Grant of Easement Water Lines & Appurtenances 2000-0406176RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
2685
900 $ 2000-0406176
Au~ 01, 2000 8:12 A~
176
Tax Parcel No. 317-810-05
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
( ER LINES & APPUR'I'
WE 801-01-354
WHW Enterprises, LLC, a California Limited Liability Company (hereinafter "GRANTOR(S)")
hereby grant to CITY OF POWAY (hereinafter "GRANTEE") ii 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, repair, :t use a pipeline or pipelines for any and all purposes, together
with such fixtures and appurtenances, including, but not limited to, facilities for power
purposes, at such I J upon, along,
over and under the right-of-way described in Exhibit "A" as GRANTEE may now or hereafter
its sole d' :hout any additional compensation therefor, together with
the right of ingress and egress from th l 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:
ALL THAT PORTION OF LOT 28 OF CITY OF POWAY TRACT NO. 87-13 UNIT 1,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE RECORDER'S
OFFICE OF SAID COUNTY ON FEBRUARY 8, 1990.
GRANTORS, their heirs, J assigns shall not erect : or permit to be
erected :t 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 ' :~ assigns shall not dig or drill any hole or wells
on any portion of th l.
- 2686
GRANTEE may use ail 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 3out any additional compensation.
GRANTORS agree that no oth
th' I without obtaining the prior writt
lall be granted on, und
I of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pil: :her 1' :hin the boundaries of th : 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' heirs, or assigns, provided GRANTEE does not expand its use of
th l 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 be increased 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 disp ~ 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 t terpret 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 d
GRANTORS expressly warrant and represent that GRANTORS have the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTORS h
of '~,~ 20 o o
.1 this Easement this ..~' day
WHW Enterprises, LLC
A California Limited Liability Company
(Sig : b :1.
Notary form attached.)
2687
& : nia
Cou nby San Diego
2000
pe~onall¥ appeared
Donna J. Conlin, Notary Public
Walters
to be the person(s) whose name(s) is/are
the within ac-
the same in
capacity(les), and that by
signature(s) ,,
or the entity upon behalf of which the
person(s)
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] LIMITED
[] GENERAL
[] TRUSTEE(S)
SIGNER IS REPRESENTING:
None
CAL
County
DATE
W No. 5193
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
to be the person(s) whose name(s) is/are
subscribed to the within ac-
the same in
capacity(les), and that by
signature(s) ',1,
or the entity upon behalf of which the
person(s)
T~TLE(S) [] LIMITED
[] GENERAL
[] TRUSTEE(S)
[] OTHER:
SIGNER IS REPRESENTING:
2655
WATER EASEMENT
EXHIBIT A
EA 00-~9
UBLI U "EASE
i' 1, l Y
EREO N .1 56,
T FOR WATER F'"",L S ND
LOT 28 Of CITY
COUNTY Of STATE OF
O C OF
TOGETHER WITH THE
87-13
TO MAP
ON FEBRUARY 8,19g0, THE
AID ,..AST 13 n. OF E
ID nT, BEING RU POINT CE
O
8, B N A POIN . , · C O 434. 0 F T AD
WES
S U °49'0" WE T 37
8 4 ' 0'E,
Lt E O THE
RADI' S CUR ~
22. FEET LO EN -,
T; T CE ~, 7°1 0 W T, 20.00 E
.0
3 . FEET, B ~NG AP I , N A C
^VE P
1 00 FEET
S I EA TERLY LI
· SAID
U E CONCA.
T
SA "'
N RT
NC
A
T EAR ORTH
A
A IT
TERL, 3.
TH c
H
O T
U VE,
lNG A
343 ., FO ~' 'e U V NCAVE HE RADI"
0°5 3 , 52. F ET; THEN R"
RVE ,., C v
G A CE ,,~, 'N °27'55", A NCE F 7. FE
D URV , Ob ,~ 9" W T, 33. FE TO TH EA L'
~ O B I GAPO
TH
NG HE ARC O "ID CU ~, ~GH
. ~ THE ABOVE 13.
A 4 50 -- RADIUS C
EA
ID
-H
F 0° '42', A
ET TO
F T SAID 28, ~NG A
CAVE THE
2689
/
R=29.50' \
L=50.,
EXHIBIT 8
STOWEDRIVE
!07'28
0
SCALE:
2690
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
July 24, 2000 from WHW ENTERPRISES, LLC, a California Limited Liability
Company, to the City of Poway, a political corporation and/or g :al 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: July 31, 2000 By.~Rt.~ (~ ~.~ ']~ /
Lori Anne Peoples, City Clerk