Grant of Easement Water Lines & Appurtenances 2000-0385358RECORDING REQUESTED 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
APN 317-810-12
2539
DOC 2000-0
2000 8:25 AM
~J 0385358
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
801-01-363WE
WIL lES R.
HJ
(hereinafter "GRANTOR") hereby grants 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 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 t :t appurtenances, including but not limited to, facilities
for power I and Iion purposes, at such locations and elevations, upon,
along, over and under the right-of-way described below 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 t by a practical reute or reutes in, upon, over, or
across the land described below, together with the right to use th' l f to
GRANTEE'S rights-of-way situated in adjacent lands, without any additional compensation
therefor.
The land encompassing th' I is situated in the City of Poway, County of San Diego,
State of California, and is more particularly described as follows, to wit:
LOT 35 OF CITY OF POWAY TRACT NO. 87-03, UNIT 1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12556 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, FEBRUARY 8, 1990.
Said easement of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
GRANTOR, its heirs, :1 assigns shall not erect or construct or permit to be
erected or constructed, any building, 3rovement or plant any tree or trees or
plant any other vegetation or flora within said easement without the express written approval
25 10
of the City of Poway as evidenced by the signature of the City Engineer on an approved plan.
GRANTOR, its heirs, :1 assigns shall not dig or drill any hole or wells on any
portion of th t.
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 .V trees,
brush, or other vegetation or flora from time to time as GRANTEE d in its sole
d ~out any additional compensation.
GRANTOR agrees that no otb ~all be granted on, under, or over
th' l without the prior written consent of GRANTEE.
GRANTEE, may at anytime increase its use of th l, change the location of pipelines
or other facilities within the boundaries of th l 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 GRANTOR or GRANTOR'S heirs,
or assigns, provided GRANTEE does not expand its use of th t 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 ' d 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 ' :1,
or if any arbitration proceeding, administrative proceeding or litigation in law or in equity,
including an action for declaratory relief, is brought 1: )ret the p ' '
peff : th' I, 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.
WITNESS WHEREOF, the GRANTOR has executed th'
this [ day of
,MILY TRUST
William.A. Rice, Tr~ee
Sayokd/Rice, TrU"ste~
~T
J~//~es R. ia rt m a n ,...T_L.u ste ef)
"Christine G. Rartrh_~'~
(Signatures must b :1, Notary form attached)
County
25 1
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) b
or the entity upon behalf of which the
person(s) acted,
AIMED BY SIGNER
TOtE(S) [] UMffEO
[] GENERAL
[] TRUSTEE(S)
[]
[] OTHER:
SIGNER IS REPRESENTING:
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
-- i
the same in
capacity(les), and that by
signature(s) I,
or the entity upon behalf of which the
person(s) acted,
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] TRUSTEE(S)
[] OTHER:
SIGNER IS REPRESENTING:
OPTIONAL SECTION
CERTIFICATE OF ACCEPTANCE
2542
This is to certify that the interest in real property conveyed by the deed or grant dated Jt~ne 21.
2000 from
political corl: c~
agent on behalf of the City Council
on January 20, 1981 and the ~
;R.
to the City of Poway, a
:hority conferred by Resolution No. 34 adopted
~ation thereof by its duly authorized officer.
By:
~Lol:ri Anne Peoples, City Clerk
EXHIBIT "A"
2543
That portion of Lot 35 of City of Poway Tract 87-13 Unit 1 in the City of Poway,
County of San Diego, State of Calil' :ling to map thereof No. 12556
filed in the office of the County Recorder of San Diego County on February 8,
1990, as File No. 1990-072267 of Official Records more particularly described
as follows:
Beginning at the Northeast corner of said Lot 35 of said Map 12556; thence
along the Northerly line of said Lot 35 South 84°32'00" West, 10.00 feet to a
point in a 1465.50 foot rad' Westerly, said point also being a
point in the Easterly line of an existing 10 foot general utility easement per said
Map 12556; thence Southerly along the Easterly line of said easement along the
arc of said curve through a central angle of 00°28'55" a distance of 12.32 feet to
the TRUE POINT OF BEGINNING; th ~ along the arc of said curve
through a central angle of 01 °05'41" a distance of 28.00 feet; thence, leaving the
Easterly line of said easement South 84°32'00" West, 148.03 feet; thence South
39°32'00" West, 33.66 feet; thence North 50°28'00" West, 20.00 feet; thence
North 39°32'00" East, 41.94 feet; thence North 84°32'00" East, 153.20 feet;
thence North 05°28'00" West, 8.00 feet; thence North 84°32'00'' East, 3.00 feet
to the TRUE POINT OF BEGINNING.
Easement area = 0.09 acres
RONALD C. ASHMAN, L.S. 5249
EXPIRES DECEMBER 31, 2003
LOT ~7
P.O.B. ,
N84'32'OO"E 198.09' I0.~'----~ ~ A = 00'2855"
,,~' ..,e'-- N84'32'00"£ 153.20'
~WW,~,,~/~--~....~-~-~..~~~ R = ~5.50?
GRAPt-IIC SCALE