Grant of Easement for Water 2012-0817272RECORDING REQUESTED BY:
r
a CITY OF POWAY
J
WHEN RECORDED RETURN TO:
CITY CLERK
1" CITY OF POWAY
P.O. BOX 789
POW", CA 92074
D O G ## 2012-0817272
IIII I I I I II I IIIII II II II I II II I II II I I II
DEC 27, 2012 11:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 9
) 1 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Tax Parcel No. 314 - 193 -12 (For Recorder's Use Only)
GRANT OF EASEMENT FOR WATER
(No Documentary Transfer Tax Due)
Tina M. Castro an unmarried woman (hereinafter "GRANTOR"), hereby grants to CITY OF
POWAY (hereinafter "GRANTEE "), its successors, or assigns, an 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,
together with all related fixtures and appurtenances, at such locations and elevations, upon,
along, over, and under the lands described below as GRANTEE may now or hereafter
determine in its sole discretion, without any additional compensation therefore, together with the
right of ingress and egress from said 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 the
GRANTEE's rights -of -way situated in adjacent lands, without any additional compensation
therefore.
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:
(See attached Exhibit "A" — Legal Description and Exhibit "B" — Plat)
GRANTOR, his 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, his 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 the GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipelines
or other facilities within the boundaries of this easement, 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
/,:2 -07a
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 Easement, 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 the GRANTOR has the power to grant this
easement in accordance with his terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
day of 901EMQ( t✓i,,2012.
') /� L-:p t� Jaal�a
Tina M. Castro Date
(Signature must be notarized. Notary form attached.)
CITY OF POWAY:
Approved as to Form
Office of the City Attorney
Date
b a W
Morg L. F ley Date
MACIP Developm ACIP Projects \I744B Fire Protection Upgrades (2009- 2010)\Easemmnt EASEMENT 13634 Vian.doc
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 314- 193 -12
VESTING: TINA M. CASTRO, AN UNMARRIED WOMAN
PARCELI
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19,
1880, DESCRIBED IN QUITCLAIM DEED TO TINA M. CASTRO, AN UNMARRIED WOMAN, RECORDED
OCTOBER 31, 2006 AS DOCUMENT NO. 2006- 0774719 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
THE SOUTH 20.00 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN,
EXCEPTING THEREFROM THE EAST 278.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE WEST 40.00 FEET THEREOF.
CONTAINING 6,873 SQUARE FEET MORE OR LESS.
PARCEL 2
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19,
1880, DESCRIBED IN QUITCLAIM DEED TO TINA M. CASTRO, AN UNMARRIED WOMAN, RECORDED
OCTOBER 31, 2006 AS DOCUMENT NO. 2006 - 0774719 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
THE SOUTH 24.00 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN,
EXCEPTING THEREFROM THE EAST 292.36 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE WEST 349.40 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 DESCRIBED
HEREINABOVE.
CONTAINING 80 SQUARE FEET MORE OR LESS.
TOTAL AREA OF PARCEL 1 AND PARCEL 2 CONTAINING 6,953 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B ".
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
.� 3
MICHAEL L. SCHLUMPBERGER, PLS 7790 g<c� ��H� �AgG1
0
DATE J m 9
* Exp. + of w
N�A No. 7790 �4
D
O
0
Z
Q
J
EXHIBIT "B
HE 1D4
320.00'
I
349.40'
I
b
0
n
- - I
I
278.00'
APN: 314 - 193 -12
DOC. NO.
2006 - 0774719
SEC 12/ 9 u � ��n�9
C� W9 Som
I �
I
292.36'
O
1 O
RIDS 19 377
I I
I I
THIS PLAT WAS PREPARED BY ME OR
UNDER MY DIRECTION IN CONFORMANCE WITH
THE PROFESSIONAL LAND SURVEYOR'S ACT.
-h�� 11.4 - Zolz
MICHAEL L. SCHLUMPBERGER, PLS 7790
Right -Of -Way Engineering Services, Inc.
