Grant of Water Easement 2000-0185626
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DOC '2000-0185626
1863
RECORDING REQUESTED BY:
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Apr 12. 2000 8:12
AM
CITY OF POWAY
lFFICHll{~DS
lWl DIEOO romv RE~DER'S lfFICE
tMlm J. 9UTH, romv I{CORDER
FEES: 0.00
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WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P,O, BOX 789
POWAY, CA 92074
11111111 1IflIllllllillllllllilllllm III
2000,0185626
(For Recorder's Use Only)
Tax Parcel No, 321-060-23
GRANT OF WATER EASEMENT
David Kern and Victoria Kern, Husband and Wife as Joint Tenants (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its
successors, or assigns, the following described easement for a right-of-way 27 feet and
20 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:
All that portion of Lot 4 in Section 5, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
according to United States Government Survey approved February 24, 1876,
according to the 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\DATA\VllPFtlES\EASEMENT\EASEWTR KRN
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1864
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 10 ~ day of
Af('~1 ,2000
//rJfi-
David Kern
V~~
Victoria Kern
(Signatures must be notarized)
C:\OATA\WPFllES\EASEMENT\EASEWTR KRN
'~~~~~~~~~~~d'~~.~~~~~~);:~~~.J~J~'<x~.X'<x'<x'<x'<x'<x""",;<:"'~"'~'<x"'-<:'<x^<~9.~
;,., . ?s
,', State of ~- 1865 ~
County of ~ 4,-,-, LJ r :
On ~J {, [J{')nO before me, 1
06.Ie , i1me and Tille of Officer {a
personally appeared 0 q 1/ ,. j CI n J (/1 r-f~, i- ,. q k' "" r- /V
Name(s) 'of Signer(s)
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I,
o personally known to me
x;1 proved to me on the basis of satisfactory evidence
to be the pers@hose na~~ubscribed to the
within instrument and acknowledged to me that he/sh~
executed the same in his/he etr uthorized capacit~
and that by his/he~ignatur n the instrument the
person'IDr the entity upon behalf of which the person(ID
acted, executed the instrument
lij":=if:':-I
I' Notay PubOc - CaI1tan1c ~
San DIego Coun1y -
_ _ _ _Mv~.:~~2~~l
WITNESS my hand and official seal.
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Signature of Nolary Pub!
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 01 this form to another document.
I,
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
I,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
~
['
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 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 of thumb here
Signer Is Representing:
Signer Is Representing:
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01996 NallQnal Notary Assoclatloo' 8236 Remmel Ave, PO 80_ 7164' Canoga Pari<., CA 91309.7164
:'i',
Reorder" C...1l ToIl.Free 1.800-876.6827
Prod No 5907
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EXHIBIT "A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 321-060-23
VESTING: DAVID KERN AND VICTORIA KERN HUSBAND AND WIFE,
AS JOINT TENANTS
THAT PORTION OF LOT 4 IN SECTION 5, 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 DEED OF TRUST RECORDED JUNE 18, 1999 AS DOCUMENT
NO. 1999-0429242 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS
FOLLOWS:
THAT PORTION OF LAND DESCRIBED IN PARCEL 1 OF SAID DEED OF TRUST
LYING NORTHWESTERLY, NORTHERLY A~D NORTHEASTERLY OF A LINE
BEGINNING IN THE WESTERLY LINE OF SAID PARCEL 1 AND 27 FEET
SOUTHERLY AND PARALLEL TO THAT CERTAIN COURSE OF SAID PARCEL 1
STATED AS "SOUTH 710 08'50" WEST 259.74 FEET"; THENCE NORTHEASTERLY
ALONG SAID PARALLEL LINE TO AN ANGLE POINT BEING THE INTERSECTION
WITH A LINE 20 FEET SOUTHERLY AND PARALLEL TO THAT CERTAIN COURSE
OF SAID PARCEL 1 STATED AS "NORTH 840 54' 30" WEST 237.37 FEET";
THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE TO THE EASTERLY LINE
OF SAID PAqCEL 1,
EXCEPTING THEREFROM T~J PORTION LYING NORTHWESTERLY AND NORTHERLY
OF THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE OF SAID
PARCEL 1 STATED AS "SOUTH 710 08' 50" WEST 259.74'" SAID PRLONGATION
TERMINATING IN THE WESTERLY LINE OF SAID PARCEL 1.
HAVING AN AREA OF 12,266 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT "B".
DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY
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This is to certify that the interest in real property conveyed by the
~eed or rant dated:
'(.".;)ot'X') from David Kern and Victoria Kern to the City
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: Ap~ l I 0, '/(Y'f)