Grant of Easement Water Lines & Appurtenances 2000-0432148RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
No ~
Tax Parcel No. 320-030-31&32
321-031-28&29
2000-0432148
Au~ 15, 2000 8:41 AH
OFFICI~ RECOPJ~
8~N DIEEO _m__!qY I~[(ZR~ER'8 OFFICE
FES: ' O0
NO DOCUMENT TRANSFER TAX
GRANT OF EASEMENT
F~4 00-08
NO FEE
Kenneth Earl Walker & Dorothy H. Walker, '[ :ler agreement dated June 21, 1988
for the benefit of Kenneth Earl Walker & Dorothy H. Walker.
C. E. Grindle & Marian A. Grindle, husband and wife, as j as to a portion. Carl
E. Grindle & Marian A. Grindle, as under the Grindle Family Trust dated
December 6, 1993, as to a portion.
Country Ridge Estates, LLC, A California Limited Liability Company, as to Parcels A, B, C,
D and E and Tim J. C unmarried man, as to Parcel F.
Country Ridge Estates, LLC, A California Limited Liability Company, as to Parcel F; and Tim
J. Connole, an unmarried man, as to the remainder;
(hereinafter "GRANTOR(S)") hereby grant to CITY OF POWAY (hereinafter "GRANTEE")
its or assigns, the following described easement for a right-of-way in, upon,
over, under and across the lands described in Exhibit "A" and as 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 t and purposes, at such locations and
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 th l by
a practical upon, over, or across the land described below, together with
the right to use th' l for access to GRANTEE's rights-of-way situated in adjacent
lands, without any additional compensation therefor.
The land encompassing th' t is situated in the County of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
2665
ALL THAT PORTION OF SECTION 5 AND SECTION 6, TOWNSHIP 14
SOUTH, RANGE 1 WEST, IN THE CITY OF POWAY, STATE OF CALIFORNIA AND
THAT PORTION OF PARCELS 2 AND 3, IN THE CITY OF POWAY, STATE OF
CALIFORNIA, ACCORDING TO PARCEL MAP NO. 17914 RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
GRANTORS, their h ' :1 assigns shall not erect :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 City Engineer on an approved
plan. GRANTORS, their h ' :t assigns shall not dig or drill any hole or wells
on any portion of th
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
d :hout any additional compensation.
GRANTORS agree that no otb
th' l without obtaining the prior writt
lall be granted on, und
l of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pip :her t' :hin the boundaries of th t right-of-way, or modify the
size of existing pip :her improvements as it may determine in its sole discretion
from time to time without paying any additional compensation to GRANTORS or
GRANTORS' h ' or assigns, provided GRANTEE does not expand its use of
th t beyond th t boundaries described above.
It is also understood and agreed by the parties that the GRANTORS and the GRANTORS'
heirs, or assigns, shall not' d permit to b :1 or
decreased the existing ground : 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 disl~ g this Agreement, whether or not litig :1,
or if any arbitration proceeding, administrative proceeding or litigation in law or in equity,
including an action for declaratory relief, is brought )ret the p ' '
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.
GRANTORS expressly warrant and represent that GRANTORS have the power to grant this
easement in accordance with its terms.
~_~TNESS WHEREOF, the GRANTORS h
~ ~ ,2000.
:1 this Easement this
~day of
Kenneth Earl Walker and Dorothy H. Walker, Trustees under agreement dated June 21,
1988 for the benefit of Kenneth Earl Walker and Dorothy H. Walker.
Kenneth Earl Walker, Trustee
(S~g · b
II~/VITNESS ~HEREOF, the GRANTORS
~ ~ ~I ,2000.
· Walker, Truste6
Notary form attached.)
-lthis Easement this ~ dayof
C. E. Grindle and Marian A. Grindle, husband and wife, as joint I to a portion. Carl
E. Grindle and Marian A. Grindle, as ' under the Grindle Family Trust dated
December 6, 1993, as to a portion.
//~/~-~Carl E. Grindle, Trustee Marian A. Grindle, Trustee
(Signatures must b :1. Notary form attached.)
