Grant of Easement for Water 2014-0027907RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY. CA 92074
D o iC ## 201 4 - 0027907
1111111 IIII IIII IIIII IIIII IIII II II IIIII Itlll IIIII IIIII IIIII II IIII
JAN 22, 2014 9:45 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emesl J. Dronenbwg, Jr., COUNTY RECORDER
FEES: 0.00
OC. NA
PAGES: 10
Tax Parcel No. 314 - 193 -13 (For Recorder's Use Only)
GRANT OF EASEMENT FOR WATER
(No Documentary Transfer Tax Due)
William Joseph Hargraves and Carmen Gomez Hargraves, as Trustees of the 1996 Hargraves
Family Trust, dated April 19, 1996 as to an undivided one -half interest, and Albert Traba
Gomez, co- Trustees of the Gomez Family Trust dated October, 12, 2012 as to an undivided
one -half interest (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 'V, 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,ialong, 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, upori, 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
IN 00-5
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 WITNESS WHEREOF, the GRANTOR has executed this Easement this &
day of 2013.
1996 Hargraves Family Trust dated April 19,1996
''4ii,,
By William
By Carmen Gomez Hargraves (Trustee)
Gomez Family Trust dated October 12, 2012
Date
.) d
Date
By Albert Traba Gomez (Trustee) V - Date
(Signatures must be notarized. Attach Notary form.)
LC . — —Jk- � n w -,c)
CITY OF POWAY:
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Date
L3
Approved as to Form
Office of the City Attorney
Morgan
5- aJoy�'-O 13
Date
MACIP_Devera.b�mmt \CIP Projects \1744C Fim Protection Upgrades (2009- 2010)\Easements\Meter EASEMENT-13636 Vian.doc
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CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of �� N C' S
On (I�fL4 /I3 before me, CNte�,c�as� >� �etv cs�
personally appeared t" T61-c iI \A Gc)m
who proved to me on the basis of satisfactory evidence to be the person(,Kf whose names) isKare subscribed to
the within instrument and acknowledged to me that Ae/Sf t ey executed -the same in hisf lieflfheir authorized
capacity(ies), and that by hisfIfertheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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.
AMIE RICHARDS
WITNESS and and official seal. commission N 1993533
Notary Public - California n
Los Angeles County
(Notary Seal) My Comm. Expires Nov 6. 2016 ,
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
C
bC'c�h't' 0� IS e-Me� r
(Title or description of attached document)
C�1 c-
(Title or description of attached document continued)
3 +kN� `l r.. 5
Number of Pages3 Document Date l r 1(-4113
(Additional information)
CAPACj�Y CLAIMED BY THE SIGNER
�
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
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L� before Me,
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-u Notary Public - California i
San Diego County
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who proved to me on the basis of satisfactory evidence to
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WITNESS my han nd.official sea
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STATE OF CALIFORNIA
COUNTY OF -SAN DIEGO
On January 9, 2014 before.me, Carol S. Legg, Notary Public, personally appeared Penny
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I certify under PENALTY OF "P.ERJURY under the laws of the State of California that the
foregoing paragraph is.frue,and correct.
WITNESS my hand and official seal.
CAROL S. LEGG �/�',� D `Xn
Commission # 493forni (/ Ki
a -m Notary Public - California i
i San biego Codnty
My Comm. Expires Apr.28, 2075 Carol S. Legg, Notary Public
OPTIONAL
Title or type of document: Grant.of Easement for Water, APN 314 - 193 -13
Document.Date: November 14, 2013
Number of Pages: 3
Signers Other Than Named Above: William Joseph Hargraves, Trustee, Carmen Gomez
Hargraves, Albert Traba Gomez..
EXHIBIT "A"
LEGAL DESCRIPTION
AM 314- 193 -13
VESTING: WILLIAM JOSEPHMARGRAVES AND CARMEN GOMEZ HARGRAVES, AS TRUSTEES OF
THE 1906 HARGRAVESTAMILY 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 DEEDTO JACK J. FRENCH; AN UNMARRIED MAN, RECORDED APRIL 20,
1978 AS FILE/PAGE NO. 78- 157753 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
TH&SOUTH 25.00 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
POW^ COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO'UNITED STATES
G0VERNMENTSURVEY, APPROVED NOVEMBER 19, 1880, DESCRIBED IN GRANT DEED TO JACK J.
FRENCH, AN UNMARRIED MAN, RECORDED APRIL 20, 1978 ASFILE/PAGE NO. 78- 157753 OF
OFFICIAL RECORDS.
EXCEPTING THEREFROM THE EAST 75.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE SOUTH 20.00 FEET THEREOF.
CONTAINING 25 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.
MICHAEL L. SCHLUMPBERGER, PLS 7790
O&lze5l1' ZS, Lo /3
DATE.
AND SU9\
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No. 7790 6.
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THIS PLAT WAS PREPARED BY ME OR;
UNDER MY DIRECTION IN CONFORMANCE WITH
ESSI�LAND SURVEYOR'S ACT:
Oc�ai er ZSf Le/ j
MICHAEL. L. SCHLOMP.BERGER, _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 Rood Esmts.dwg
Job No. 1108- 0043 -02
O
y.f
SCALE: 1"=100'
DENOTES WATER
EASEMENT ACQUISITION
SEE .SHEET Z.
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: OCTOBER 25, 2013 . SHEET 1 OF 2
I
I
EXHIBIT "B"
I
SCE 1/49, HE IN
SEC 12
278.00'
I
APN: 314 - 193 -13
F/P 78- 157753
80.00' i
I
75.00'
I
0 o
M AN ROAD
q
I
I
20' WIDE CITY OF POWAY
WATER PIPELINE EASEMENT
REC. 12/27/2012 AS DOC.
2012- 0817271 O.R.
301. REC. 6/8/1956 O.R.
15' WIDE PRIVATE ACCESS
EASEMENT RESERVED IN 8K.
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 BK. 5637, PG. 348, REC.
5/10/1955 & F/P 35492 REC.
3/1/1968 BOTH O.R.
5' WIDE PACIFIC TELEPHONE &
TELEGRAPH EASEMENT REC:
12/31/1969 AS F/P 236810 O.R.
301, REC. 6/8/1956 O.R.
Ras .19 377 DENOTES WATER
EASEMENT ACQUIS_IT10N
25 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'
SCALE: 1 " =zo' FAMILY TRUST DATED 10/12/2012
DATE: OCTOBER 25, 2013 SHEET 2 OF 2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement
dated: November 14, 2013, from William Joseph & Carmen Gomez Hargraves and
I
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: HO- IN CITY OF POWAY
Seal:
By: XXl�.1� 6e �1Cflf�N`
Sheila R- Cobian, CIVIC, City Clerk
MACIP_DevelopmerrACIP Projects \1744C Fire Protection Upgrades (2009 - 2010) \Easements\certificate of acceptance-city—Gomez
meter.doc