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Grant of Water Easement 2014-0250212F- �- rpo `N G {aijy RECORDING REQUESTED BY: _ CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 D O C# 201 4- 025021 2 111111111111111111111111111111111111111111111111111111111111111111 II JUN 17, 2014 12:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 7 lillll IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII for Recorder's GRANT OF WATER EASEMENT The undersigned grantor(s) declares: Documentary Transfer Taxis $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) I WTW Properties, Inc., a Wyoming Corporation (hereinafter "GRANTOR "), hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the easement and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline and pipelines and appurtenances thereto, 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 easementAby 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: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A ", AND PLAT EXHIBIT "B" MADE A PART HEREOF) 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, 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. GRANTEE may at any time increase its use of the easement, change the location of facilities I within the boundaries of the easement right -of -way, or modify the size of improvements as it may I`i-Oss Grant of Water Easement/ APN: 278- 240 -01 Page 2 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 ofthe above- described easement that,exist 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 auth rity to make this determination. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this day of �n .M e� 12014. OWNER: WTW Properties, Inc. Date: OLO aol Frank R. Polinski Its: F Cg's i d e�') e By: a ,QA- — Date: (J1 101 a o 11 Pamela Polinski Catrambone Its: Secretary (Signature Must Be Notarized) Approved as to Form: Office of'the City Attorney Date: l IuLyefi lei Morga L. le ,City ttorney M:(.CngseNNLand DeveluGrnen[ Pn>jecs 207 i.G1 1-0000 WTW Pioperties%VVater Easernent.Docx ALL- PURPOSE State ofrCalifornia County of On Date p ally appeared _ PATRICIA S. O'SULLIVAN Commission # 2058865 `z •° Notary Public • California Z z .. zz San Diego County My Comm. Expires Mar 22, 2018 New Notary Seal Above CML CODE S 1189 ra who proved to me on the basis of satisfactory evidence to be the personN whose name(s), is/aV subscribed to the within instrument and-acknowledged to me that he /sheet y executed the same in hisRlik/thair authorized capacity(i4), and that by his/herf(heir signature on the instrument the person(d 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. WITNESS my hand and official seal. Signaturela ,U W A_X1 sign re of Notaq Pubrc 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 loanother document: Description of Attached Doc um t Title or Type of Document: t�t.lA.J 2i/Ylp. Nt k Document Date: Signer(s) Other Than Named Above: Capacity(les)R^la-imed by Ig�n$r(s). Si er'sNameaJrLLI/1L1�. _ T CX rporate OFficerr Titles . ❑ Individual C7 Partner.— ❑ Limited '❑ General Top of thumb'here ❑ Attorney in Fact ❑ Trustee — ❑ Guardian or Conservator az ❑Other:, � Signer Is Representing:i:' Number of Pages:- Signer's Name: CI Corporate Officer — Title(s): • Individual • Partner — ❑ Limited ❑ General Top'oi thumb Hare • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing 0 2010 National Notary Aaaoclal on • NallonalNotery.org • 1 .8MUS NOTARY (1- 80o-870,827) Item 05907 County of // 1 On /LI/1�E /�, 7P/—/'before 'me, AIZ L/f personally appeared PHYLLIS SHINN Commission #-1956215 Notary Public - Ciiifornia' San Diego County, @Mg Comm. Expires Nov 9, 2015 Place Notary Seal Above who proved'to me on the basis of satisfactory evidence to be the person(�),.whose name(l is/aWsubscribed to the within instrument and acknowledged to me that 1}6 /she/t* executed the same in I'ys/her/tfikk authorized capacity(io, and that by *tter/t* signature(4on the instrument the person(}, or the entity upon behalf of which the person(i) 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 nd official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: ' 0.71101" Document Date: 4f &E Z