Grant of Easement for Water 2012-0817271RECORDING REQUESTED BY: ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2012-0817271
�Q CITY OF POWAY ) DEC 27, 2012 11.48 III VIII IIII IIII
M
OFFICIAL RECORDS
WHEN RECORDED RETURN TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
ES
CITY CLERK ) F EOC 0.00
NA
CITY OF POWAY ) PAGES: 10
P.O. BOX 789
POW", CA 92074 ) 111111 Hill Hill Hill 11111 Hill Hill Hill Hill Hill 11111111111111111111 11111111111
Tax Parcel No. 314193 -13 (For Recorder's Use Onty)
GRANT OF EASEMENT FOR WATER
(No Documentary Transfer Tax Due)
Family Trust, dated April 19,E 1996r as to an ndividedsone-half interest, hand Albert T aba
Gomez, co- Trustees of the Gomez Family Trust dated October, 12, 2012 (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
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 WITNE S WHEREOF, the GRANTOR has executed this Easement this
day of - 2012.
LOS
i
sL.[ i4.;
William . y.' ...
Date
Carmen Gomez Hargy a 1'RsJ' � Date
l2- t �l — zdr2
Albert Traba Gomez Tx-osr9or Date
(Signatures must be notarized. Notary form attached.)
CITY OF POWAY:
Date
Approved as to Form
Office of the City Attorney
Morg L. F ley Date
M:\C [P_Developmmt\CB' Projects\1744B Fire Protection Upgrades (2009- 2010)Taserx tAEASEMENT 13636 Vim.doc
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 314- 193 -13
VESTING: WILLIAM JOSEPH HARGRAVES AND CARMEN GOMEZ HARGRAVES, AS TRUSTEES OF
THE 1996 HARGRAVES FAMILY TRUST DATED APRIL 19, 1996, AN UNDIVIDED ONE -HALF INTEREST
AND ALBERT TRABA GOMEZ, CO- TRUSTEES OF THE GOMEZ FAMILY TRUST DATED 10/12/2012.
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 GRANT DEED TO JACK J. FRENCH, AN UNMARRIED MAN, RECORDED APRIL 20,
1978 AS FILEIPAGE NO. 78- 157753 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THE SOUTH 20.00 FEET OF THE WEST 80.00 FEET OF THE EAST 278.00 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, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, DESCRIBED IN GRANT DEED TO JACK J.
FRENCH, AN UNMARRIED MAN, RECORDED APRIL 20, 1978 AS FILE/PAGE NO. 78- 157753 OF
OFFICIAL RECORDS,
CONTAINING 1,600 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.
_�z �
MICHAEL L. SCHLUMPBERGER, PLS 7790
DATE
n
\�' No. 7790
of CAL1F _A
EXHIBIT "B"
H 1129 SU11 1149 SE 1149
HE 1/4
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THIS PLAT WAS PREPARED BY ME OR
UNDER MY DIRECTION IN CONFORMANCE WITH
T��ESSIO SURVEYOR'S ACT,
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 Vion Road Esmts.dwg
Job No. 1108- 0043 -02
M
278.00'
to
SEC
�rT 299 7 u 89
W 0119 S 0 111%p
G°30o O 1 9377
I
I
1
SCALE: 1" =100'
I DDENOTES WATER
EASEMENT ACQUISITION
'i SEE SHEET 2.
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
CITY OF POWAY
VESTING: WILLIAM JOSEPH HARGRAVES AND
CARMEN GOMEZ HARGRAVES, AS TRUSTEES
OF THE 1996 HARGRAVES FAMILY TRUST
DATED APRIL 19, 1996, AN UNDIVIDED
ONE -HALF INTEREST AND ALBERT TRABA
GOMEZ, CO- TRUSTEES OF THE GOMEZ
FAMILY TRUST DATED 10/12/2012
DATE: NOVEMBER 28, 2012 1 SHEET 1 OF 2
EXHIBIT "B"
H 1129 SM IN
BE T/44 HE 1149
EEC 12
278.00'
APN: 314- 193 -13 20' WIDE PRIVATE ACCESS
F/P 78- 157753 7 EASEMENT PER BK. 6133,
301, REC. 6/8/1956 O.R.
80.00' ia' annc PPIVnrc errrc�
2853, PG. 71. REC. 6/29/1948 &
8K. 2741, PG. 71, REC.
4/05/1948 BOTH O.R., AND 15'
WIDE PRIVATE PIPELINE EASEMENT
PER BK. 5637, PG. 348, REC.
5/10/1955 & F/P 35492 REC.
3/1/1968 BOTH O.R.
12/31/1969 AS F/P 236810 O.R.
301, REC. 6/8/1956 O.R.
IN DS 19 377
SCALE: 1 " =20'
Fj DENOTES WATER
✓IEASEMENT ACQUISMON
b 1,600 SQ. FT. MORE OR LESS
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
CITY OF POWAY
VESTING: WILLIAM JOSEPH HARGRAVES AND
CARMEN GOMEZ HARGRAVES, AS TRUSTEES
OF THE 1996 HARGRAVES FAMILY TRUST
DATED APRIL 19, 1996, AN UNDIVIDED
ONE -HALF INTEREST AND ALBERT TRABA
GOMEZ, CO- TRUSTEES OF THE GOMEZ
FAMILY TRUST DATED 10/12/2012
DATE: NOVEMBER 28, 201 2 SHEET 2 OF 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of rz.% /c- C 11
Ong LEA E�7�GG�foreme,
Data
personally appeared
PNYLLIS SI9NN
CarprNeeion s 1956215
Notary Publie - California
San Diego County
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17
LiS�t!�Ny A*TA2�-
who proved to me on the basis of satisfactory evidence to
be the personK whose name(§) is/4* subscribed to the
within instrument and acknowledged to me that
he /soe/ti executed the same in his /Itil authorized
capacity((Os), and that by his /Nr /tft)Air signature(S) on the
instrument the person(}, or the entity upon behalf of
which the persorl 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 handand official seal. „
Signature
Place Notary Seal Above �-- Slgnal of N.Irmy Public
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❑ Guardian or Conservator
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Signer Is Representing:
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CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of S
On l i;;i- ) 3 0 1 , -a before me,
personally appeared l ;,�1 c�t,�OS'h�cXgr_tJC° c ci C rM i\GuMeza�xfcti
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).isfa�re subscribed to
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1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
- AIR WITNESS S my ha and official seal. qM
C � O.K CamNaion I 1993533
MoWy PubNe - CsWomis
(Notary Seal) LOS Co" Signature of Notary Public ��
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uo reeamn urrrn vie 10 u t 6uu -513 -9865 vvow.Notaryclasses.eom
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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
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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
Commission # 1934 (�
�� Notary Public - ni California z �X
San Diego County '
M 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 -13
Document Date: 12/14/12
Number of Pages: three, plus exhibits A and B
Signers Other Than Named Above: William Hargraves, Carmen Hargraves, Albert Gomez
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement
dated: December 14, 2012, from William Joseph & Carmen Gomez Hargraves and
Albert Traba Gomez, 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
Seal:
y�
I da A. Troyan, MM , City Clerk
MACIP_Development\CIP Projects \1744C Fire Protection Upgrades (2009 - 2010) \Fasements\certificate of acceptance-
city_Gomez.doc