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Grant of Water Easement 2000-0185626 (If uffi !Ja't/ Hf . DOC '2000-0185626 1863 RECORDING REQUESTED BY: ) ) ) ) ) ) ) ) ) ) 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 II: Nfl 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 . . 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) [ 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. ~/ - ~ (;/~-n. ~ &./~ 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: I,' I, " 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 'I 'I I ,I 1 1 I 1 1 ,I , , " 1 I I I 'I I 'I 1 I ~ 'I ,I 'I 'I '" . . 1866 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 .. .. OJ .. .. ~ - OJ - :r: x w 0 0 II , * ci z ' C '" cJo W ON ..J 0" <( ",N U Wm Vl o..N " ~O I <(m >-m -<m 0- \~ \, '--ROAD --- --- "-Vl 00:> >-3: z:::; -'" ~~ ~ ... , -1 o il. ... r -.. t-, '" ;g. i1' ,,' z o ",'" w!!, 0..'" U, ZVl<( OW, ",0 CL--.Jt:: W<(rn U(!)I xwx W..JW 3' " , " o .n -'" ': o '~ ~ ." --' ai ci a: , IT: , o 1 ill ill ill <:\.1 -::::::1"' <:\.1 ill i:'l 'I' o ~ ------- 1867 ~ "- ZZ 0 ~< I- wZ Vl l<:~ '" Vl W r <( <I- W ..J W '" <( ---1 ~z iJj 0 ~ a.. 0- 1-0 0 I') u.., 0 c.. l- N 5 III ~ I < Z ~~ 0 lL. 0 N W <0 '- 0 0 <;e '" ~ I ~ ~ Z 8 W N ~o -< I') wZ 0 U (f) l<:< <( 00 W 5Z << oal ~ III :::; .:; ::> Z z :I: ~ '" a: Vl .. W <( > '" 0 \ <( >- <( 50 wo "'''' wo IU ZW ,>:'" 0:::; IO Vl'" "- Vl Zo OW -> Vl- z'" WW :::;0 ow '" <( ) ! / / / / / /0/ ..f~y../, ~ /' ('j o ..J z o '" <( " z o ..J o a: 0.. ~ ~ I" z ~ci z'" o .. 0.. ,,. -<" l'Y/ "'0 ~Y~Q' 0' a.. -<( ::::!:w ..J ~<5 _Vl Zo UZ 5 '" '" -< "' ' ..0 '" z i!' $ C> '>: o v~ ......= ui '" Q) Vl U W W "5 I- I '- 0:> Z v V}",O::: (f) .oW <!...o~ (jl0'>f- N .. .~.~<!..(J)~ ~~~<i<!.. v..... UZ c::J<!.. lL. ._(/) -'w" g''OwQ~ wcOUlU .3<(z<( >. 0;:5 o -UlD ~ ~ol.O I > '" 4- <( I o " N I <D '" ~ " J:: " ~ .0'1 ~ a::: " ~ u c , ' , . . 1868 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)