Grant of Water Easement 2000-0185623-, . DOC , 2000-0185623
1854
RECORDING REQUESTED BY: ) Apr 12, 2000 8:12 AM
) EfFICIAL REClJ<DS
CITY OF POWA Y ) SAN DIEIlIlD.tlTV REOJRDER'S lFFICE
) GmilRV J. lilITH, ClUlTV RECffiOCR
WHEN RECORDED RETURN TO: ) FEES: 0.00
fft ) OC: NA
CITY CLERK ) 1111111111111111111 " lilllllllll\
~l~ CITY OF POWAY )
P,O, BOX 789 ) 2000-0185623
POWAY, CA 92074 )
eO
fIr (For Recorder's Use Only)
Tax Parcel No, 321-030-31
GRANT OF WATER EASEMENT
Kenneth Earl Walker and Dorothy H, Walker. Trustees Under Agreement Dated June
21, 1988, for the benefit of Kenneth Earl Walker and Dorothy H, Walker. as to a portion
and Kenneth E Walker and Dorothy Walker husband and wife, as ioint tenants, as to
the remainder (hereinafter "GRANTOR") hereby grants to CITY OF POWA Y,
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement
for a right-of-way 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 those portions of Lot 4, in Section 5 and Lots 1 and 2 in Section 6, all in
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 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:
C\DATA\V'.'PFtlES\EASEMENT\EASEWTR'M<R
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1855
See Exhibit "A" attached hereto and incorporated herein by this reference,
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,
WITNESS WHEREOF, the GRANTOR has executed this Easement this ~ay of
'I ,2000 ~~lJ~
Kenneth Earl Walker
~7~ ~'tA/d./~~~
Dorothy H, Iker
(Signatures must be notarized)
C:\OA TA\VoJPFllES\EASEMENnEASEWTR lNKR
~~~~~~~~~~~~~~~~~~1;:~~~J=~JM:^X"^X"-<:^X^X9=^X~~2:2.:^XAOl:9>>~
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State of .&./ jfo~,l4' O-..J ~
,
County of ~Af) jJ: t!fJ 0
On A.,,~ I 7,:JDO(j beforeme,Shf'lUJe D.W{'),u.e/~ Alo~I''' Pu.b/,'Co,
--I.-Lf- Dale Name aod Tille 01 OffICer (e.g., 'Jaflft 000, Nolary ~11C1
personally appeared IfpnntoiA'l hlr/ Li:hllt.l'r ...,..Dt;(1)MIJ fJ, WIlIJ.lP.# ~
Name(s) 01 S.gner(sJ T
I,
o personally known to me
~roved to me on the basis of satisfactory evidence
~ SHBlRlE D. WOIlIlIU
_ 0............1. 1223193
NoIaIy f'I.tlIc. CUlru..",
5ca'I DIego Ccu1tr
_CarIn. &phlI.l.r1:11.2ID
to be the person~ whose name61 ieo'are subscribed to the
within instrument and acknowledged to me that h~~
executed the same in RffiIRer/@ authorized capacity~,
and that by ~signatureJ2>on the instrument the
person~, or the entity upon behalf of which the person~
acted, executed the instrument
WITNESS my hand and official seal.
I::. JJw",jfJ.~
Signature 01 Notary Public
1
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: (;~jl;- {) f- t<1::l fl!1e ;::a~mt?/) 1-
Document Date: -11f1li- / '1, (JOOO Number of Pages: It;
Signer(s) Other Than Named Above: r.;f
,
I,
[,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
I
0 Individual 0 Individual I
[' 0 Corporate Officer 0 Corporate Officer I
, Title(s): Title(s):
0 Partner - 0 Limited o General 0 Partner - 0 Limited o General
I" 0 Attorney-in-Fact 0 Attorney-in-Fact r
0 Trustee 0 Trustee
I, o Guardian or Conservator 0 Guardian or Conservator
"
o Other: Top of thumb here 0 Other: Top of thumb here
Signer Is Representing:
Signer Is Representing:
, '
01996 NatIOnal NOlaryAssoc.ahoo. 8236 Remmel Ave PO Bow 7184 . Canoga Park, CA 91309-7194
Proo. No 5907
Reorder. Call Toll-Free 1-900-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 321-030-31
VESTING: KENNETH EARL WALKER AND DOROTHY H. WALKER, TRUSTEES UNDER
AN AGREEMENT DATED JUNE 21, 1988 FOR THE BENEFIT OF
KENNETH EARL WALKER, AS TO A PORTION AND KENNETH E.
WALKER AND DOROTHY H, WALKER, HUSBAND AND WIFE AS JOINT
TENANTS, AS TO THE REMAINDER,
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 GRANT DEED RECORDED AUGUST 24, 1961 FILE/PAGE
148228 OF OFFICIAL RECORDS IN THE RECORDER'S OFFICE OF SAID COUNTY
DESCRIBED AS FOLLOWS:
SAID PORTION BEING A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET
ON EACH SIDE OF A CENTERLINE WHICH BEGINS AT A POINT ON THE WEST
LINE OF SAID LOT 4 DISTANT NORTH 010 21' 34" EAST 48.60 FEET ALONG
THE SAID WEST LINE FROM THE SOUTHEASTERLY CORNER OF LAND DESCRIBED
IN A DEED RECORDED NOVEMBER 07, 1952 IN BOOK 4647, PAGE 272 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID WEST LINE
ALOND SAID CENTERLINE NORTH 510 55' 49" EAST 70.79 FEET TO A POINT
ON THE NORTHEASTERLY BOUNDARY OF LAND PER SAID GRANT DEED
FILE/PAGE 148228 OF OFFICIAL RECORDS OF SAID COUNTY,
THE SIDELINES OF SAID 20 FOOT STRIP OF LAND SHALL TERMINATE TO THE
SOUTHWEST IN THE WESTERLY LINE OF SAID LOT 4 AND TO THE NORTHEAST
IN THE NORTHEASTERLY BOUNDARY OF LAND PER SAID GRANT DEED
FILE/PAGE 148228 OF OFFICIAL RECORDS OF SAID COUNTY,
HAVING AN AREA OF 1,414 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
deed or grant dated:
tAl f ~ .-JalO from Kenneth Earl Walker and Dorothy H,
alker to the 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: j\~n \ ID,2DtJD