Grant of Easement Water Line & Appurtenances 2001-0410323
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RECORDING RE9UEStD BY
CITY OF POWA Y
.5066 DOC' 2001-0410323 .'
Jun 19. 2001 9:16 AM
OFFICIAl REClJRDS
SAN DIEGO. rooov RECORDER'S OFFICE
GliffiORV J. SMITH. muNTV RIDlRDER
FEES: 0.00
DC: NA
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AND WHEN RECORDED MAIL TO'
t(0
e CITY CLERK
CITY OF POWAY
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tJr PO BOX 789
O~~ POWAY CA 92074
I C;rJ No transfer tax due
Tax Parcel No 323-060-01
(This . 1/" /I III UJJ1U I/U IIllr
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-411
POWAY CONGREGATION OF JEHOVAH'S WITNESSES, INC" (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its
successors, or assigns, the following described easemeDt for a right-of-way, in, upon,
over, under and across the iands described in Exhibit "A," and depicted in Exhibit "B,"'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 transmission and communication purposes, at such
locations and elevations, upon, along, over and under the right-of-way described in
Exhibit "A" 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
below, together with the right to use this easement, for access to GRANTEE'srights-of-
way situated in adjacent lands, without any additional compensation therefor
The land encompassing this easement is situated in the;C6unty of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
THE WESTERLY 260 FEET OF THE NORTHERLY 660 FEET OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT .SURVEY
APPROVED JANUARY 18, 1883, EXCEPTING THEREFROM THE
NORTHERLY 164 FEET OF THE EASTERLY 164 FEET OF SAID
PROPERTY
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
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 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
ISOtf-1 9
OH09
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5067
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GRANTEE m<w u~.e;~U gates .andfences, which,. flow or la:ter, cross any portion of the
easeniemt. GRANTEE silall also be entitle totrim,cLit; or clear' aliJE!Yor remove any
trees; brl;Jsh, or otiler vegetation or flora from time to time as GRANTEE determines in
its sole discretion withciutany addition compensation.
GRANTOR agrees thatno other easement 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 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 Gf':ANTEE 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 or permit to
be increase 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 warrant~ and represents that GRANTOR has the power to grant
this easement in accordance with its terms.
IN WIT~SS WHEREOF, the GRANTOR has executed this Easement this
of ~~ ,20~ ~.fl.:J}/
X Y~d- j/'~L--( _
Ted. L, Vance
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0, CONGREGATION OF J~H'S
WIT ESSES, INC
Gary W, McCulloch
",Jiv
o day
(Signatures must be notarized.
Notary form attached.)
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ALL-PURPOSE' ACKNOWLEDGMENT
50:68
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. State of Californ~a f) } ss .
t County of 6ClV\. tn Plt0' t
i On 3S UJ1e, ~ I JJ)O C before me, MillkI . i
. (DATE) ':"'--A ^/ I .\) j I' I A .
, personally appeared JJ~l1LJ/. ILV'IrifJ/ !1Vl{)... tJl 06~L.. ,
, SIGNeR(S)
i 0 personally known to me - OR- ~roved to me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) ·
t is~ubscribed to the within instrument and t
,. ae~ledged to me that helshd ey xec. uted "
t " MARIA T. 'RAMIREZ .~ the same in his/her ei thorized
. ~ Comm.# 124500~ 1)1 eapacity(ies), and that his/he,rfffiC}lr'
t Ui &. NOTA~:n~;:~,~;~~~RN\A: signature(s) cn the instrument the pe~). ,
" }_ ~, t.llc.mm:E'9il~S oec.1,200) J or the entity upon behalf of which the .
1 person(s) acted, executed the instrument. t
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i WITNESS :: hand and official s:al. i
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. OPTIONAL INFORMATION
t TIle information below is not required by law However, it could prevent fraudulent attachment of this acknowl- i
A edgment to an unauthorized document. i
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 9
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, 0 INDtVIDUAL 6
, D CORPORATE OFFICER '
i TITLE OR TYPE OF DOCUMENT "
, TITLE{S)
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, D PARTNER(S) ,
, D AITORNEY,IN-FACT NUMIlER Of' PAGES
i D TRUSTEE(S) i
. D GUARDIAN/CONSERVATOR DATE Of' DOCUMENT ·
, D OTHER: t
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i RIGHT THUMBPRINT .~<: "
, SIGNER IS REPRESENTING -
t NAME OP PERSON(S) OR ENTITY(IE!S) E t
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L._._.,-,.-.-.-.-.-.-.-.-. 4_'_'~'_'_'_'.-f
APA 5/97
VALLEY,SIERRA. 800.362 3369
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.5069 ",' '.
EXHffiIT "A"
LEGAL DESCRIP:rION
WATERLINE EASEMENT'
WE 801-01-411
That portion of Section IS, Township 14 South, Range 1 West, San Bernardino Base and
Meridian, according to United States Government Survey approved January IS, ISS3
Being more particularly described as follows:
Commencing at the Northwest corner of the Southeast % of said Section IS; thence
along the North line of sa.id Southeast '/4 of Section IS, is S9?04'36" E 33 00 feetJo the
True Point of Beginning; thence'continuing along the North line of said Southeast v.. of
Section IS, S S9004'36~"E,20,00 feet; thence parallel to:and at a, distance of 53 .00 ftl.et
therefrom the West line of said 'Southeast v.. of Section IS" S 00?24'31" W 330 15 feet;
thence parallel to and at a distaiicedf 330 IS feet therefrom the North line of said
Southeast v.. of Section IS, NS9004'36" W 3000 feet; thenceparalle1 to and at a
distance of 2300" therefrom the West line of sail! Southeast Y. of SectiQn: IS, 1\l'
00024 '31" E 20 OO'feet; thence,paralle1 to and at 'a distaiice,of 310 IS feet therefrom the
North line of said Southeasf'/.i of Section IS, SS9004'36" E 10,00 feet; thenceparallelto
and at a distance of33 OOfeeUherefrom the West line ofsai<I Southeast v.. of Section IS,
N 00024'31" E 241 76'feet; thence parallel to and ata distanceof6S.64 feet therefrom
the North line of, said Southeast Y. of Section IS, N S9004'39" W 10 00 feet; thence
parallel to and ala dis,tanceof23,00 feet therefrom the Wl?st line of said Southeast ,v.. of
Section IS, NOOOZ4'31" E2000 feet; thence parallel to ,and aLa distance of 4S.39 feet
therefrom the North line of said Southeast v.. of Section IS,S 89004'36" E 10 00 feet;
thence paralleLto and at a distance of33 00 feet therefrom,the West line of said Southeast
v.. of Section IS, NOo024'31"E 4S.39 feet to the True Point olfBeginning.
END DESCRIPTION
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EASEMENT FOR WATERLINE
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated June 8, 2001 from poway Congregation of Jehovah's
Witnesses, Inc., 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
June 18. 2001
CITY OF POWAY
Seal'
By'
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N :Icitylsharelcerlificate of acceptance-city doc