OWG. Fllf: L:\PROJECTS\05J9\Engr\EASE~ENT\EXHIBrr.dwg
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated FEBRUARY 11, 2008 , 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 March 5 , 2008 CITY OF POWAY
Seal' By:
, Diane Shea, City Clerk