Grant of Easement Water Lines & Appurtenances 2002-0660922
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'.. ". REGORDiNG REOUE . ED.BY: 2002~066o.922
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CITY OF F20WAY ) AUG 06, ,2002 9:04 AM
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6ND'WHENJ~ECORDED MAJ~ T<}' ) OFFICIAL RElmlS
) SAiuItGO COUNTY RECORDER'S OFFICE
CITY CLE'RK ) rMGORVJ. SMITH. COlJNT'{ RECORDER
CiTY OF POWAY ) FEES: ' 0.00
~I P 0 BOX'~89 ) DC: N11
POWAY CA 92074 ) . ,~ 1111111111111111111111111111
)
dCNA No !ran,sfer ,lax c!li€ ) (l:'hIS 2002,0660922
Tax,Parcel No. 317-520-42 NO DOCUMENT TRANSFER TAX NO FEE
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I~ GRANT OF EASEMENT
(WATERLlfJEs & APPURJEI\fANCES)
EA 02~05
/'
Dattaram A Walavlkar and Gloria 0 Walavalkar, husband and wife, as joint tenants,
(hereinafter':GRANJOR") hereby grants to CITY GF'POWAY(hereinafter "GRANJEE"),
its successors, orassigns~,the f6110""ing describec!easem~Nfor a right~of-way,in, upon,
o~er, uhc:Jl?r and across the land}; described in ExhiBit "A,".anddepicted in Exhibit "8," 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 tra[lsmission and ,communication purposes, at such
locations and .e1~vE!tions,lipoh, alo(19, overan'ctun'c!~r theright-of-,^"ay d~scribed in
ExliibiP'A" as GRANTEE may now or hereafter determine in its. sole discretion withoUt
, ., . .' - - .~. - .. - . ~ ,-'_'. .. no," . <
any additional compensation therefore, together with the, right of ingress and. egress
from the easement bya practical route or routes in, upon: over, or across the land
described below; together with the;right'to use this,easement;Jor access to GRANTEE's
rights-of-way situated in adjacent lands, without any additional, compensation therefore.
The iand encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described as follows, to'wit:
ALL THAT PORTION OF'THE' NORTH HALF OF THE NORTHWEST QUARTER OF
TI;1E SOUTHWEST QU~RTER OF SECTION ,14, TOWf\JSHIP ,14 SOLJ,TH, RANGE 2
WEST, SAN BERNARDINOMERIQIAN, IN'THE, CITYOF POWAY,COUNTY OF SAN
DIEGO, STATE OF'C~L1FORNIA, SAID PORTION LY:ING,'WITHINLAND DESCRIBED
AS PARCEL.2 II\J,.GRANT DEED RECORDED MARCI;l 19,1999 AS DOCUMENT NO,
1999-0177039 OF OFFiCiAL RECORDS IN THE 'OFFicE OF THE COUNTY
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RECORDER OF SAN'DIEGOCOUNTY
GRANTOR, its heir, successors and assigns shall riot erect of constructor perfnitto be
erected or constructed any. building, structureiorimprovement or plant any tree or trees
or plantany other. .vegetation or flora' within said easement without the express written
approval of the, City of Roway as evidenced by the signature of the Director of
Development :S,ervices on an approved plan. GMNTOR, its heirs, successors and
assign.s shall hot dig ordfill any hole or wells on any portion of,the easement.
15O'j-I'l 0;2. -100
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,.... 005828
GRANTEE' may use all gates and fences which, now o~ .IaJer, cross any portion of the
easemer:it. GRANTEE. shall also be entitled to trim" cuti or clear away or remove, any
trees.. brush; orotherwegetalion orJlora fromtil1Je t9 time as GRANTEE detenminesin
its,solediscretion'without any additional compen,sa,lion.
G8At':JTO,RiagreefPlhat no other"easement or easements shall be granted on, under. or
over'this easement withoutobtaining'theprior written consent of GRANTEE.
