Grant of Easement (Public Utilities) 2002-1149299
. _r. . Dodl# 2002-1149299
895'7
" RECORDING REQUESifED BY
,
CI.TY OF POWAY DEe 17. 2002 8:5.5 AM
AND WHENRECORDEb MAIL TO' OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GRffillRY J. . SHITH; COUNTYRECooER
CITY CLERK FEES: 0.00
CITY 0F POWAY IE: NA
PO BOX 789 r ,
POWAY, CA 92074 , 1111111111111111111111111111111111111111111111111111111111111111111111
f
lip No transfer tax due ~ . 2002-1,149299.t. :1' m' :ii: .;
(This space:for Recorder's Use)
'~f APN.314-370-36 NOD0CUMENT TRANSFER TAX NO FEE
~ GRANT OF EASEMENT
~ (PUBLIC UTILITIES)
JY
By virtue of that certain rigbt vested. ih that Agreement,maq~ as.ofAugust23, 2002, by and
b,etween Rancho Presbyterian Church;;:! California religious. t;:orporation, Ner Tamid North
County Conservative Synagogue; a'California religiouscorporation, and The Roman Catholic
Bishop'of San Diego, a California corporation and recorded in-the 0ffice of the.San Diego
County Recorder on September 1,h,2002, Document;No 2002;.0774687 of Official Records,
NERTAMID NORTH COUNTY'CONSERVATIVE SYNAGOGUE, a California reliqious
corporation (hereinafter "~GRANTPW');.herel:Jy'granJ$ to CITY OF>ROWAY..(hereinafter
"GRANTEE"); its successors, or assigns: the following described public utilities easement for
water line, sewer line and pedestrian;accesspurposes in, upon, over, under and across the
.Iands described in Exhibit "A" and depicted in Exhibit "B"
The land encompassing this easement is situated in the City of Po way, County of San Diego,
State:ofCalifornia, and is more particularly described as follows, to wit:
PARCEL 1 OF PARCEL MAPN043351N THE CITYOFPOWAY, COUNTY OFSAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO CQUNTY, DECEMBER 26, 1975.
Said easementin the,aforesaid land isparticularly described as follows:
(SEEATTACE1ED EXHIBIT "A" MADE A PART HEREOF)
G~ANTOR, 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 flora within said easement without the express written approval
of the City of Poway,as evidenced by the signature of the City Engineer on an approved plan.
o . '..'
GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on.any
portion of the easement.
GRANTEE may'useall gates and fences which, now,or later, cross any portion of the
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,
/561./-lf a;;H'I;)..
'.' .. .... ,e ., 8958.
e~sement. . GRIXNTEE.:shall also be, entitled to trim, cut, or clear away. or remove any trees,
brush,. or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation,
GRANTOR agrees tt'laVno other easement or easemehts'shall be granted on, under, or over
this easemenliivitlioIitthe prior written consent of GRANTEE.
GRANTEE; may at'anytime increase its use of the easement, change the location of pipelines
or other facilitieswithinthe boundaries of the easementtight-of.'way, or modify the size of
existing'pipelines or other improvements as it maydetermine.in its sole discretion frorn tirne to
time without paying any additional compensation to GRANI0Ror GRANTOR:S heirs,
successors,or assigns, provided GRANTEE does not expand its use of the easement beyolld.
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, shalf not'increaseor decreaseor'permitto be increased or
decreased the.existing ground elevations of the above described easement which exists aHhe
time this document is executed.without obtaining the prior written consent of the GRhNTEE.
Iri'the event of any dispute.,involving this Agreement, whether or not litigation is commel'lced,
or if-.any .arbitratlon proceeding, administrative proceeding or litigation in law or in equity,
incIOdin9'ari:acfibn for declaratory relief, is brought to enforce or interpretthe provisions or
performahceofthis easement, the.prevailing party shalLbe,entitled to an award of all
cjt!orney's .fees and the costs of the proceeding, which shall be determined by the court or the
presiding officer having authority to make this deterrnination.
GRANTOR expr~ssly warrants Elnd represents that GRANTOR has the power to grant this
easement in accordance with its terms.
~NES~f;lEREOF, the GRANTOR hasexecutedthiseasemellt this +t"" day of
. ~^^^. h , 2002.
NER TAMID NORTH COUNTY
CONSERVATIVE SYNAGOGUE,
A California religious corporation
By :~:;~J " @ '" ~;~:;,r
'1'~=; CD "" -,< '\ D~ ~([)<<e,,~C,,~,;\(C'~ -,(IO:R \\I,~ib
By'
(Signatures must be notarized, Notary form attached)
. 8959.
