Grant of Easement Water Lines & Appurtenances 2000-0680021RECORDING REQUES'I ~:D 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
Tax Parcel No. 323-090-74
323-090-70
DOC 2000-0680021
14, 2000 8:27
O~ICI~L ~C~RI~
~t ~IEGQ ~ I~i~'S QFFIgE
FES: .~
. ~ecorder's Use)
NO DOCUMENT TRANSFER T~ NO FEE
GRANT OF EASEMENT
WE 801-01-403
LEGACY PARTNERS 2078 L.L.C., A DELAWARE Limited Liability Company,
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"),
il 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 t and :ion 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 les in, upon, over, or across the land described
below, together with the right to use th' I, f to GRANTEE's rights-of-
way situated in adjacent lands, without any additional compensation therefor.
The land encompassing th' :is situated in the County of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
THAT PORTION OF LOT 4 IN SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1
WEST OF THE SAN BERNARDINO MERIDIAN, BEING ALSO A PORTION OF
PARCEL 'B' PER CERTIFICATE OF COMPLIANCE AND BOUNDARY
ADJUSTMENT NO. 96-02, RECORDED SEPTEMBER 20, 1996 PER
DOCUMENT NO. 1996-0480626 OF OFFICIAL RECORDS, TOGETHER WITH
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 5750, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER MARCH 31, 1977 AS FILE NO. 77-
118268 OF OFFICIAL RECORDS.
GRANTOR, its heir, 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, and
assigns shall not dig or drill any hole or wells on any portion of th I.
GRANTEE may use all gates and fences, , now or later, cross any portion of the
·ease. ment. GRANTEE shall also be entitle to trim, cut, or clear away or remove any
trees, brush, or other vegetation or flora from time to time as GRANTEE d in
its sole discretion without any addition compensation.
GRANTOR agrees that no otb I or easements shall be granted on, under, or
over th' i without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
piF :her facilities within the boundaries of th I 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, or assigns, provided GRANTEE doe not expand its
use of th l beyond th l boundaries described above.
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR'S heirs, or assigns, shall not increase or decrease or permit to
be increase or decreased the existing ground 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
:1, 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 t J 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
th' l in accordance with its terms.
/
IN WI~I~SS WHEREOF, the GRANTOR has executed this Easement this ~ day
of~ 20 ~.
LEGACY PARTNERS 2078 L.L.C., A DELAWARE LIMITE[3 LIABILITY COMPANY
BY: c~~/~t~~
/Richard H. Simons
Vice President
(Signatures must I:
Notary form attached.)
CALIFORNIA ALL-PURP,*..~E ACKNOWLEDGMENT
~tate of ~. ~
County of ~:) V-O~ '--
On ~ " ~
personally appeared
before me 7
person(,~),
acted,
OPTIONAL
J. lJ
Description of Attached Document
Title or'
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
[] Individual [] Individual
[] []
Title(s): Title(s):
[] Partner-- [] Limited [] General [] Partner-- [] Limited [] General
[] Trustee [] Trustee
[] Other: ~ [] Other: ~
EXHIBIT 'A '
PAR _ 1
NO. 7
PARCEL I
,'3T
,7) MERI '~.~N, B
WA TER EASEMENT
WE 801-01-403
.G ALSO A PO TION OF PA
RAN E
EL 'B' PE C . ,TIF CATE OF
1996 PER
750,
STATE
I 77ASFILE
)LLOWS:
AND LYING 10
FEET;
TO A
90 .47 EET;
TO
)T
158.97
PARCEL 2
FEET;
90 .47 E
478.63
WES , 51.51
WEST, 14
1 3.51
HENCE
113.81 FEET
, T...CE
PARCEL 3
NE, T,
G- NT
TO
17,
O.R.
37.30
TO
PARCEL 4
T; T ENC 'SO
. ~IDLOT4
9- .47 'EE ;
T ~ .E
.48 'E
860.16
CC
M,
PARCEL 4 BEING
,8.
77
TH NC
121. 7 FE ~, 7 -1E E
~ ENCE
SAID
PARCEL 5
13.50
PARCEL 6
34.05
PARCEL 7
PARCEL 8
2184
PARCEL 9
BEGINNING AT SAID POINT 'E' DESCRIBED IN PARCEL 2; THENCE NORTH 01°40'39'' EAST, 15. 52
PARCEL 10
FEET TO THE A
4; 41.28
PARCEL 11
PARCEL 12
4;
PARCEL '13
4;
PARCEL 14
4;
PARCEL 15
4;
PARCEL 16
4; 16,61
2185
PARCEL '17
BEGINNING AT SAID POINT 'M' DESCRIBED IN PARCEL 4; THENCE NORTH 87002'58'' WEST,
FEET TO A POINT OF TERMINUS.
PARCEL 18
FEET TO A POINT OF TERMINUS.
PARCEL 19
4; 42.17
PARKER L.S. 43~12
6-00-04
2186
N
THAT PORtiON OF LOT 4 IN SECtiON 19, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN MERIDIAN,
BEING ALSO A PORtiON OF PARCEL 'B' PER OF AND BOUNDARY
NO 96-02 RECORDED SEPTEMBER 20, 1996 PER DOCUMENT NO. OF OFFICIAL RECORDS,
TOGETHER WITH A PORtiON OF PARCEL I OF PARCEL MAP NO. 5750, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER MARCH ,31,
1977 AS FILE NO. 77-118268 OF OFFICIAL RECORDS..
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE
PARKWAY. I.E. N 88'19'21' W.