GRANTEE may at any time increase its use of t~eeasel11ent, change thEllocat!on of
pipelines or other facilitie~ wittii,nthe, boundaries ofthe,easement right-of"way,or modify
the size of existing pipelines 9rother improvements' as it may determine ,in its sole
discretiol)fro'q1 tim'e 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 easementbeyond'the'easement boundaries'described above.
It is also understood and agreed by the parti!;ls that the GRANTOR and the
GRANTOR\Sh,eirs, su~cessoLs, or assigns, shall not increase or decrease or permit to
be lri,creased or decreased the 'existing ground elevations ,of the .above described
ea~ement which exists at the time this document is executed without obtaining the prior
written consent otthe'GRANTEE.
In the event of any dispute involving this Agreerner')t; Whether or .not litigation is
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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 allattorney}sfees and the costs oftheproceedingi 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 ,accordancewith its terms.
. 51-
IN WITNESS WHEREOF"the GRANTOR has executed this Easement this ~ day
of _f\ '^ (fS \- , 2002.
~JIa~_J.lN~WJJ(L-.
DATTARAM A.V:./ALAVALKAR
~~~ ~\):J~~6l\ )
GLORIA 0 WALAVALKAR
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CALIFORNIA AlL.pUR.~OSE ~CKNOWB.:EDGMENT No. 5907
State of Ca\!~c;-C\\Q..
. €ol!ntY'Qf ~t>\~O S ~~~C~:;'TL~~ ~F~~ ~~~:~E~~:~U~~~ II c.,
.Gln ~J~iI.st \ ,2002. before'me,
DATE
personally appeared 1.)a.;\taC"d./Y'I {i.. AA.:l ~\or'jli.. O,u)(tlaVa.ltqr
NAME(S) OF SIGNER(S)
o personally known to me -OR --0 proved to me on the basis of satisfactory evidence
to be the persor@ whose nam@) is~
subscribed to the within instrument and ac-
1- - ~' - ;H;~e~.w~C~ knowledged tome that Z~ executed
the same ,int:H3,'her ' autho~
. comniiB8ionIJ122;1093 ,%
i' Nola,yPUbIlC - CaI\fomI8 ! capacit~,and that by hi-sftrer h .
! ,San! DiegO Coun1y . ~ signatur' on the instrument the perso~,
My Comm. E>pires J..in~; 2003
--'='------~-- or the e.ntity upon behalf of which the
personm acted, executed the instrument.
WITNESS my hand and official seal.
~,~
;SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by laW, it may prove valuable toper.ons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TiTLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S) o LIMiTED
o GENERAL
o ATTORNEY-iN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(Sl OR ENTITY(IES)
SIGNER(SI OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
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(;05830
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
EA'02-05
ALL THAT PORTION OF THE .NORTH HALF OF THE N0RTI'IWEST QUARTER OF THE
SOUTHWEST QUARTER ,OF SECTION 14, TOWNSHIP i4S0UT'H, ,RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF' SAN DIEGO, STATE OF
CALIFORNIA, SAID PORTION LYING WITHIN LAND DESCRIBED AS PARCEL 2 IN GRANT
DEED RECORDED MARCH 19, 1999 AS DOCUMENT NO 1999-0177039 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE NORTHERLY L1Ns. OF~AID P,ARCEL 2 DISTANT
THEREON NORTH 88'03'57" WEST 22,94 FEET FROM THE NORTHEAST CORNER
TI'IREREOF, THENCE ALONGiSAID NORTHERLY LINE NORTH~88'03'57"WEST 22:00 FEET,
THENCE LEAVING SAID NORT'HERL Y LINE, SOUTH 0047'08" WEST 40,00 FEET, THENCE
SOUTH 20000'36" EAST 4543.:FEET; THENCE NORTH 85'28'42'" EAST 11 00 FEET TO THE
WESTERLY LINE OF THAT PORTION OF SAID PARCEL 2,AS DESCRIBED IN GRANT OF
EASEMENT TO THE CITY OF .POWAY REC0RDED MARCH' 7, 2000 AS DOCUMENT NO
2000,0113230.0F OFFICIAL RECORDS, THENCE ALONG SAID WESTERLY LINE NORTH
4031'18" WEST 55.00 FEET, THENCE NORTH 0'47'08" EAST 26.25 FEET TO THE POINT'OF
BEGINNING
CONTAINS 0 037 ACRES
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
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RAMON, SPEARLS# 6404
EXPIRATION DATE, 12-31,02
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"SCALE 1" = 40', ' EXHIBIT "B" I PAGE 1 OF 1
'I L1 SO'47!08"W 26.25' '.
