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Grant of Easement Water (Fire) Lines & Appurtenances 2011-0217037
11111111111111111111110111111111111111 RECORDING REQUESTED BY: APR 26, 2011 3:59 PM CITY OF POWAY OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE AND WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER CITY CLERK FEES: 0C: 0.00 CITY OF POWAY NA P.O. BOX 789 PAGES: 9 . ` POWAY CA 92074 11344 11111110111Bill01110111011101110111011101110111011110110111 ill 11111111 (This Space for Recorder's Use) APN: 314 - 370 -36 GRANT OF EASEMENT (WATER (FIRE) LINES & APPURTENANCES) WI 09 -525 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE (hereinafter "GRANTOR "), hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following described easements for a right -of -way, in, upon, over, under and across the lands described in Exhibit "A," and depicted in Exhibit "B ", to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, at such locations and elevations, upon, along, over and under the right -of -way des tlbed in Exhibit "A" 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: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B MADE A PART HEREIN) GRANTOR, its heirs, successors and assigns shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement or plant any tree or trees or plant any other vegetation or flora within said easement without the express written approval of the City of Poway as evidenced by the signature of the Director of Development Services on an approved plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any i6 - lam 1134 trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. 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. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR'S heirs, successors, or assigns, shall not increase or decrease or permit to be increased or decreased the existing ground elevations of the above - described easement which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE. 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 WIT ES_ S WHEREOF, the GRANTOR has executed this Easement this 17 day of , 2010. ROMAN CATHOLIC BISHOP OF SAN DIEGO ive T oma o an Its: Approved as to Form: Office of the City Attorney C 3a-! Lisa A. Foster, City Attorney Date M:\engserv\Clapp\Esmnt \St. Michaels\grant of right -of -way 314-370- 36.docx • 11346 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 5.....-„--, On 7 / k g/ I d before me, 1 . r r -. Date r� Here Inser L.� t.- Name and Title of 4 • ice/ r �. personally appeared e.G�,e,_ 1Lst — _, Name(s) of Signer(s) t 9 who proved to me on the basis of satisfactory evidence to be the perso $whose nam j is/+ a subscribed to the within instrument and acknowledged to me that he/slasAliey executed the same in hi&hor#their authorized D�:; __ capacityyper, and that by his/her ieir signatur ejon the ''.:. instrument the persot}(aj, or the entity upon behalf of which the perso acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws "'"• of the State of California that the foregoing paragraph is : i'"' - • WNW true and correct. IMF Pelee - Ciao* ■ So Ohio amp C""" `ebt WITNESS my hand and official seal. -'C.PCIAEO Signature . 6 Place Notary Seal Above S nature of Notary Public 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — 'Title(s): ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary org Item #5907 Reorder: Call Toll-Free 1- 800-876-6827 NOTARY SEAL CERTIFICATION 1134 7 (Government Code 27361,7) • I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: • , m . Commission Number: i8.34.7C51 1 Date Commission Expires: 2./2.1r3 County Where Bond is Filed: 0 -> Manufacturer or Vendor Number: (LS .1,. (Located on both sides of the notary seal border) Signature: . ' - irm Name (if applicabl Place of Execution: s ��- � � � Date: !L} j Rec. Form fR 10 (Rev. 9/13197) . . 