Grant of Easement - Water 2015-0017351RECORDING REQUESTED BY
CITY OF POWAY
p AND WHEN RECORDED MAIL TO
01f
APN:
DOC# 2015 - 0017351
Jan 14, 2015 03:47 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr .
SAN DIEGO COUNTY RECORDER
FEES $0.00
PCOR N/A
(This Space for Recorder's
GRANT OF EASEMENT
Water
Seventh Day Adventist W109 -526
The undersigned grantor(s) declares:
Documentary Transfer Tax Is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Southeastern California Conference of Seventh -Day Adventists, a California corporation
(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, 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:
PLAT
11111=i \r
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.
CITY CLERK
CITY OF POWAY
P.O. BOX 789
N
POWAY CA 92074
APN:
DOC# 2015 - 0017351
Jan 14, 2015 03:47 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr .
SAN DIEGO COUNTY RECORDER
FEES $0.00
PCOR N/A
(This Space for Recorder's
GRANT OF EASEMENT
Water
Seventh Day Adventist W109 -526
The undersigned grantor(s) declares:
Documentary Transfer Tax Is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Southeastern California Conference of Seventh -Day Adventists, a California corporation
(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, 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:
PLAT
11111=i \r
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 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this_' i day of
pp ,4
Southeastern California Conference of Seventh-Day Adventists
By:
Its:
By:
Its: Secretary
Approved as to Form:
Office of the City Attorney
Morg L. olei , City ttorney
M: \engseMC1app \Esmnt\SeA Water.doc
Date
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 314- 132 -07
This is to certify that the interest in real property located in the City of Poway conveyed rb)yyy th
.� e
Deed or Grant of Easement described in the attached document dated: �L OtC 0 0 from
Southeastern California Conference of Seventh -Day Adventists, (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: S CITY OF POWAY
Seal: By: ( v
shim R. Cobian, CIVIC, City Clerk
EXHIBIT "A"
PUBLIC WATER LINE EASEMENT
SEVENTH DAY ADVENTIST CHURCH
LEGAL DESCRIPTION
PAGE 1 OF 2
APN 314 - 132 -07
THE LAND DESCRIBED HEREIN IS A STRIP OF LAND 20.00 FEET WIDE, BEING
A PORTION OF PARCEL 2 OF THE CITY OF POWAY TPM 02 -01, ACCORDING
TO PARCEL MAP THEREOF NO. 19176 FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER MARCH 12, 2003, LOCATED IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2, THENCE
ALONG THE EAST BOUNDARY THEREOF, NORTH 00 "19'20" EAST 1.48 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 1.48 FEET NORTHERLY OF
THE SOUTH BOUNDARY OF PARCEL 2, NORTH 88 °3516" WEST 16.00 FEET TO
THE WESTERLY RIGHT -OF -WAY OF POMERADO ROAD, 101.00 FEET WIDE,
DEDICATED PER DOCUMENT RECORDED MAY 13, 1965 AS FILE NO. 86009,
OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE, NORTH
88 °35'16" WEST 262.19 FEET; THENCE NORTH 01 °2444" EAST 28.13 FEET;
THENCE NORTH 46 02444" EAST 19.14 FEET; THENCE SOUTH 43 °35'16" EAST
20.00 FEET; THENCE SOUTH 46°2444" WEST 10.63 FEET; THENCE SOUTH
88 °35'16" EAST 179.64 FEET; THENCE NORTH 00°19'19" EAST 194.65 FEET;
THENCE NORTH 89 04041" WEST 14.00 FEET; THENCE NORTH 00 °19'19" EAST
20.00 FEET; THENCE SOUTH 89 °40'41" EAST 14.00 FEET; THENCE NORTH
00 °19'19" EAST 43.84 FEET; THENCE NORTH 89 °40'14" WEST 32.00 FEET TO
THE BOUNDARY OF PARCEL 2 AND THE EASTERLY RIGHT -OF -WAY OF
HALPER DRIVE; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY THE
FOLLOWING COURSES: NORTH 00 °19'13" EAST 15.50 FEET AND NORTH
30 038'37" WEST 5.25 FEET; THENCE LEAVING SAID EASTERLY RIGHT -OF-
WAY, SOUTH 89 04014" EAST 54.70 FEET; THENCE SOUTH 00 °19'19" WEST
278.87 FEET; THENCE SOUTH 88 °35'16" EAST 42.01 FEET TO SAID WESTERLY
RIGHT -OF -WAY OF POMERADO ROAD; THENCE ALONG SAID WESTERLY
RIGHT -OF -WAY, SOUTH 00 °19'20" WEST 20.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS I2,119 SQUARE FEET OR 0.2782 ACRES OF LAND, MORE OR LESS.
EXHIBIT "A"
PUBLIC WATER LINE EASEMENT
SEVENTH DAY ADVENTIST CHURCH
LEGAL DESCRIPTION
PAGE 2 OF 2
APN 314- 132 -07
AS SHOWN ON EXHIBIT `B ", ATTACHED HERETO, AND BY THIS REFERENCE
MADE A PART HEREOF.