Signer(s) Other Than Named Above: Capacity(ies):Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — TitleliO — ❑ Partner — ❑.Limited ❑,General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association RIGHTTHUMERRIN_ T -OFSIGNER' Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited" ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CA 9131 &2402 -v NationalNotaryotg Item #5907 S� EXHIBIT 'A' WATER EASEMENT APN 278 - 240 -01 ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 02 °05'01" WEST ( NORTH 02 °05'01" EAST RECORD of SURVEY No. 5058) 89.37 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 65 008' W' EAST 72.77 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF AN EASEMENT FOR WATER STORAGE RESERVOIR AND PIPELINES RECORDED MAY 23, 1967, AS FILEWAGE 67- 072894 OF OFFICIAL RECORDS, HEREINAFTER REFERRED TO AS COURSE L2; THENCE ALONG SAID SOUTHWESTERLY EASEMENT LINE AND THE SOUTHERLY PROLONGATION THEREOF, SOUTH 25 037'59" EAST 20.36 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION OF SAID SOUTHWESTERLY EASEMENT LINE, SOUTH 61 035' 14" EAST 6.19 FEET; THENCE SOUTH 28 024'46" WEST 5.00 FEET; THENCE NORTH 61 °35' 14" WEST 10.36 FEET TO AN INTERSECTION WITH A LINE LYING 20.00 FEET, SOUTHERLY OF AND PARALLEL WITH, THE ABOVE MENTIONED COURSE L2; THENCE PARALLEL WITH SAID COURSE L2, SOUTH 65008'W- WEST 76.70 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE ALONG SAID WESTERLY LINE, NORTH 02 005'01" EAST 22.44 FEET TO THE POINT OF BEGINNING. CONTAINS 1,602.22 SQ. FT. MORE OR LESS PREPARED BY: %,J- I. A 4 & a 12-/10 t 4 Frederick R. LePage, PLS 7524 EXH,IB.IT 'B' WATERLINE EASEMENT PLAT APN 2.78 - 24'0 - - -01 APN 278- 300 -69 APN 278- 300 -71 9Q REMAINDER OF EASEMENT VACATION �® P.O.C. NW CORNER OF THE SE 1/4 OF THE BEING A PORTON.OF 'THE FORMER , EX. EX. 20' WIDE ROAD 8 UTIL ESMT" E 1/4 OF SEC. 32 T13S RIM SOM N89 °42'57 " -W 205.01' F/P 80-058016.O.R•_(] _ S _._.._ ._.._.._.._.._.._.. -• R0g0• /D�f © j 1 2 1 mo 0 r 0 O 0 j O \ VI O1 ti N 0 2 N P. 0.8. N ID a � - 46 0 4 O Z N I ry EASEMENT I 0. N J 1 o • w i t N 3;Vi j 1 1 EASEMENT INFORMATION �t ROAD EASEMENT RECORDED 342441.959 IN BOOK.7564 PAGE 481 O.R. I 02 EASEMENT FOR,.WATER STORAGE RESERVOIR RECORDED 5/23/1967, AS:I.NST. No'. 67= 072894 O.R. Q SDGBE'EASEMENT'FOR PUBLIC UTILIT�IES'.RECORD,ED 8/2G/1975'.AS:F:/P No: 75- 228753 O.R. SDGBE'.'EASEMENT FOR-PUBLIC UTILITIES RECORDED 2/15 /797,8:. -AS F/P No. 78- 067746 O.R. QS EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. RECORDED 2/,20 %1980 AS F/P 80- 058016.0.R. - Q EASEMENTi'WATER FACILITIES. POWER `LINES.RECORDEO.10 /5' /199b'AS -CDC. No. 1.990- 0548749 0_.R.. ID QUITCLAIM DEED (EASEMENT VACATION)-RECORDED 6/70 /2004.AS,000 No. 2004- 054T490,.O.R. Q EASEMENT: WATER STORAGE. AND ACCESS RECORDED 6 /.10/2004 AS..DOC. No.'`2004.054149'i'O.R. (] ROAD EASEMENT -PER PARCEL i -OF. C.O.C. RECORDED 12/9/1974 AS�F %P No. 74,320390 O.R. F ROAD EASEMENT PER. PARCEL 3 OF C.O:C. RECORDED T2 /9/1974 'AS' F/P No. 74 320590 D. R. AN-.EASEMENT FOR WATER PIPE PIPES GRANTED. T& HIGH VALLEY MUTUAL WATER CO MP,ANY,RECOROEO 6/15/1950 IN BOOK_3661. PAGE 37.7.AN0 DEEO,RECOROEO 6/15/1950 IN BOOK 3661, PAGE 382' BOTH OF D.R.. THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT.. DISCLOSED OF RECORD 'ONpI LAryO_ WATER EASEMENT- o � �'� q DATE.: 3/11/14 I N A PORT ION OF THE SE 1./'4 OF THE SE 1/'4 of SEC. 3.2 T °13'5 R'tw S'BM SCALE: 1" = 40' 0I.MENS'lDNS* LAND SURVEYING 8 MAPPING NO. 7524 BY:IFRL P.O.. B'O'X 279b RAMON,A. CA 92065 Sl4,Ff Cp1,1F0�a`p SHEET t OF l PH 760 '525 -1975 .t.leDoge @.cox.n -et DATA N0: ,. L`t_ 502 °05, Ot "W .89.37' .CS- 520 °29':46 -':W' 5.00' 'L2.,:N65 °08 "t4 "E•72.7'7' l6` N61. °35'4,n "w70.36' �L3 .525.'37'59 "E 20.36'.: ,L7' 565 °,08'74 ".W 76.70' -L4 .561, °35'74 "E6. 79" ' "L8 NO2° -05'01 "E 22':44 CERTIFICATE OF ACCEPTANCE Grant of Water Easement APN: 278 - 240 -01 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in the attached document dated: 0I urte 4 01OIN from WTW Properties, Inc., a Wyoming 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. Dated: (o' 19ly CITY OF POWAY Seal: By:u Ait(�i (S IN Sheila R. Cobian, CMC, City Clerk