Loading...
Grant of Easement Water W106-499 2012-0670470GRANT OF EASEMENT WATER W106-499 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to Revenue & Tax Code 11922 (conveyance to a Government Agency) The Sikh Foundation of 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 City of Poway, County of San Diego, State of California, and is more particularly described as follows, to wit: 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 City Engineer 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 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. D O C ## 201 2 - 0670470 11111111111 IIIII IIIII IIIII IIIII IIIII II I IIIII IIIII IIIII IIIII IIII IIII RECORDING REQUESTED BY: )r �! OCT 30, 2012 12:50 PM OFFICIAL RECORDS CITY OF POWAY r( SAN DIEGO COUNTY RECORDER'S OFFICE �1 Ernest J. Dronenburg. Jr., COUNTY RECORDER FEES- 0.00 AND W ED MAIL TO: P OC: NA �i)r� PAGES. 6 CEITY CE ERK CITY OF POWAY ) 111111111 IN P.O. BOX 789 ) POWAY, CA 92074 ) (This space for Recorder's use only) APN: 317- 152 -02 -00 GRANT OF EASEMENT WATER W106-499 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to Revenue & Tax Code 11922 (conveyance to a Government Agency) The Sikh Foundation of 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 City of Poway, County of San Diego, State of California, and is more particularly described as follows, to wit: 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 City Engineer 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 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. Grant of Easement - Water W106-499 Sikh Foundation of San Diego Page 2 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. 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. WI NESS WHEREOF, the GRANTOR has executed this Easement this Z3� ay of ,2012. GRANTOR: Sikh Foundation of San Diego By. DY Ja fit S. Dhesi Its: A �g � / 5- k (Signatures must be notarized) Approved as to Form: Office of the City Attorney zi� 91- Morgan L. Foley, City Attorney MAengserv\ClapptEsmnt\Sikh Water. dou s -k�p CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SL[ 1J e C On s ,. 21 tr4efore me, -,41V1 /S' -ji y1/' Bate Here Insert Name and Title of the Officer personally appeared Mill issil SNINN� Carrarwasion s 1956215 Notary Pul - California = San Diego County t Comm. E ices Nov 9, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persol whose nameN is/�k subscribed to the within instrument and acknowledged to me that he /abfe /ttfty executed the same in his/P*r /tF}�4ir authorized capacity(fFja), and that by his/her /tP*r signatureA on the instrument the personl or the entity upon behalf of which the persol acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ' r - Signature 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: tr f- L� Document Date: Ile, 77 2 C)t G Sr Gov i ;1.,, Number of Pages: r Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: LI Individual C Corporate Officer— Title(s): _ L Partner —l._: Limited -]General L Attorney in Fact L Trustee C Guardian or Conservator L Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: �:] Individual L Corporate Officer — Title(s): '�J Partner — L Limited =:1 General L Attorney in Fact LI Trustee Top of :hu—b here L Guardian or Conservator L Other: Signer Is Representing: 020011%atioual Notary Association-9350 Be Soto Ave_,PO.Box 2402•Chatavrorth, CA 91313- 2402•vavw.NatioualNotaryorg item #5907 Reordec Call Tall- Free1- 800- 87868P7 Grant of Easement — Water -WI06 -499 Sikh Foundation of San Diego Page 3 CERTIFICATE OF ACCEPTANCE Grant of Easement This is to certify that the interest in real property located at 12269 Oak Knoll Road in the City of Poway conveyed by the water easement described in the attached document dated: October 23, 2012, from The Sikh Foundation of San Diego 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. Dated: CITY OF POWAY Seal: B6Li ity C Troyan, MMC lerk EXHIBIT "A" ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL DESCRIBED IN EXHIBIT "A" OF GRANT DEED RECORDED ON MAY 7, 2001 PER DOCUMENT NO. 2001-0286238; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, SOUTH 500 05'30" WEST, 34.29 FEET TO THE SOUTHWESTERLY LINE OF OAK KNOLL ROAD; THENCE ALONG THE SOUTHWESTERLY LINE OF OAK KNOLL ROAD, NORTH 68° 53' 10" WEST, 55.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 21 ° 04' 10" WEST, 25.68 FEET; THENCE SOUTH 480 54'03" WEST, 73.69 FEET; THENCE NORTH 41° 05' 57" WEST, 20:00 FEET; THENCE NORTH 48'54'03" EAST, 68.74 FEET; THENCE NORTH 210 04' 10" EAST, 20.74 FEET TO THE TO THE SOUTHWESTERLY LINE OF OAK KNOLL ROAD; THENCE ALONG THE SOUTHWESTERLY LINE OF OAK KNOLL ROAD, SOUTH 680 53' 10" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING. A.P.N. 317-152-02-00 Prepared by: Mike R. Slater, P.L.S. 6706 Date: October 4, 2010 t3 1 II I - � -VA EXHIBIT "B" Plot Water Line Easement APN 317 - 152 -02 -00 Sikh Foundation, 12269 Oak Knoll Rd. Poway, CA 92064 1 C!: OF VING WATER E4 EIiT S MNGS CHART ITEM NO BEARING LENGTH ❑1 S 50'05'30° W 34.29' Q N 68'53'10' W 55.76' 03 S 21'04'10' W 25.68' ❑4 S 48'54'03" W 73.69' ❑ N 41'05'57' W 20.0' © N 48'54'03' 0 N 21'04'10' E 20.74' Q S 68'53'10"