ABSE$8OR'S PARCEL NO.
J2J-090- 74 AND
OF SCRIPPS POWA Y
EASEI~ENT INFORMATION
INDICATES ROADWAY AND GENERAL UTILITY EASEMENT GRANTED TO THE CITY OF POWAY
RECORDED JUNE 17, 1999, NO. O.R. SEPTEMBER
,3, 1999, INSTRUMENT NO. 1999-0609871 OR.
INDICATES PUBLIC UTILITY EASEMENT GRANTED TO CITY OF POWAY RECORDED SEPTEMBER 26, 1995,
NO. 1995-0428,362 O.R.
INDICATES ROADWAY AND GENERAL UTILITY EASEMENT GRANTED TO THE CITY OF POWAY
RECORDED JUNE 17, 1999, NO O.R. SEPTEMBER
SCALE:
1"= 200'
DA TE:
,3, 1999, INSTRUMENT NO. 1999-060987,3 O.R.
INDICATES 40' ROAD & PUBLIC UtiLITY EASEMENT RECORDED JUNE 10, 1977 PER
DOCUMENT RECORDED JUNE I0, 1977 AS FILE NO. 77-228206
RONALD C. PARKER L.S. 4,312
WA TERLINE
No. 4512
EXP.
DRN: SK CK: RP
BEYOND ENGINEERING
DA TE
EASEMENT PLA T WE 801-01-405
JOB NO.
........... o~E SLK ""0 .... AGE o 7 OF ~1.
SCRIPPS PO~ Y ~ PARK~A Y
SHEET NO. 3 SEE DETAIL
~ERfl, O~ COMPLiANG'E BiO. ~5'~02
~$EE DETAIL ~' lEE DETAIL 'C'
N
I
I,,r~ SHEET NO. 3 SHEET NO. 3~
DOC. NO.
~r ?.~..-.z~ ~,~' --~~'~
'~ 0 B
SE~ :iON 30 T. 14 &, FL I ~, S~M ' '
GRAPHIC SCALE ~r~ j\]~/I/
200' · 400' 600' 800'
SCALE: 1"= 200'
WA T£RLINE EASEMENT PLA T
SCALE: ~,.1~1~ JOB NO.
1%200' I ~ ~ OITY OF POW^Y
DRN: SK CK: RP
SEE SHEET NO. 4 FOR
DA TA TABLE
ICE 801-01-405
ACE 2 or 4
SEE SHEE[ NO ~ FOR
DA TA [ABLE ~NFOR~A DON
DETAIL 'C' I
2!8~
EXHIS/T '8'
I I
DETAIL '8'
32.5' T2.5' / ~'
~ ~.~ ,,~ iii
' "' /
I ~ ~ k EASEMENT /
~ ~ ~DTH //
DETAIL ~' GRAPHIC SCALE ~ ~ ~
o' 60' ~2o' 180'
SCALE: 1"= 60'
N
SCALE:
1"= 60'
DA
DRN: SK CK: RP
WA TERLINE EASEMENT PLA T
BEYOND ENGINEERING
WE 801-01-403
LEGACY
JOB NO.
SD0599
A;E 5 o~ 4
TABLE
EXHIBIT 'B'
2189
904. 47' 3~ 24. 00'
158. 97' 3~ 23. 60'
S88 '19 '21 "E 4 Z 50' 3(3~ N88 '19 '21 "W 279. 20'
22.50' ~ $92.75'
S88'19'21"E 4Z50' S01'02'08"W 30226'
34. 05' 3~ 295. 43'
S01 '02'08"W 3Z 30' ~ S88'19'2! "E 4. 48'
103.51' ~ N88'I9'21"W 284.69'
48. 23' J~ 392. 33'
1552' ~ N88'19'21"~ 67~01'
28.83' (~ 386.20'
14.57' 4~ S01'02'08"W 288.76'
4Z50' ~ 28.99'
N88'20'42"W 29. 00' N88'57'52"W 26. 92'
56. 24' 4~ 20. 00'
45. J6' 4(~ Z 15'
225. J2' (~) 63. 76'
4 I. 28' 4~ 269. 01'
S88'19'21 "E 160. 88' 4~ 286. 84'
36. 72' 4~ 24. 00'
SOl '42'57"W I0. 00" 5~ 51.51'
206. 89' 5(5~ 15. 50'
48,91' ( 5(~ 21.34'
38.34' 5~ S88'19'21"E 47.50'
38. 00' 5~ 42. 71'
7Z 03' 5~ 1~ 20'
16.61' 5~ 4Z50'
138. 57' 5~ 497. 75'
NBB'I9'21"W 121.17' 5~ S88'19'21"E 38.50"
SCALE:
ATE:
ORN: SK OK: R
WA TERLINE EASEMENT PLA T
BEYOND ENGINEERING
· E 801-01-405
LEGACY
JOB NO.
$D0599
ACE 4 Or 4
2190
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
December 4, 2000 from LEGACY PARTNERS 2078 L.L.C., a
Delaware Limited Liability Company, to the City of Poway, a political corporation
and/or ~ Iai 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 grant ls to recordation thereof by its
duly authorized officer.
Dated:
December 11, 2000
Lori Anne Peoples, City Clerk