IN-VVlTNESS WHEREOF, the GRANTORS h
~) ~- 2000.
:1 this Easement this ~ day of
Country Ridge Estates, LLC, A California Limited Liability Company, as to Parcels A, B, C,
D and E and Tim Connole, an unmarried man, as to Parcel F.
(Signatures must b
Tim J. ,~nnole
:1. Notary form attached.)
IN/.~VVITNESS WHEREOF, the GRANTORS h
~ ~ 2000.
this Easement this ~ day of
Country Ridge Estates, LLC, A California Limited Liability Company, as to Parcel F; and Tim
J. Connole, an unmarried man, as to the remainder.
(Signatures must
Tim J.
:1. Notary form att~a~hed.)
26?0
~ 515
CAPACITY CLAIMED BY SIGNER
to be the pemon(s) ~ose name(s) is/are
~e ~in ' a~
CAROL J. CONNOLE
C0mm.#1203842 .~
~'X'~i~SanDieg°C°unt¥':. I
the same in
capacity(les), and that by
signature(s) , ~,
or the entity upon behalf of which the
person(s) acted,
{~ TRUStEE(S)
[] OTHER:
SIGNER IS REPRESENTING:
;ABFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County
CAROL J. CONNOLE
Comm. # 1203842
gab Diego County
to be the person(s) :s) is/are
subscribed to the within instrument and ac-
"~ the same in
{~ capacity(ies), and that by
'~. signature(s) , i,
or the entity upon behalf of which the
person(s) acted,
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] PARTNER(S) [] IJMITED
[] GENERAJ_
[] TRUSTEE(S)
[]
SIGNER IS REPRESENTING:
SE(
W
2671
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
the same in
capacity(les), and that by
signature(s)
or the entity upon behalf of which the
person(s) acted,
CAPAC
[] TRUSTEE(S)
[] OTHER:
SIGNER IS RE
)N ~
BY SIGNER
[] LIMITED
[] GENERAL
OPTIONAL SECTION
CA 9130~
5ALIFORNIA ALL-PURPOSE ACK ~
CAROL J. C- NNOLE
Comm, # 12 .'~842 ~
}
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
the same in
), and that by
signature(s) on is),
or the entity upon behalf ct which the
person(s) acted,
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] PARTNER(S) [] LIMITED
[] GENERAL
~TRUSTEE(S)
SIGNER IS REPRESENTING:
OPTIONAL SECTION
2672
WALKER & GRINDLE
THE CITY
EXHIBIT "A"
SHEET I OF 2
EA - 00 - 08
APN 321-030-31 & 32
A STRIP OF LAND 20 FEET WIDE, MEASURED AT RIGHT ANGLES, LYING WITHIN SECTION 5 AND
SECTION 6, 14 SOUTH, RANGE 1 WEST, IN THE CITY OF POWAY, STATE OF
THE CE
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, PARCEL MAP NO. 17914, RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE NORTH 89° 09' 53"
WEST ALONG THE NORTH LINE OF SAID PARCEL 2 16.52 FEET TO THE TRUE POINT OF
BEGINNING, THENCE NORTH 37° 57' 40" EAST 128.71 FEET, THENCE NORTH 15° 08' 37" EAST 176.37
FEET, THENCE NOR, EAST 175.02 FEET, THENCE NORTH 15° 08' 37' EAST 62.26 FEET
TO THE SOUTHEASTERLY PROJECTION OF A LINE PARALLEL WITH AND 30.00 FEET
SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF HIGH VALLEY ROAD,
SAID CENTERLINE BEING NORTH 29° 51' 23" WEST 150.63 FEET, THENCE ALONG SAID SOUTHERLY
PROJECTION WEST 123.34 FEET, THENCE ALONG SAID PARALLEL LINE NORTH
29° 51' 23" WEST 150.63 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG SAID CURVE 31.31 FEET
THROUGH A CENTRAL ANGLE OF 10° 33' 03' TO THE SOUTHEAST LINE OF A 20-FOOT WIDE WATER
EASEMENT TO THE CITY OF POWAY RECORDED APRIL 12, 2000 AS FILE NO. 2000-0185623.
