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Grant of Easement 1998-0314029RECORDING REQUESTED BY AND MAIL TO: San Diego County Water Authority Right of Way,Department 3211 Fifth Avenue San Diego, CA 92103 -5718 THE ORIG�FAL OF THIS DOCUMENT WE RECORDED ON MAY 28, 19% DOCUMENT NUMBER 1998- 0314029 GREGORY J'. SMITHi COUNTY RECORDER' SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 10:29 AM SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT TO THE CITY OF POWAY SAN DIEGO COUNTY WATER AUTHORITY; a county water authority formed under the County Water Authority Act of 1943 ( Stats. 1943, Chap. 545), as amended, (hereinafter "Grantor") grants to the CITY OF POWAY, a municipal corporation (hereinafter "Grantee "), an easement and right of way and incidents thereto for a public street upon, over,.and across that certain real property in the City of :Poway, County of San Diego, State of California,, generally depicted in Exhibit A and as described as follows: A portion of the Northwest Quarter of the Southeast Quarter of Section 30, Township 13 South, Range 1 West, San Bernardino Meridian, in the City of Poway, in the County of San Diego, State of California, more particularly described as follows: The Westerly 17:00 feet of that land. described in Deed to the San Diego County Water Authority, recorded October 11, 1988 „as Document No. 88- 515757, in the Office of the County Recorder, San Diego County Official Records, said 17.00 foot strip lies Easterly of and parallel with the Easterly Right -of -Way line of that certain 60.00 foot county road known as Espola Road, also know as Road Survey No. 335. Grantee, its successors, and assigns, agents or contractors, shall be responsible for any damage to Grantor's existing or future facilities occasioned by and arising from the construction, operation or maintenance of Grantee's facilities within Grantor's property. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection;with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. i:k ow\mgmPprmssion\feepe "Nespola2.doc 4128/98 Grant of Easement to the Il y of Poway is forthe WideningwofEspola Road Page::2 Grantor reserves unto itself, its successors and, assigns, the right to. use the subsurface, surface, and airspace thereover, of the herein described easement and right of way for the construction, repair, operation, and maintenance of facilities as now exist or as it in the future shall deem appropriate pursuant to its powers under applicable law. Grantee's rights under this easement and right of way shall be subordinate and junior to Grantor's rights described in the sentence preceding, provided that in the exercise of Grantor's rights, Grantor shall not unreasonably interfere with Grantee's facilities. In the event that Grantor's exerciseof itrights requires the alteration, removal, or repair of Grantee's facilities, such action shall be at the expense of 'Grantee. Grantee shall at all;times indemnify and save.harmless Grantor against, and pay in full, all loss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair or presence of. Grantee's facilities and all necessary and Properfixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of (a) loss of or damage to propertyRand (b) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting solely from the negligent or willful act or acts of the Grantor, its contractors, officers, agents or employees. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights granted in this easement shall terminate'and Grantee, at is sole cosband upon receipt of written request, shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to all rights herein granted. Grantor, its successors:and- assigns, shall not.be, required to bear any portion of the cost of construction, maintenance,, alteration, repair, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted. Grantee shall have,the.nght but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. Grantorshall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns; and Grantee, or in any other or altered form it may assume. i:\ row4 ngmt \prmssionVeeperm \espola2.doc 4/28/98 Grant of Easement to the C• of Poway 4P for the Widening of'Espola Road Page 3 IN WITNESS WHEREOF, the said San Diego County Water Authority has caused this Instrument'to