11348 , _ • •War CERTIFICATE OF ACCEPTANCE 1 \°tr rN THE cad_- - This is to certify that the interest in real property conveyed by the deed or grant dated: es'tb23" I ` Q ©IQ from Roman Catholic Bishop of San Diego, a Corporation Sole, Grantor, to the City of Poway, Grantee, 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: c2/j /1/ CITY OF POWAY I 41 i I • A. Troyan, MMC, City Clerk ?lir« OF • i`9, '�'` j ;1 C � I N T ■ EXHIBIT "A" 11349 LEGAL DESCRIPTION WATERLINE EASEMENT AN EASEMENT FOR WATERLINES, APPURTENANCES, INGRESS AND EGRESS AND INCIDENTAL PURPOSES OVER, UNDER, ACROSS AND THROUGH THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4335, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 26, 1975 AS FILE NO. 75- 365820 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 4335, BEING ALSO THE NORTHEASTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 19201 ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 3, 2003; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 4335 AND THE NORTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 19201, NORTH 88 °13'24" WEST, A DISTANCE OF 174.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 4335 AND THE NORTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 19201, N 24 °36'52" E, A DISTANCE OF 29.53 FEET; THENCE N 69 °36'52" E, A DISTANCE OF 19.73 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 79.87 FEET; THENCE N 00 °00'55" E, A DISTANCE OF 308.15 FEET; THENCE N 44 °59'05" W, A DISTANCE OF 12.42 FEET; THENCE N 89 °59'05" W, A DISTANCE OF 125.70 FEET; THENCE N 44 °32'02" W, A DISTANCE OF 28.22 FEET; THENCE N 00 °55'00" E, A DISTANCE OF 37.41 FEET; THENCE N 45 °55'00" E, A DISTANCE OF 28.28 FEET; THENCE S 89 °24'27" E, A DISTANCE OF 20.56 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN CITY OF POWAY PIPELINE EASEMENT DESCRIBED IN DEED RECORDED AUGUST 8, 2003 AS FILE NO. 2003- 0956303 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID CITY OF POWAY EASEMENT, S 14 °12'11" E (N 14 °09'55" W PER SAID DEED), A DISTANCE OF 20.69 FEET; THENCE LEAVING SAID CITY OF POWAY EASEMENT, N 89 °24'27" W, A DISTANCE OF 17.63 FEET; THENCE S 45 °55'00" W, A DISTANCE OF 11.78 FEET; THENCE S 00 °55'00" W, A DISTANCE OF 20.75 FEET; PAGE 1 OF 2 J WATERLINE EASEMENT (CONT'D) THENCE S 44 °32'02" E, A DISTANCE OF 11.46 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 86.90 FEET; THENCE N 00 °00'55" E, A DISTANCE OF 4.03 FEET; THENCE S89 °59'05" E, A DISTANCE OF 5.00 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 4.03 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 2.50 FEET; THENCE N 00 °00'55" E, A DISTANCE OF 6.50 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 5.00 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 6.50 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 9.95 FEET; THENCE N 00 °00'55" E, A DISTANCE OF 7.00 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 5.00 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 7.00 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 11.26 FEET; THENCE S 44 °59'05" E, A DISTANCE OF 28.99 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 82.74 FEET; THENCE S 90 °00'00" E, A DISTANCE OF 10.00 FEET; THENCE S 00 °00'00" W, A DISTANCE OF 8.00 FEET; THENCE N 90 °00'00" W, A DISTANCE OF 10.00 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 72.51 FEET; THENCE S 89 °59'05" E, A DISTANCE OF 11.50 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 5.00 FEET; THENCE N 89 °59'05" W, A DISTANCE OF 11.50 FEET; THENCE S 00 °00'55" W, A DISTANCE OF 168.18 FEET; THENCE N 89 °59'05" W, A DISTANCE OF 83.73 FEET; THENCE S 00 °40'46" W, A DISTANCE OF 8.99 FEET; THENCE N 89 °59'05" W, A DISTANCE OF 5.00 FEET; THENCE N 00 °40'46" E, A DISTANCE OF 8.99 FEET; THENCE N 89 °59'05" W, A DISTANCE OF 7.54 FEET; THENCE S 69 °36'52" W, A DISTANCE OF 7.85 FEET; THENCE S 24 °36'52" W, A DISTANCE OF 12.83 FEET TO A POINT ON SAID SOUTHERLY LINE OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 4335; THENCE ALONG SAID SOUTHERLY LINE, N 88 °13'24" W, A DISTANCE OF 21.70 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 