Grant of Easement Water Lines & Appurtenances EA 02-15 2003-0956303RECORDING REQUESVD BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
\�( No transfer tax due
C� Tax Parcel No. 275 - 460 2f
and 314 - 370 -36
9469
DOC ? 2003 - 0956303
AUG OBa 2003 9 :JL0 AM
OFFICIAL RECORDS
SAM DIEGO COMITY RECORDER'S OFFICE
GREM J. SMITH, COIAITY RECORDER
FEES: 0.00
OC: HA
111111 VIII VIII VIII II!I 111111 Ilill VIII VIII VIII VIII VIII IIII IIII
2003 - 095@303
(This space for Recorder's Use
NO DOCUMENT TRANSFER TAX NO
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
EA 02 -15
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
03 -1 ILl )
I -ol (-(q
9470
approval of the City owoway as evidenced by the sigeure 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. s��
IN WI f� ES$ WHEREOF, the GRANTOR has executed this Easement this V4 day
of / 12003.
THE ROMAN CATHOLIC BISHOP OF SAN DIEGO,
A CORPORATION SOLE �
By: / �l �lG� X:e
0
Wengsm \eng foms\Easements \gam of easement EA 02- 15.doc
(A471
CALIFORNIA ALL -PURR ACKNOWLEDGMENT •
State of l QIk Vitimi a
County of [l n U p ( f=
On 23 before me, mPSS/x PWne � ,,aLAwti ,
Dale./ Name aral 7919 of Office, (e.g.,'Jare, Doe, Notary Puble) 1 personally appeared appeared A` -o -xin im
f9ersonally known to me - OR -
VANESSA ELNE MC AULIF
FE
Cssommion:1371454
Notary Public - California
San Diego County
My Corrlm. Expires Sep 14.2006
a agnanaf
whose n a m bscribed to the within Ins rument
and acknowle g�e that- h/tpey-executed the
samp in g /their authorized capacityoesrand that by
signatures) on the instrument the person(s},
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
4/aduz/1'e-
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
Title or Type of Document: C -TMIA+ 4LCO42PtM1I04
Document Date: 0q ns r 3 gic)C3 — Number of Pages:
Signer(s) Other Than Named Above: �/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: w 1i j u A 1JI,
T
■
■
■
■
■
■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
IS
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
O 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Pak GA 913(19-7104 Prod No 5907 Reorder: Call Toll -Free 1- 800 -876 -6827
• 9472 •
EXHIBIT "A"
EA 02 -15
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 OF SAID LOT, NORTH 02 007'41" EAST A DISTANCE OF
67.01 FEET; THENCE NORTH 00 °57' 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 296.64 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, NORTH 87 054'35" WEST A DISTANCE OF
40.80 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHWESTERLY
THROUGH A CENTRAL ANGLE OF 27037'18" AN ARC LENGTH OF 72.31 FEET TO THE
BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 170.00 FOOT, A LINE
RADIAL TO SAID POINT BEARS SOUTH 25 °31'53" EAST; THENCE ALONG THE ARC
OF SAID CURVE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 23 043'37" AN
ARC LENGTH OF 70.40 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH
01 048'16" EAST;
THENCE NORTH 14 009'55" WEST A DISTANCE OF 35.34 FEET; THENCE NORTH
86 004'05" EAST A DISTANCE OF 13.72 FEET; THENCE SOUTH 06 °31'50" EAST A
DISTANCE OF 4.89 FEET; THENCE NORTH 83 °28'10" EAST A DISTANCE OF 10.00
FEET; THENCE SOUTH 06 °31'50" EAST A DISTANCE OF 10.00 FEET TO THE
BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
LINE RADIAL TO SAID POINT BEARS SOUTH 08 026'27" EAST; THENCE ALONG THE
ARC OF SAID CURVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF
05 011'16" AN ARC LENGTH OF 13.58 FEET; THENCE NORTH 13 °37'43" WEST A
DISTANCE OF 6.64 FEET; THENCE NORTH 66 °48'53" EAST A DISTANCE OF 9.27 FEET;
0 9473 0
THENCE SOUTH 23 011'07" EAST A DISTANCE OF 7.92 FEET TO THE BEGINNING OF A
150.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A LINE RADIAL TO
SAID POINT BEARS SOUTH 17 037'34" EAST; THENCE ALONG THE ARC OF SAID
CURVE NORTHEASTERLY THROUGH A CENTRAL OF 07 054'19" AN ARC LENGTH OF
20.70 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 170.00
FOOT, A LINE RADIAL TO SAID POINT BEARS NORTH 25 031'53" WEST; THENCE
ALONG THE ARC OF SAID CURVE NORTHEASTERLY THROUGH A CENTRAL
ANGLE OF 27 037'18" AN ARC LENGTH OF 81.96 FEET; THENCE SOUTH 87 °54'35"
EAST A DISTANCE OF 40.40 FEET TO SAID EASTERLY LINE OF SAID LOT; THENCE
ALONG SAID EASTERLY LINE SOUTH 00057'16" WEST A DISTANCE OF 20.00 FEET
TO THE TRUE POINT OF BEGINNING.