DATED THIS Z 'F=S DAY OF 44 ,>e 2012.
a
Mmo
DR 12/31/12
DONALD ROY CURRY, L.S. 7846
EXP. 12/31/12
�PQ
�PQ
EXHIBIT 'B'
PUBLIC WATER LINE EASEMENT
SEVENTH DAY ADVENTIST CHURCH
PLAT
PACE 1 OF 1
APN 314 - 132 -07
POMERADO ROAD
EASEMENT FOR COLNTY HIGHWAY, P.O.B.
PER DOC. REC. MAY 13, 1965, SE COR. L
FILE NO. 86009, O.R. ' PARCEL 2 /
42.01'
S68'35' 16 "E
I 227�88.
6 Ln NOO'19'19 "E 194.65'
L4SLOPE EASEMENT PER DOC. REC. APR.
1 18, 1960, FILE W. 79747, O.R.
L9 r
PARCEL 2
HALPER PM 19176
DRIVE -�
1k�
I
I
I
I
i \
I \
I \
I \
I \
I \
I 1
LINE TABLE
LINE
BEARING
DISTANCE
L1
N00'19'20 "E
1.48'
L2
N88'35'16 "W
16.00'
L3
N89'40'41 "W
14.00'
L4
N00'19'19 "E
20.00'
L5
S69'40'41 "E
14.00'
L6
NOO'19'19 "E
43.84'
L7
N89040'14 "W
32.00'
L8
NOO'19'13 'E
15.50'
L9
N30038'37 "W
5.25'
L10
SOO'19'20 "W
20.00'
I 1
I \ EASEMENT FOR PEDESTRIAN ACCESS
— J 1 PER PM 19176
— � — — D LAND 3
. �DRor,"
SCALE 1 "= 60'
GRAPHIC SCALE C Q�
EXP. 12/31/10
(` ]Bl
OF a
20
� 4
v
v
b . tp b vl
�g yo
_v
0i
N01'24'44 "E
28. 13'
x10
�PQ
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of I [ t
On before me,
personally appeared
I L.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies). and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. RR
I1
RICHARD WILLIAM 03 "7ON
Commission ♦ 2038897
fficial seal. Notary Pubhc CalNania
Riverside County
Canrn.Ex ices Y8 P017
INman .r,i ,
nalmc of Nmm� ('ubla
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
SC
(Title or descnpuon of allached dictatorial
(Title or descnpion of attached document corrtmuedl
Number of Pages Document Date
(Adduvenal nlorouunn)-
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
QV Corpora le Officer
I "title)
❑
Partner(s)
❑
Attomey -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CA] 'A s I: 11)(17 1411)-871-9X65 wisin NoWnClassescom
INSTRUCTIONS FOR COMPLETING THIS FORM
Anse atknouledgrnenr completed in Calfarntu maul tmlaus verbiage exactly as
appears above in rise rotary aeonon so a separuee w-knordedgnrent frsrns must be
properly considered and mouthed to tlur document The mu), exception is if a
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an4mnrledgmem verbiage as mat he Pointed an sm* a docuarenr so hog as the
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•'e Indicate title or type ofaltached document, number of pages and dale
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CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Cal rnia
County of Vtver4 . _
On before
personally appeared ti
Insert name and
who proved to me on the basis of satisfactory evidence to be t ic4rson(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to file that he /shc /they executed the same in his /her /their authorized
eapacity(ies), and that by his /her /their signature(s) on the instrument the person(s). or the entity upon Wmall(d
which the person(s) acted, executed the instrument.
certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct
WRICHARD WILLIAM HARRIsON
Commission ♦ 2038897
W NESS I hand al I official seal. Notary Public - California z
Riverside County
Comm. Ea trn A 26, 201) —
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF 1 -I I ATTACHED DOCUMENT
rn nfull:whed dra'umcan
1 I nir or dcw'npton of:madud dcumcm continued)
Numberof Pages _ ___ t Date_
(Addmmpro
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
yipi - corporate Officer
ir1c)
❑ Partner(s)
❑ Attorney -in -Fact
O Trustee(s)
❑ Other,__,_
2008 Version C•APA ,12 1007 $00-873-9865 www.N,aw,oClasces.com
INSTRUCTIONS FOR COMPLETIN(i THIS FORM
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moot alsa for dx cane dale Ihr whim drdwreat is completed
• The nutan public msut Vital his in her naive as it appears within his at her
comnnsslnn fall&)%" by a comma and then your title (nnmry public).
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nmantrtion
• Indo,we the ...rrml singular or plural forms by crossing on Incorrect fomrt (, c
Wshelihe7r is /pre ) or circling the correct forms failure to correctly indicate tins
information may lead to rejection of document recording.
to 'the notary seal impression most be clear and phulograplucally ropnducible
Impression most not cover test or lines If seal impression smudges, re-seal if a
sufficient area pennils. othennse complete a different acknowledgment form
• Slgnamre rtHlic noun, public must match the signature on file with the office of
the county clerk
•? Additional information is not required but could help In ensure the
acknowledgment is not misused or attached Inn different document
• Indicate title or t}'pc of attached document, number of pages and dale.
• Indicate the copa:u9 claimed by the signer. If the dammed capacity is a
corporate officer, indicate the title It e CEO, CFO. Secretary)
• SL'cunde 11(301 INS docunnm 1(I the srene,f Ir Vllllnl