Grant of Easement Water 2012-0244459RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
i %,i t APN: 317 - 021 -30
DOC# 2012 - 0244459
APR 26, 20112 1:02 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 8
(This Space for Recorder's Use
GRANT OF EASEMENT
Water
Chinmaya Spiritual Center WI 10-0001
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Chinmaya Mission San Diego, a California non - profit corporation (hereinafter "GRANTOR "), hereby
grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following
described easement 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 described 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,
GRANTEE shall also be entitled to trim, cut, or clear away or
vegetation or flora from time to time as GRANTEE determine
additional compensation.
cross any portion of the easement.
remove any trees, brush, or other
s in its sole discretion without any
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.
CITY CLERK
CITY OF POWAY
r /
P.O. BOX 789
l tO
POWAY CA 92074
oil �.
i %,i t APN: 317 - 021 -30
DOC# 2012 - 0244459
APR 26, 20112 1:02 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 8
(This Space for Recorder's Use
GRANT OF EASEMENT
Water
Chinmaya Spiritual Center WI 10-0001
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Chinmaya Mission San Diego, a California non - profit corporation (hereinafter "GRANTOR "), hereby
grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following
described easement 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 described 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,
GRANTEE shall also be entitled to trim, cut, or clear away or
vegetation or flora from time to time as GRANTEE determine
additional compensation.
cross any portion of the easement.
remove any trees, brush, or other
s in its sole discretion without any
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 W TNESS WHEREOF, the GRANTOR has executed this Easement this r/� day of
n 20 / I-.
Chinmaya Mission San Diego
By: 1� kl_� '1_4� L__�
Srinivas Sukumar
Its: PO`s i /) C ice, i
0
Rangarajan Sampath
Its: Secretary
(Signatures Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Morga . ley, ity A orney Date
M: \engsery \Clapp \Esmnt \Chinmaya \Water.doc
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of -SA9 pi E&T
On Y-91i141 ( 2 before me,
PoTa A, eam�UcL,(-
(Here insert name
of the officer)
A QC_ - `
personally appeared S 2 i l I ✓14 S §14 K U MA /2 4 2 A N G A R AJjJ1V 5 gin �h 7#
who proved to me on the basis of satisfactory evidence to be the persons whose name i ar subscribed to
the within instrument and acknowl dged to me that he /sh the executed the same in his/h h ' authorized
capacity ies , and that by I s/he the' signatures on the instrument the person(s), or the entity upon behalf of
which the person() acted, execute the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNES y hand and o cial seal.
s1gn#tuW of Notary Public ,
PETER A. BROWNELL
N COMM. # 1824627
r Notary Public- California
SAN DIEGO
q My isslon Expires Nov. 25, 2012 "
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
•
Individual (s)
•
Corporate Officer
(Title)
❑
Partner(s)
•
Attorney -in -Fact
•
Trustee(s)
❑
Other
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EXHIBIT `A'
LEGAL DESCRIPTION: WATERLINE EASEMENT
APN 317 - 021 -30
A PORTION OF LOT 36 IN TRACT "F" OF POWAY, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 7, 1888 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EASTERLY 217.19 FEET
OF SAID LOT 36, THENCE ALONG THE WEST LINE OF THE EASTERLY 217.19
FEET OF SAID LOT 36 NORTH 0 °22'12" WEST, 154.87 FEET; THENCE LEAVING
SAID WEST LINE NORTH 45 °22'12" WEST, 34.05 FEET; THENCE NORTH 0 °22'12"
WEST, 117.55 FEET; THENCE NORTH 89 °37'48" EAST, 4.00 FEET; THENCE
NORTH 00'22'12" WEST, 5.00 FEET; THENCE SOUTH 89 °37'48" WEST, 4.00
FEET; THENCE NORTH 00'22'12" WEST, 19.35 FEET; THENCE NORTH 45 °22'12"
