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
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11 State.of
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personally DATE
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personally known to me - 1 �
OR
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ODMiN.0161423I �
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&AN DEW COUNT(
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❑ 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'
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NURTN LINE OP a
ESPOLA RQ EASEMENT 85.14
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NWCOR, NW 114,
aN Vs, SEC.SO a oo•24'a1'IJ
I864Rlv4I LEN6TN I RAO. I TAN, jdRLO,PLTI
SCALE / °•40
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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.