CAliFORNiA A.LL.PURPOSE ACKNOWLEDc;.MENT
~'<: . - -- -.- - - - - ~-Qf15li:..-<;;5;,.Q(':e<'.<x.lX'~..c<'~.<X:'ve<:'..G<-d.c<'..c<'<.CO,c('-c<:'..c<:'.c<'.c<'.c<--C<',c.('.c<',Q..'Y.:
': State of California } ~
~ &D L)' SSe '
, County 01' Ie 6 c)
: On 'Uoc..embet- 4,c;ro~before me, Bheme ~.l.Gocrl!ll . AJl>1Q.c'Io {)......b(tC,
Date Name and Title of Officer (e 9 'Jane Doe Notary bile)
_ personally appeared "J:s.ra e \ Ge~o(\ ~S-la ~ fl
. Namels)ofSlgner(s}
, '
. I D personally known to me
,/ ~proved to me on the basis of satisfactory
, ~ - - - - ;H;RiiEb:W~- ~ evidence
, _-.' CommluiC;ii"l,~" _ ilO to be the personlt,) whose name\t )~'" r,e
~. Notary Public' California ~ ' ., .
5;, . SanDIeg, "County ( subscribed to the Within Instrument ~,nd
i . MyComrn. Expires ~oUn30, 2003 acknowledged to me that ~/sm.tthey executed
___ _ _ _ _ ~' _ - - - - - the same in Js:i5/LGI,'tl9cir authorized
capacity(ies), and that by fil!;/l1erIttmir
signature~) on the instrument the person(.>f, or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
\.. JJrO.JAI# ~
Place Notary Seal Above T Signature of Notary PubliC
OPTIONAL
Though the information below is notrequired by law, it may prove valuableJo persons relying on the document
and could prevent fraudulent removal and reattachment of this. form to another document.
, Description of Attache~curroent (J - . - . " p~ LfiIfl i1
, Title or Type 01 Document: llItJ- ~ ~, (j)..:J
Document Date: ~ r O-'Y~JJ.U... t.t. 6lD~ Number olpages _ b
,
Signer(s) Other Than Named Above: I
Capacity(ies) Claimed by Signer
Signer s Name:
I :0 Individual, Top 01 thumb'here; .1'
, 0 Corporate Officer,- Title(s):,
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
: Signer Is Representing~e( T~Q, ~ F~ ", ,~
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@1999NationaINotaryAssoclation'ii/350DeSo!oAve"P.o, BDX 2402. Chatswonh, CA 91313 2402' www.nationalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1-800-876.6827
,.. . .
8960
EXHIBIT "A'
'THAT P,QRTI8NOF PARCEL I OF PARCEL MAP N0.4335, IN THKCITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN'DIEGO,DECEMBER 26, 1975,
DESCRIBED AS FOLLOWS
BEGtNNIN'GAT TlIEcS00ntWEST CORNER GF SAID PARCEL I, THENCE
ALONG THE SOUTHERLY LINE OF SAID P ARCEU , SOUTH 880 12,' 13" EAST
(RECORD SQUTH 88013 '24;' EAST), 260.00 FEET/THENCE LEAViNG THE
S OUTHERLY LINE OF SAID PARCEL 1, NORTH 67015'21" WEST, 279;67'FEET
TO A POINT GN THE WESTERlY LINE OF SAID PARCEL I, THENCE ALONG
THE WESTERLY LINEOFSAlD. PARCEL 1, SOUTH' I 006'25" WEST (RECORD
SOUTH 1'"02'39" WEST), 100,00 FEET TO THEPOINT OF BEGINNING,
PREPARED BY
,4,;d.:-q'.A-t /!-/C1-pz-
'WII3LIAM YEN RCE 3373'0
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8961
EXHIBIT '8'
PARCEL -J 0
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PM 433t5 w
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PUBLIC UTILITIES EASEMENT en
-- FOR WATERLINE, SEWER LINE
"
_____I - AND PEDESTRIAN ACCESS ~
}'-'I PURPOSES
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"- N88'12'13"W (N88'13'24"W) 26000'
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P.O.B.
PARCEL 2
PM 433-5
NOTE: ( ) REPRESENTS RECORD DATA PER PM 4335
WOO106
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8962
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CERTIFICATE, OF ACCEPTANCE
This'.isto certify thatthe interest in real property conveyed by the deed or grantdated December
4; 2002 from NER TAMID NORTH COUNTY CONSERVATIVE SYNAGOGUE, a California
reliqiouscorporation to the City of Poway, 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,dulyauthorizea officer
Dated: December 12, 2DD2 BY'~~ O~ HhfPJ0
- . . .
-- Lori-AnneiPeoples, City Clerk