Grant of Easement Water Lines & Appurtenances 2000-0557231RECORD'lNG REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
N
Tax Parcel No. 317-270-55
2813
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)
DOC :It 2000-Obb '31
Oct 17, 2000 10:20
OFFIOI~. RECSI~)S
~ I)IF.~O ~ 1~I2,1)ER'80FFI~
~ J. SMITH, ~ ~ RE~FJ~
F[ES: .00
2 00
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
WE 801-01-350
DANCO, LLC, a California Limited Liability Company, (hereinafter "GRANTOR") hereby
grants to CITY OF POWAY (hereinafter "GRANTEE"), its or assigns, the
following described easement for a right-of-way, in, ul: :ler and across the lands
described in Exhibit "A," and depicted in Exhibit "B," to erect, construct,
replace, rep ' :1 use a pipeline or pipelines for any and all purposes, together
with such fixtures and appurtenances, including, but not limited to, facilities for power
:1 purposes, at such I :1 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
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 th' : is situated in the County of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 17815, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON JANUARY 22, 1997.
GRANTOR, its heirs, :1 assigns shall not erect or construct or permit to be
erected -1 any building, 3rovement 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.
2814
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, y y trees,
brush, or other vegetation or flora from time to time as GRANTEE d in its sole
y compensation.
GRANTOR agrees that no otb
over th' 3out obtaining the p '
ts shall be granted on, under, or
= GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pip :her facilities within the boundaries of th l 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 h ' or assigns, provided GRANTEE does not expand its use
of th I beyond th I boundaries described above.
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's
heirs, or assigns, shall not' d permit to b i 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
i, 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 :1 represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR h
of :~eo"7~, ~' 20~:>
:l this Easement this / ~ :lay
DANCO, LLC /?// y
A CALIFORNIA L~VIITED LIABILITY COMPANY
William W. Crawford Jr.
(Signatures must be notarized.
Notary form attached.)
CALIFORNIA ALL-PURPOSE ACKNOW
State of C l, ~
County of ..~c~-
before me
personally appeared ~ ,]
2815
person(s)
acted,
¥(ies),
OPTIONAL
Description of Attached Document
Title or
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
ALL
COUN
FEET
281o
LEGAL DESCRIPTION
OF PARCEL 2 OF PARCEL MAP N . 1781 IN THE CITY OF POWAY,
OF SA DEIG- , STATE OF CALIFORNIA,
OF AN D GO COUNTY JANUARY 22, 19 7, BEI' A STRIP OF LAND 20.00
N WlDT LYIN 10.00 FEET ON EACH SID OF A D PARALLEL WITH THE
AT THE CORNER OF SAID SAID CORNER BEING A
POI T ON THE LINE OF (65.00 ~;
P" T THENCE LEAVING S^ D
LIN ALONG AID BEING A LINE 31.64 F ET AND PARALLEL
WITH THE INE OF SAID PARCEL 2, NORTH 0°07'31'' EAST 12.50 FEET TO A
POINT TO AS POINT "A"; THENCE NORTH
0°07'31" EAST 2.00 FEET TO A POINT TO AS POINT "B";
THENCE NORTH 0°07'31'' EAST 116.00 FEET; THENCE NORTH 89°52'29"
WEST
THAT PORTION LYING WITHIN THE PUBLIC UTILITY
17815.
THE OF SAID STRIP OF LAND SHALL BE OR
AT
ALSO: AT ABOVE
POINT "A"; THENCE SOUTH 89°52'29" EAST
ABOVE
POINT "B"; THENCE NORTH
THAT PORTION LYING WITHIN THE PUBLIC UTILITY
17815.
PARCEL
t0 u - -
I
31.64'
EXHTBTT "B"
DRAINAGE EASEMENT
PER DOC. NO. 1998-
034756~ REC. 6/9/98
DRAINAGE EASEMENT
PER DOC. NO. 1998-
0248043 REC. 4/30/98
PARCEL 2
P.H. ~7815
UTILITY EASEMENT PER
DOC. NO.
REC. ,0/28/98
CENTERLINE DATA
8.91 ~1 15' .-~ T--~o~ PUBLIC UTILITY EASEMENT PER
~,"'~ -'" _J._ J ~ P.M. 17815 AND AN EASEMENT
[ ~ [ ~ ~ IN FAVOR OF PACIFIC BELL
~ ~./~2.00' // RECOROEB 9/6/9J AS SOC. NO.
KZRKHAM NAY ~
i "=20 '
T i2/09/98
WATERLINE EASEMENT
WE 801-0i-350
SPEAR &
CIVIL
~5 E.
(780) 7:)7-?272
PLAT
: ~ 97-
AI'~3 LAND SURVEYING
FAX (760)7'37-?274 PAGE i OF
DANCO , LLC
_. Late~date (
31,
IX]
[ ]
2050
2818 -
State of California
ISiH Jones
;JSecreta~ of State
LIMITED
ARTICLES OF ORGANIZATION
~,NT - Read
.ompany Act.
.'aliro rnia '
LLC-I
:ode.
which is
Skip Item 5
5,
City:
[ ]
13370
POWAY
WAY
[ ]
· (check one)
Zip Code: 92064-7117
ix ]
Date: 30
19 98 .'
FILED
In the office of the Secreh~y of ,~M~
of the State of California
DEC O ~ 1998
~l[.t JO~E$, Secretar,/of
2819
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in mai property conveyed by the deed or grant dated
tember 19, 2000 from DANCO, LLC, a California Limited Liability
Company, to the City of Poway, a political corporation and/or g 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:
October 10, 2000
By: : J2
Lori Anne Peoples, City Clerk