Grant of Water Easement 2000-0230338, ,
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DOC , 2000-0230338
RECORDING REQUESTED BY:
May 04, 2000 8:13
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CITY CLERK
CITY OF POWA Y
P,O, BOX 789
POWAY, CA 92074
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OFFICIAl RECORDS
SAN DIEGO COONTV RE[XJRJ)ER'S OFFICE
l*:GOO J. SMITH, ClOOV RECORDER
FEES: 0,00
DC: NA
CITY OF POWA Y
WHEN RECORDED RETURN TO:
(For Recorder's Use Only)
Tax Parcel No, 321-030-48
GRANT OF WATER EASEMENT
Deane C, Hart and Mildred E, Hart, as Trustees of the Hart Family Trust initially created
13th day of October. 1993 (hereinafter "GRANTOR") hereby grants to CITY OF
POWAY, (hereinafter "GRANTEE"), its successors, or assigns, the following described
easement for a right-of-way 10 feet in width, in, upon, over, under and across the lands
described below, 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 below 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'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:
That portion of Lots 1 and 2, Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, State
of California, according to Official Plat thereof.
Said easement of right-of-way in the aforesaid lands is particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by this reference,
C\OA T AIINPFILES\EASEMENT\EASEWTRHRT
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GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to
be erected or constructed, any building, or structure on, over or under any portion of the
easement
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion
of this easement with any other public agency or utility including, but not limited to, any
agency supplying water services to the public as GRANTEE may determine in its sole
discretion without paying any additional compensation to GRANTOR or GRANTOR's
heirs, successors, or assigns, therefor.
GRANTOR agrees that no 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 GRANTEE does not expand its
use of the easement beyond the easement boundaries described above,
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 easement in accordance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this / 3~y of
~:.t~ ,2000
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Deane C, Hart
?1Aj~A~G,~
Mildred E, Hart
(Signatures must be notarized)
C:\DATAI'NPFILES\EASEMENT\EASEWTR HRT
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personally appeared l2 P<:j "J.p C~,
before me, h
h Name and TiUe 01 Officer (e "' "Jane Doe. Notary P
and ..I~J E, 4a\-+
Name(s) 01 Signer(s)
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_ _ _ _My:a.:m.:~~2~~t
o personally known to me
%proved to me on the basis of satisfactory evidence
to be the persofi(Shwhose narr@~ubscribed to the
within instrume;;r:nd aCknO;d9~ to me that he/sh~
executed the same in his/he their uthorized capacit~
and that by his/h~signatur~n the instrument the
perso~r the entity upon behalf of which the perso@
acted, executed the instrument
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WITNESS my hand and official seal.
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Signature of Notary P lC
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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:
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,
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
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o Individual
o Corporate Officer
Title(s):
o Partner - 0 limited 0 General
o Altorney,in-Fact
o Trustee
o Guardian or Conservator
o Other: Top at thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top 01 thumb here
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Signer Is Representing:
Signer Is Representing:
01996 Nahonal Notary Associatron' 8236 Remmel AvO!. PO Bot 7184' Canoq" Park, CA 9l:)Q9.7HI4
Prod No 5907
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Reorder Call TOII.Free H300.876.6827
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EXHIBIT "A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 321-030-48
VESTING: DEANNE C, HART AND MILDRED E. HART
TRUSTEES OF THE HART FAMILY TRUST
OF OCTOBER 13, 1993
THAT PORTION OF LOT 1 IN SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA. SAID PORTION LYING WITHIN LAND
DESCRIBED IN A QUITCLAIM DEED RECORDED NOVEMBER 03,1993 AS
DOCUMENT NO, 1993-0738883 OF OFFICIAL RECORDS IN THE RECORDER'S
OFFICE OF SAID COUNTY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET IN WIDTH THE NORTHERLY LINE OF SAID STRIP
IS PARALLEL TO AND 10 FEET NORTHERLY OF THE NORTHERLY LINE OF A 20
FOOT EASEMENT DESCRIBED AS PARCEL "B" IN A PIPELINE EASEMENT DEED
RECORDED OCTOBER 19, 1956 AS DOCUMENT NO. 148136 IN BOOK 6307,
PAGE 75 OF OFFICIAL RECORDS OF SAID COUNTY. THE SOUTHERLY LINE OF
SAID STRIP BEING PARALLEL AND COINCIDENT WITH THE NORTHERLY LINE
OF SAID PARCEL "B",
THE SIDE LINES OF SAID 10 FOOT STRIP SHALL TERMINATE IN THE
WESTERLY AND EASTERLY LINES OF LAND PER SAID DOCUMENT NO. 1993-
0738883 OF OFFICIAL RECORDS.
HAVING AN AREA OF 2,767 SQUARE FEET MORE OR LESS,
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY
DIRECTION.
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This is to certify that the interest in real property conveyed by the
deed or grant dated
{bnd n ;:)1900 from Deane C, Hart and Mildred E, Hart to
-ttfe 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 duly authorized officer.
Dated: lY!n1j 2., LE:C:O