be executed'this � day of , 19'z4! SAN DIEGO COUNTY WATER AUTHORITY, a Public Entity Dated: By: Thomas M. Nutt, Director Right of Way Department Approved as to form: aw Jam Tayf r, be & General Counsel Tj THIS IS TO C RTIFY that the interest in real property conveyed by the Grant of Easement dated from the San Diego County Water Authority to the City of Poway, a political corporation and is hereby accepted and3he Grantee consents to recordation thereof by its duly authorized author. Dated: .S IZ- R � Approved as to form: Step a ckis, City Attorney R A i:Vow4ngmtipr ssionVe per \espola2.do 4/28/98 i CALIFORNIA State of California 1 ss. County of SAN .DIEGO J 40 On , before me, MARIME M. ZEICHICR Dat4 Name am Tree of ORear.(e.g., -jane Doe. Notary PuElk-) personally appeared THOMAS M. NUTT Namefs) of Signerls). MARIENE Mf ZEICHICK .1 Commission # 1170056 y No-cry . PUolic - California Son. DiegoaCounty My Comm. lz.�bIres Jon 23:2002 Plaoe Notary Seal Above I12 personally known to me proved to me on the basis of satisfactory evidence to be the pefsonilt) whose name(M) is /ME subscribed to the within instrument and acknowledged' to me that he/Et7 executed the same in his /1»$ authorized capacity$M, and that by his/) signatureM on the instrument the person(y), or the entity upon behalf of which the person (&) acted, executed the instrument. WITNESS my hand and official seal. / ' . _4. OPTIONAL Though the information, below is not required by law, it may prove yaluable,to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: �y7 V Document Date: / /l�"l �, %j Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual - Corporate Officer — Title(s): Partner — - Limited ❑ General - Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT] OF SIGNER O 1997 National Notary Association • 9350 De Sao Ave., PO. Boy 2002 • Cl%a S I. CA 91313-241M Prof- No 5M7 Reoroer. Call Td1 -Free 1- 800..9146827 'CALIFORNIA ALL•PURPOSEANOWLEDGMENT • No. 5907 1 11 State.of tl Courlty of 11 ., personally DATE .. personally known to me - 1 � OR vnnAN MAC as ODMiN.0161423I � �; NdaY Pib1i: — CclYfomlo &AN DEW COUNT( NM Coma 8v* SEP 21'J9" ❑ proved to me on the basis of satisfactory evidence to be the person whose name�O�BYare subscribed to the within instrument and ac- knowledged to me tha he he /they executed the same in - 'is er /their authorized capacity, :and that by h is/ er /their signatures on the instrument the persori(sj, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOT .�:..,. -- .,:�,.. -� .mss ., _,_.. �.a -•. ,�w.. -:.., � • _ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED' BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) G UARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF P RSON(S) OR ENT INUES)- DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmal A".. P.O. Box 7184 • Canoga Park, CA 91309-7104 SCpCE� /' =200' PARCEL // AND //T PARCEL /O ANO /O T. PARCEL /4 // /// // EXHIBIT A PARCEL 2 2Z\ 12'AN012r .\ [EOENO C —_ -- L /NE ER7Y1RMHToF "Y -- -- 6AsEm6NT UNE OR ti U EASE RfNTNENT \ \ \v. ? \ Y� 90' TEP)PORARY h h s Oe"'tdw \ _ cs.oa \\ FEE PAR['EL y, h \ NURTN LINE OP a ESPOLA RQ EASEMENT 85.14 N odt6'te E 2 NWCOR, NW 114, aN Vs, SEC.SO a oo•24'a1'IJ I864Rlv4I LEN6TN I RAO. I TAN, jdRLO,PLTI SCALE / °•40 CAfm tam 0 Map SECT /ON 25 T43s R241 NE il4 3ECT/ON 3O T /3s R 141 N4/ 1c RO S. 4581, 6721, 6923 PARCEL MAP NO 10763 TRACT /7AP No. +6G3, 11360 O6/NER n 3AN WE6O E;UUKTY WATER AUTHORfTY a son Oloeo, California y RAMONA PIPELINE; ~ WATER TRANSMISSION PIPELINE $ LANDS AND RIGHTS OF WAY wr. srrT2ofz AaaL _ 7- 2f,Ar R l�:- 5 EXHINTA 20' WATER EASEMENT PER DOC. 887556291 REC. NOV. 1, 1988 AND ROW AND UTIUTY EASEMENTS PER I VARIOUS _ DOCS. I LOT "So MAP 11320 LEGEND ® RIGHT OF WAY DEDICATION rn f 47, DEED 89- 370983 REO, JULY 1; 1989 DEED 88- 515757 REO, OCT, 11; 1988 T D � E ASEMEN T� WATER RECEJU363'�OFSU•R TO K0162 PAGE O RICK ENGINEERING COMPANY CPAL ENGINEERS • SURVEYORS • PLANNERS 5620 FRIARS ROAD; SAN DIEGO CA. 92110 -2596 PHONE: (619) 291 -0707 PROJECT NUMBER, DATES 12901 AUGUST 20. 1997 APN 278 - 320-13 OWNER> SAN DIEGO COUNTY WATER AUTHORITY N SCALE: I' =60' STREET DEDICA770N PORTION OF ESPOLA ROAD IN THE NW % OF THESE ' /.OFSEC77ON30, T13SRIW CITY OFPOWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.