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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 \h °�Ft NCR o���P00 Wr. 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