WEST 17.77 FEET; THENCE SOUTH 89 °37'48" WEST, 53.61 FEET; THENCE
NORTH 00'22'12" WEST, 9.16 FEET; THENCE SOUTH 89 °37'48" WEST, 5.00
FEET; THENCE SOUTH 00'22'12" EAST, 9.16 FEET; THENCE SOUTH 89 °37'48"
WEST, 4.16 FEET; THENCE NORTH 45'22'12" WEST, 5.86 FEET; THENCE
NORTH 00'22'12" WEST, 266.64 FEET; TO A POINT ON THE NORTH LINE OF
SAID LOT 36; THENCE ALONG SAID NORTH LINE NORTH 88 °45'49" WEST,
20.01 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00'22'12" EAST,
209.96 FEET; THENCE SOUTH 89 °37'48" WEST, 7.00 FEET; THENCE SOUTH
00'22'12" EAST, 5.00 FEET; THENCE NORTH 89 °37'48" EAST, 7.00 FEET;
THENCE SOUTH 00'22'12" EAST, 60.53 FEET; SOUTH 45'22'12" EAST, 8.43
FEET; THENCE SOUTH 44 °37'48" WEST, 20.49 FEET; THENCE SOUTH 45'22'12"
EAST, 5.00 FEET; THENCE NORTH 44 °37'48" EAST, 20.49 FEET; THENCE
SOUTH 45'22'12" EAST, 9.08 FEET; THENCE NORTH 89 °3748" EAST, 62.77
FEET; THENCE SOUTH 45 °22' 12" EAST, 1.21 FEET; THENCE SOUTH 00'22'12"
EAST, 141.90 FEET; THENCE SOUTH 45'22'12" EAST, 34.05 FEET; THENCE
SOUTH 0'22'12" EAST, 145.95 FEET TO A POINT ON THE SOUTH LINE OF SAID
LOT 36; THENCE ALONG SAID SOUTH LINE SOUTH 88'33'15" EAST, 20.01
FEET TO THE POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON R.O.S. MAP 11765
PREPARED BY: p C, f I
WILLIAM C. EN, RCE 33730
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Lo
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10-9 f
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SHEET 1 OF 3
EXHIBIT'B'
WATER LINE EASEMENT PLAT
APN 317- 021 -30
APIA
;L20,00'
N88.45'49 "W 447.23
?3.62' 3.60'
rn
of
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SEE DETAIL 'C' `V
SHEET 2 N iv �f0
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AFll\l 3-17-02-1-30 \ Z N
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LINE DATA
N
T / L3/ 1 co
I � N
SEE DETAIL 'B' L4 rn N
SHEET 3 �n -' `v
J \ Z
20.00'
SEE DETAIL 'A'
SHEET 2
WATERLINE —
EASEMENT
217.19'
r
oq
J
Lo
20.01-
31.16'
— P.O.B.
"W 451.17'
10TH ST
?\yOFESS /O/V —
CD w NO 33730 m r�iL�1
NOTE: BOUNARY BEARINGS AND DISTANCES ARE BASED
ON RECORD DATA ON R.O.S. MAP 11765
CAP. 6-30-2012 X
sT C I V 1\-
qTF OF O A�1F0�
W00903
NO.
BEARING
LENGTH
L1
N00'22'1 2 "W
60.53'
L3
N89.37'48 "E
62.77'
L4
N45.22'1 2 "W
1.21'
L5
N00.22'1 2 "W
141.90'
L6
N45.22'1 2 "W
34.05'
L7
N00.22' 12 "W
145.95'
L8
N45.22'1 2"W
34.05'
L9
N00'22'1 2 "W
117.55'
L10
N45.22'1 2 "W
17.77'
L1 1
N89.37'48" E
53.61'
T / L3/ 1 co
I � N
SEE DETAIL 'B' L4 rn N
SHEET 3 �n -' `v
J \ Z
20.00'
SEE DETAIL 'A'
SHEET 2
WATERLINE —
EASEMENT
217.19'
r
oq
J
Lo
20.01-
31.16'
— P.O.B.
"W 451.17'
10TH ST
?\yOFESS /O/V —
CD w NO 33730 m r�iL�1
NOTE: BOUNARY BEARINGS AND DISTANCES ARE BASED
ON RECORD DATA ON R.O.S. MAP 11765
CAP. 6-30-2012 X
sT C I V 1\-
qTF OF O A�1F0�
W00903
SHEET 2 OF 3
EXHIBIT'B'
WATER LINE EASEMENT PLAT
APN 317- 021 -30
j
0 0
II 3
� J N
N
L12
O Z
II
CA L21
L12 �V N
O U J
O N
N L21
N � �
O
CD
v �
cn N
Vi
N
N
O
O
Z
DETAIL 'A'
SCALE: 1 " =10'
DETAIL 'C'
SCALE: 1 " =10'
QROFESS /O�
z
O NO 33730 m
EXP. 6-30-2012 x
sT CIV1\-
qrF of CavF�e
W00903
LINE DATA
N0. BEARING LENGTH
L12 N89'37'48 "E 4.00'
L13 N00'22'1 2 "W 5.00'
L15 N00'22'1 2 "W 19.35'
L21 N89'37'48 "E 7.00'
L22 N00'22'1
2 "W
5.00'
6
w
J
Q
U
N
<pi9
tn
t0
D�
,F.
EXHIBIT 'B'
WATER LINE EASEMENT PLAT
APN 317- 021 -30
LINE DATA
N0.
BEARING
LENGTH
L17
N89'37'48 "E
5.00'
L18
N00'22'1 2 "W
9.16'
L19
N89'37'48 "E
4.16'
L20
N45'22'1 2 "W
5.86'
L23
N45'22'1 2 "W
8.34'
L24
N45'22'1 2 "W
9.08'
L25
N45'22'1 2 "W
5.00'
N89'37'48 "E 62.77'
DETAIL 'B
SCALE: 1 " =10'
SHEET 3 OF 3
N89'37'48 "E 53.61'
QROFESS /O/l,
\PM c,
cD NO 33730 m
LLJ
EXP. 6-30-2012
sT c1V1\-
qTF OF C MJ'
X�Ll
W00903
9 } �
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated:
from Chinmaya Mission San Diego, a California non - profit
corporation, 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:
CITY OF POWAY
By:
Lin . Troyan, MMC, Ci Clerk