, L2 "S88~b3'~7"E' 22:94"; " LE ON A LA, N E
[3 SO;47!08"W 11.05' g '" ,.. , . ,
. '1::4 N8S10'01"W 9:00' (DEW{t~~AS TENTH S,T.
-N- L5 N20~00'36"W 45.43! -(t ,P NO. 526)
J L6 S85'28'42"W 11.00'
L7 S88'03'57"E 22,00' 0 P.O.B.
· L8 SO'47'08"W 40.00' I") s8g;~-5iy7"E r--.....
0@@ 0 'I L7.:,.: \. L2./\ I
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N'L Y LINE OF ,-...Q1.r-\1\-
NW 1j{ SW 1/4 0.037 AC.~ n 0
PER .R.O,S, 12b10 ~,-O\ E <(
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1999 - OJ77039 O,A. R 0 ~l \}Ll w I
v 1'- co'io 0
EASEMENTS b t:;, \~!? .
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o EASEMENT, FOR ROAD AND UTILITIES 1 5:: \ ~ ~ <(
REC. 12/1/1956, BOOK 7374, PAGE en \ a::
~3QR en W
@ SDG&E EASEMENT FOR PUBLIC UTILITIES Q2 \ ~
REC. 4/22/1960 AS FILE NO. 83965 O.R. 0
@ SDG&E EASEMENT FOR PUBLIC UTILITIES 0.356 AC. GROSS \ 35' a..
REC. 10/29/1981 AS FILE NO. 81-343033 \
O.R. (NOT PLOTTABLE) )
@ EASEMENT TO CITY OF POWAY FOR I I
PUBLIC UTILITIES REC. 8/18/1986 AS ", ~ L4
FILE NO. 86-354429 O,R. "- S88'1 0~b1 "E' 83.01' .../
@ EASEMENT TO. CITY OF POWA Y .FOR
, ROADWAY REC, 3/7/2060 AS DOC. PCL J
NO, 2000-0113230 O;R, _ ' 'J 81
CD WATERLINE EASEMENT 'DEScf~IBED HEREON. J999 .OJ770-,9 O,A. I
WATERLINE EASEMENT PLAT EA 02-05
SCALE 1" = 40'SPEAR & ASSOCIATES. ,INC. ' ~,.xJB~' 01:-197
2/26/02 CIVIL ENGINEERING, AND, lAND ',SUR,VE YING ,
DATE '750 N, CTmACAOO PKWY" STE, 2. ESClNlIOO. CA 92029 OWG~. 01-197WL
bAN. TEP CK. .RJS . (760) 737-7272 FAX (760) ,737c7274 .
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005832
CERTIFICA TEOF ACCEPTANCE
This is; to certify that the interest in real property conveyed by the,deed or grant
dated. August 1, 2002 from D~tt<'lram A. VJalavalkar and Gloria 0
Walavalka~, husband and wife; as joint tenants, to the City of Po way, Gr,antee, 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: August 2, 2002 CITY OF POWAY
By,'
Lori nrie Peoples, City CI rk
N:\city~_~are\cert.ificate 9f"acceptance-city.doc