THE SIDELINES OF SAID 20-FOOT STRIP TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE IN THE SAID SOUTHEAST LINE OF 20-FOOT WIDE WATER EASEMENT AND THE NORTH
LINE OF SAID
AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO.
I. Walsh, PLS 7006 Date
EXP. 9-30-01
2673
CONNOLE AND COUNTRY RIDGE ESTATES
VIENT
THE CITY
EXHIBIT "A"
SHEET 2 OF 2
EA - O0 - 08
1-28 & 29
THAT ORTION OF PARCELS 2 AND 3, IN THE CITY OF POWAY, STATE OF CALIFORNIA,
ACCO DING TO PARCEL MAP NO. ' RDED IN THE OFFICE OF THE COUNTY RECORDER
OF SA DIEGO COUNTY, DESCRIBED AS
A STRIP OF LAND 20 FEET WIDE, MEASURED AT RIGHT ANGLES, THE CENTERLINE THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING At THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE NORTH 89° 09' 53" WEST
ALONG THE NORTH LINE OF SAID PARCEL 2 16.52 FEET TO THE TRUE POINT OF BEGINNING,
THENCE SOUTH 37° 57' 40' WEST 29.86 FEET, THENCE SOUTH 15° 27' 40' WEST 97.89 FEET TO A
POINT HEREINAFTER REFERED TO AS POINT "A", THENCE SOUTH 15° 27' 40" WEST 54.35 FEET,
THENCE S 40' WEST 126.75 FEET TO A POINT ==FERRE ,31NT
"B', THENCE SOUTH 60° 27' 40' WEST 22.07 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "C', THENCE SOUTH 60° 27' 40' WEST 5.00 FEET TO THE POINT OF TERMINUS.
OF SAID 20-FOOT WIDE STRIP TO BE SHORTENED OR
TERMINATE IN SAID NORTH LINE OF PARCEL 2.
SO AS TO
TOGETHER WITH A STRIP OF LAND 5 FEET WIDE, MEASURED AT RIGHT ANGLES, THE CENTERLINE
THEREOF DESCRIBED AS FOLLOWS:
BE ' SAID POINT "A', THENCE NORTH 7 --ST 10.00 FEET TO THE TRUE POINT
OF BEGINNING, THENCE NOR WEST 5.00 FEET
TOGETHER WITH A STRIP OF LAND 10 FEET WIDE, MEASURED AT RIGHT ANGLES, THE
CENTERLINE THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT aB', THENCE SOUTH 29032, 20" EAST 10.00 FEET TO THE TRUE POINT
OF BEGINNING, THENCE SOUTH 29032, 20" EAST 11.59 FEET.
TOGETHER WITH A STRIP OF LAND 10 FEET WIDE, MEASURED AT RIGHT ANGLES, THE
CENTERLINE THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "C", THENCE NOIq
OF BEGINNING, THENCE NORTH 29032, 20" WEST 10.00 FEET.
AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO.
· sh 7006 Date
EXP. 9-31-01
10.00 FEET TO THE
2674 -
2675
26?6
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
, from Kenneth Earl Walker & Dorothy Walker,
I :ler agreement dated June 21,1988 for the benefit of Kenneth Ead Walker
& Dorothy H. Walker; C. E. Grindle & Marian A. Grindle, husband & wife, as joint
1' to a portion, Carl E. Grindle & Marian A. Grindl :ler the
Grindle Family Trust dated December 6, 1993, as to a portion; Country Ridge
Estates, LLC, a California Limited Liability Company, as to Pamels A, B, C, D, and
E and Tim J. Connole, an unmarried man, as to parcel F; Country Ridge Estates,
LLC, a California Limited Liability Company, as to Parcel F; and Tim J. Connole, an
unmarried man, as to the remainder; 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 g to recordation thereof by its
duly authorized officer.
Dated: 11, 2000
Lori Anne Peoples, City Clerk