Grant of Easement Water Lines & Appurtenances EA 02-13 2003-0956302RECORDING REQUEAD BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
G POWAY CA 92074
No transfer tax du@, 6
Tax Parcel No. 275 - 460 -2
and 314 - 370 -36
9463
DOC 1 2003-0956302'
AUG 00, LOO.=, 9 : TO AM
2GD3 -0958302
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
OC: NA
pace for Recorder's Use
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
EA 02 -16
The Roman Catholic Bishop of San Diego, A Corporation Sole, (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, together with such fixtures and appurtenances including, but
not limited to, facilities for power transmission and communication 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 County of San Diego, State of
California, and is more particularly described as follows, to wit:
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4335, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 26, 1975, AS FILE NO. 75- 365820 OF OFFICIAL
RECORDS, EXCEPTING THEREFROM THAT PORTION CONVEYED
TO THE CITY OF POWAY IN DEED RECORDED SEPTEMBER 13, 1996
AS FILE NO. 1996- 0466250 OF OFFICIAL RECORDS AS SHOWN ON
THE LOT MERGER PER PLAT M 01 -01 IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL 9,
2002, AS DOCUMENT NO 2002 - 0293324 OF OFFICIAL RECORDS.
GRANTOR, its heir, 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
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9464
approval of the City o9koway as evidenced by the sigoture 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
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, 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 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.
IN WIT d$SS W EREOF, the GRANTOR has executed this Easement this , day
of 2 . , 2003.
THE ROMAN CATHOLIC BISHOP OF SAN DIEGO,
A CORPORATION SOLE
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M:\engsem \eng forms \Easements \grant of easement EA 02 -1 G.doc
(1465 0
CALIFORNIA ALL -PURR ACKNOWLEDGMENT
State of P. a Ittdulit-
County of ";/2-11 n i IM c,
On 01 �� 2b� T before me,VatkeS�c r.l��nu_ AAcA.�l.4Cr l��I"
Dale Na am Title of Ott a (e g- .'Jane Doe. Notary ubi /
personally appeared
signer(s)
personally known to me – OR – to be the person(s)
whose name(s� -, r subscribed to the within instrument
and acknowl ged to me that -heo! /they executed the
same in4gsAteriltreir authorized capacity(ies), and that by
RVANES7&A EL=AULFFE hi s /her /their signature(e}on the instrument the person(r),
Ciss or the entity upon behalf of which the person(s) acted,
NoPuexecuted the instrument.
San Dic ' Eq WITNESS my hand and official seal.
/_- i.
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to parsons 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: C t%afht n-� �czS�WLC rl�
Document Date: 4 193).36103 Number of Pages:
Signer(s) Other Than Named Above: IL (a
Capacity(les) Claimed by Signer(s)
Signer's Name:
■
100
Individual
Corporate Officer
Title(s):
Partner — ❑Limited ❑General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
W i v nerwnal notary As lauon • UH Hemmet Ave., PO. Box 71N • Canoga Park. CA 91309 -7160 Prod. No 5907 Reorder Call Toll -Free 1- 600 - 676-682]
0 9466 0
EXHIBIT "A"
EA 02 -16
LEGAL DESCRIPTION
WATER EASEMENT
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4335, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 26, 1975 AS FILE NO. 75-
365820 OF OFFICIAL RECORDS, EXCEPTING THEREFROM THAT PORTION
CONVEYED TO THE CITY OF POWAY IN DEED RECORDED SEPTEMBER 13, 1996 AS
FILE NO. 1996- 0466250 OF OFFICIAL RECORDS AS SHOWN ON THE LOT MERGER
PER PLAT M 01 -01 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER
ON APRIL 9, 2002 AS DOCUMENT NO. 2002 - 0293324 OF OFFICIAL RECORDS AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT MERGER; THENCE
ALONG THE EASTERLY LINE, NORTH 02 °07'41" EAST A DISTANCE OF 67.01 FEET;
THENCE NORTH 00057'16" EAST A DISTANCE OF 85.45 FEET; THENCE SOUTH
89 002'44" EAST A DISTANCE OF 3.98 FEET; THENCE NORTH 00'57'16" EAST A
DISTANCE OF 512.43 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, NORTH 87 054'35" WEST A DISTANCE OF
39.87 FEET; THENCE NORTH 02 °05'25" EAST A DISTANCE OF 25.00 FEET; THENCE
SOUTH 87 054'35" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 02 °05'25" WEST
A DISTANCE OF 5.00 FEET; THENCE SOUTH 87 °54'35" EAST A DISTANCE OF 29.48
FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID LOT; THENCE
SOUTH 00 057'16" WEST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF
BEGINNING.
SAID WATER EASEMENT CONTAINS AN AREA OF 0.019 ACRES MORE OR LESS.
BY:
#EA
DENSO HN, L.S. 5278
NSE EXPIRES 12- 31 -03)
DATED: t %2 103
EXHIBIT "B
EA 02 -16
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INSTRUMENT NO. 2002 - 0293324 O.R.
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TRUE POINT OF BEGINNING
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SCALE: 1" =100'
MAINDICATES WATER
EASEMENT DEDICATION
AREA: 0.019 ACRES
POINT OF BEGINNING
SOUTHEAST CORNER
LOT MERGER PLAT M 01 -01
OWNERS.
THE ROMAN CATHOLIC BISHOP OF
SAN DIEGO, A CORPORATION SOLE
ADDRESS: 15546 POMERADO ROAD
POWAY, CA 92064
PHONE NO.: (858) 487 -4755
ASSESSOR'S PARCEL NUMBERS.
275 - 460 -26, 58 & 314 - 370 -36
H:\ 400 \496 \EXHIBITS \WATERESMTI.olwg 3/10/2003 4:20:16 PM PST
• 9468 r
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: April 23, 2003 from The Roman Catholic Bishop of San
Diego, A Corporation Sole, 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: August 5 2003 CITY OF POWAY
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Wengsery \eng forms \Easements\certificate of acceptance -city EA02- 16.doc