SAID WATER EASEMENT CONTAINS AN AREA OF 0.094 ACRES MORE OR LESS.
2
BY: r--
J1914WN EARDENSOHN, L.S. 5278
Y LICENSE EXPIRES 12- 31 -03)
DATED: Aq
MONTE
VISTA i
SI TE CASA
AVENID
ROBER
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CIA 74
EXHIBIT "B"
EA 02-15 --- - ----- - J.
e R�' SEE DETAIL 'A'
TWIN PEAKS RD `� N8754 '35 "W
VICINITY MAP JJJ 40.40'
NOT TO SCALE I `% C5
Li
N14 09'55 "W C1
35.34' C2 I 40.80'
N01_48-16 —w�R I N875435 "W
T r�ri r'r l N25'31'53 "W _C
PAIJ, 433.5
LOT l%lr„' rr' PLI rl r
Ad 01 -01
INSTRUMENT NO. 2 0 02 - 02 9 3324 O.R. 5 ��
L1
_r 4
C 3 \ - A)
N08.26,27 -W�R�
DETAIL 'A' Nes '02'44"W 98'
NOT TO SCALE
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS
C1
27*37'18"
72.31'
150.00'
C2
23'4337"
70.40'
170.00'
C3
05'11'16"
1358'
150.00'
C4
0754'19"
20.70'
150.00'
C5
27*37'18"
81.96'
170.00'
N88'13'24 "W 69300'
W
0
;0 v
otg
o�
2
�u
e}_1�
00
C `O
s L
PPJJjjJ�jjJJ�� INDICATES WATER ��� fri (✓
Lil /1/1] EASEMENT DEDICATION
AREA: 0.094 ACRES P J111 fl J J J
Latitude 33
Planning and Engineering
4933 Paramount Dr. 2nd Fir.
Dan Diego, Ca. 92123
858- 751 -0633 Fax 858- 751 -0634
y� 4,
SEE EA 02 -14 o i�
IRREVOCABLE OFFER OF o° °N o
DEDICATION FOR ROAD �i 2
PURPOSES RECORDED
- - - - - -- AS INSTRUMENT NO.
-- -------- - - - - -- O.R.
Noo57'1s E DETAIL 'B'
20.00' NOT TO SCALE
TRUE POINT OF BEGINNING
� Q
O
0)
N O
W Q
� Q
iO
yn
0 L-Q
o
2
O
SCALE: 1"--80'
LINE TABLE
LINE
LENGTH
BEARING
L 1
13.72'
N86'04'05 "E
L2
4.89'
N0631'50 "W
L3
10.00'
N8378'10 "E
L4
10.00'
N0631'50"W
L5
6.64'
N133743 "W R
L6 1
9.27' 1
N66 4853 "E
L7 I
7.92' I
N23'11'07 "W
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
ASSESSORS PARCEL NUMBERS:
275 - 460 -26, 58 & 314 - 370 -36
H:\ 400 \496 \EXHIBITS \WATERESMT2.dWg 3/10/2003 4 :21 :15 PM PST
� 9475 �
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: Aijgl SY 5, 2n03 CITY OF POWAY
Wengsery \eng forms \Easements \certificate of acceptance -city EA02- 15.doc