615 S. Tremont Street • Oceanside, CA 92054
(760) 637 -2700 FAX (760) 637 -2701
File Name: Poway -WL Upgrades Vian Road Esmts.dwg
Job No. 1108- 0043 -02
SCALE: 1"=100'
DENOTES WATER
IEASEMENT ACQUISITION
d SEE SHEET 2.
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
EXHIBIT "B
A
o MIDLAND ROAD
0
EASEMENT PER BK, 6133
PG. 301, REC. 6/8/1956
O.R.
2853, PG. 71, REC.
6/29/1948 & BK. 2741, PG.
71, REC. 4/05/1948 BOTH
O.R., AND 15' WIDE PRIVATE
PIPELINE EASEMENT PER SK.
5637, PG. 348, REC.
5/10/1955 & F/P 35492
REC. 3/1/1968 BOTH O.R.
REC. 12/31/1969 AS F/P
236811 O.R.
W
A
O
A
o I
PARCEL 1
6,873 SQ. FT.
MORE OR LESS
20' WIDE PRIVATE ACCESS,
UTILITY & PIPELINE
EASEMENT REC. 9/28/1970
AS F/P 176223 O.R.
APN: 314 - 193 -12
DOC. NO. 2006 - 0774719
w
N
O
O
O
O
n
Z�
� n
0
n
(flTl
O
n
PARCEL 1 do PARCEL 2
TOTAL AREA 6,593 SO. FT.
MORE OR LESS \/FCTINC:• TINA M CASTRn AN U
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
PARCEL 2
80 SQ. FT.
W M
MORE OR LESS
SCALE: 1 " =60' m
m °
po
I, I
—
DENOTES WATER EASEMENTI A
ACQUISITION C
CITY O
OF POW
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of
OnA&1711t&7c2[ i Z /Z before me, r�l'G C , S •J </ / iv' / y [_ /
Date Here Insert N e antl T tre of the Officer
personally appeared //i/4 rV
Name(s) of Signers)
114 mulls S1MIIi1
Le C- M- 00asim 1 1956215
Y PoMk - California
San Dill Coil Comm. s Nov 9, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(, whose name(j is/a* subscribed to the
within instrument and acknowledged to me that
yd/she /ttey executed the same in *her/t*authorized
capacity(ips), and that by We/her /thafr signature(§ on the
instrument the person( or the entity upon behalf of
which the person(Wacted, 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.
i
Signatures_
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
y
Title or Type of Document: 9/°,=1i'V� -lr z-�-[ ri > /Ei✓�J: (= ✓�
Document Date: / i�b'r Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[ Individual
❑ Corporate Officer —Title(s):
::1 Partner — ❑ Limited ❑ General
Attorney in Fact
❑ Trustee Top DI thumb here
❑ Guardian or Conservator
C Other:
Signer Is Representing:
Signer's Name:
C Individual
I Corporate Officer — Title(s):
C Partner — ❑ Limited C General
❑ Attorney in Fact
❑ Trustee
7 Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0
2007 Natbnal Notary ASSOaatlon• 9350 De Soto Ave., Po Box M2-Chatsworth, CA 91313- 2402•waw NaticnalNotaryorg Item #590] Raortleo CaJlTOII- Free1- 600 -W6 -602]
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On December 24, 2012 before me, Carol S. Legg, Notary Public, personally appeared
Penny Riley, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person 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.
CAROL S. LEGG
WCommission k 1934186
Notary Public •California i C 10• Arm
My Comm. Expires Apr 28,2015+ Carol S. Legg, Notary Public
OPTIONAL
Title or type of document: Grant of Easement for Water, Tax Parcel 314 - 193 -12
Document Date: 11/29/12
Number of Pages: two, plus exhibits A and B
Signers Other Than Named Above: Tina Castro
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement
dated: November 29, 2012, from Tina M. Castro, 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: i i- CITY OF POWAY
Seal:
La'A. Troyan, i -y Clerk
MACIP_Development\CIP Projects \1744C Fire Protection Upgrades (2009- 2010) \Easements \certificate of acceptance-
city_Castro.doc