13,829.6 SQ. FEET (0.317 ACRES) MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE SOUTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 4335 AS SHOWN ON SAID MAP, I.E. NORTH 88 °13'24" WEST. SIGNATURE: � j BILL GOODWIN, PLS 6468 (iriC) DEAN G � LP LICENSE EXPIRES 3/31/11 o d DATE: August 28, 2010 J z NO. 6468 PAGE2OF2 \NLIF00,4 1/ 351 EXHIBIT'S' -1- ' _ _ . WATERLINE EASEMENT - 1 oo r ,_ 00 4 -- O ti .., A ' L13 `� 0 rna L h� fN O L 17 J L40 0 1 , ' 1 <-.4 0 " ., r /Z?Ae jV , r 7 All <c"-'‘ -1'. i ' JN. L7 ma © I k O 71' SEE SHEET 2 FOR NUMBERED DATA AND EASEMENT DATA. 1 51' r‘ 4 . .1 � , L43 O SEE EXHIBIT 'A', 1� LEGAL DESCRIPTION, / f ° 0 1 FOR BASIS OF BEARINGS. n .D...- rn I/ L45 1 LEGEND `, I %J PROPOSED a I WATERLINE t I EASEMENT n h / L24 1 --.1 13,829.6 Al N © SQ. FT. ,�Q 1.26 P.O.C. DENOTES I POINT OF I k 1 COMMENCEMENT T.P.O.B. DENOTES TRUE I $ I ' POINT OF i I �� BEGINNING I m $ I I / ,.f 1 I yi p LAND S /,_ 1 O ,�i� . I 1 110 01 NI / 1 L3 � IC � No. 6468 SOUTH LINE, • ' i PARCEL 1, 2 L I I SOUTHEAST CORNER of CAL.\ PM 4 � �� 335 T. P.O.8.. N8873'2411/ �� 3 I I ' `. L 0 L3 :I:, I I PM 433 (P.O.C. f PROPOSED WL r `� ( °.': 4 PARCEL 1 0 30 60 100 EASEMENT PER �� I PARCEL PM 19201 I i --I I I SEPARATE N88'1324 " "W- 174.74' SCALE IN FEET 1" =60' DOCUMENT I I I JN: BG 289 I DATE: 11/10/2009) SCALE: 1 " =60' I DWG. NO. I 4. BILL GOODWIN & ASSOCIATES PROJECT: w SURVEYING AND MAPPING CITY OF POWAY 00 -27R 8656 DALLAS STREET WATERLINE EASEMENT LA MESA, CALIFORNIA 91942 SHEET 1 T (619)462 -6523 F (619)464 -3808 ST. MICHAEL'S CATHOLIC CHURCH OF ` billgoodwirncox.net 15546 POMERADO ROAD, POWAY, CA 92064 2 SHEETS EXHIBIT'S' NUMBERED EASEMENT DATA WATERLINE EASEMENT 1 LINE LENGTH BEARING EXISTING EASEMENT DATA 11 29.53 N24'36 52'E L2 19.73 N69'36 '52"E AO EXISTING CITY OF POWAY EASEMENT FOR PIPELINE L3 79.87 S89'59 '05"E PURPOSES AND INGRESS AND EGRESS PER L4 6.50 N00'00'55'E DOCUMENT REC. AUGUST 8, 2003 AS FILE NO. 15 308.15 N00 "E 2003- 0956303 O. R. L6 12.42 N44'59 '05 "W O EXISTING CITY OF POWAY 36' OFFER OF L 7 125.70 N89'59 '05 "W DEDICATION PER DOCUMENT REC. AUGUST 8, 2003 AS FILE NO. 2003 - 0956304 O.R. L8 28.22 N44'32 '02 V O EXISTING CITY OF POWAY EASEMENT FOR STREET L9 3741 N00'55'00'E AND DRAINAGE PURPOSES PER DOCUMENT REC. L10 28.28 N45'55'00'E SEPTEMBER 13, 1996 AS FILE NO. 1996- 0466250 111 20.56 589'24'27"E 0.R. L12 20.69 5141 2'11 'E DO EXISTING COUNTY OF SAN DIEGO EASEMENT FOR L 13 17.63 N89'24'2714/ DRAINAGE PURPOSES PER DOCUMENT REC. JUNE 19, L14 11.78 S45'55 '00 "W 1974 AS FILE NO. 74- 163971 O.R. L15 20.75 500'55'00'W OE LIMITS OF STREET WIDENING PER PARCEL MAP NO. L16 11.46 544'32'02"E 4335. L 17 86.90 S89'59'05'E OF BUILDING LINE PER PARCEL MAP NO. 4335. L18 5.00 S89'59 '05"E L19 5.00 589'59'05"E . L s v L20 4.03 500'00'55V OA .. R � % L21 9.95 S89 59'05'£ ^ ti 6F� ' °� L22 28.99 S44'59 '05'£ T s' ,o °° R ( E P. 3- 1 -11 Q 123 82.74 500 /' ° � 7 No. 6468 �. L24 11.50 S89'59 '05 "E SAN I F OF CA S\ F o L25 5.00 SO0.00'55V 1 , SITE i L26 11.50 N89'59'0514/ o 0 \ j �MONTE VISTA RD. L27 168.18 SO0'00'55'W Q °F "'Po y 1 CWA MONTE CLARO L28 6.50 500'00'55'1' n 4 ' ° ,Q S r FL -- CASA AVENIDA L29 83.73 N89'59 '05'1' ti TF I ,' - I ROBERTO WAY L30 8.99 500'40'46 "W Z 4 k, 131 5.00 N89'59'05 "W DIEGO j Q POWAY L32 8.99 NO0'40'46'E Il i N L33 785 S69'36'52'W L34 12.83 S24'36'52 "W VICINITY MAP (NO SCALE) L35 21.70 N88 24 1 1' L41 4.03 N00 "E L36 7.54 N89'59'05 "W L42 2.50 S89'59'057 L37 700 NO0'00'55'E L43 10.00 S90'00'00 "E L38 5.00 589'59'05"E L44 8.00 500'00'00'1' L39 700 500 L45 10.00 N90 L40 11.26 S89'59'05 "E L46 72.51 S00'00 551' J N: BG 289 I DATE: 11/10/2009J SCALE: 1 " =60' I DWG. NO. I • e BILL GOODWIN i£ ASSOCIATES CITY OF POWAY PROJECT: SURVEYING AND MAPPING 00 -27R 8656 DALLAS STREET WATERLINE EASEMENT SHEET 2 LA MESA, CALIFORNIA 91942 T (619)462 -6523 F (619)464 -3808 ST. MICHAEL'S CATHOLIC CHURCH OF ` billgoodwiri©cox.net 15546 POMERADO ROAD, POWAY, CA 92064 2 SHEETS •