Grant of Easement Water Lines & Appurtenances 2000-0385353RECORDING 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. 278-461-20
DOC 2000-0
)
) Jul 21, 2000 B:10 AN
)
) ~ DIEGO CSNTY RE[F~21ER'B OFFIOE
) (~EGORY J. 8MIT~, (]SD(TY REOORI)B~
) FEES:
) 00:
O0
GRANT OF EASEMENT
\TER LINES & APPUR1
WE 801-01-401
NO FEE
HR POWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY (hereinafter"GRANTEE")
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 1 and lion 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 th ~
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 th' Ils situated in the County of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
ALL THAT PORTION OF LOT 37 OF CITY OF POWAY TRACT 84-08 IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12044, FILED IN THE
OFFICE OF THE COUNTY RECORDER APRIL 16, 1998 AS FILE NO. 88-
177346, OF OFFICIAL RECORDS.
GRANTOR, its heirs, :1 assigns, shall not erect : or permit to be
erected :1 any building, ~rovement 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 l.
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, .¢ .¢ trees,
brush, or other vegetation or flora from time to time as GRANTEE d in its sole
~, additional compensation.
GRANTOR agrees that no otb t ts shall be granted on, under, or
over th' 3out obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pip :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 does not expand its use
of th beyond th boundaries described above.
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's
h ' 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 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 to an
award of all attomey'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
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR h
of ~--~/~/ 20 ~(~ ,
/
represents that GRANTOR has the power to grant this
'l this Easement this '~7~ day
HR POWAY, LLC
a California Liability Company
B~ ~ " Its
(Signatures must b
Notary form attached.)
2522
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
the same in
capacity(ies), and that by
signature(s)
or the entity upon behalf of which the
person(s) acted,
OPTIONAL SECTION
CAPACITY CLAIMED 8Y SIGNER
[] INOIVIOUAL
[] [JM(TED
[] TRUSTEE(S)
[] OTHER:
SIGNER IS REPRESENTING:
AL[. ~
CAPACITY CLAIMED BY SIGNEt
County
OATE
[] INDIVIDUAL
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
Ihe same in
capacity(ies), and that by
signalure(s} on the instrumenl the person(s),
or the entity upon behatf ot which the
person(s) acted,
[] LIMITED
[] GENERAL
[] TRUSTEE(S)
[] OTHER
SIGNER IS REPRESENTING:
E) 'A'
CITY OF POWAY TRA
THAT PORTION OF LOT 37 OF CITY OF POWAY TRAC~ MAP 84-08, [N THE CITY OF POWAY,
COUNTY ~
16, 1985 88-177346, OF OFFICIAL
CORNER OF SAID LOT 37, SAID
THE TRUE
2. 25.00
3. 10.00
4. 5.00 FEET
; THENCE LEAVING SAID
LINE
TO A CORNER ON THE LINE OF
SAID LOT 37, SAID POINT ALSO BEING THE
MOST CORNER OF LOT 38 PER
SA1D MAP NO. 12044; TI-IE~CE ALONG THE
AND38
HARVEST~
OF A
CURVE CONCAVE
OF
RAD1US
A
NORTH
OF-WAY
THROUGH A CElqTRAL ANGLE OF 03007'42''
Miff~ ~.
L.S. 7443
LIC. EXP. 06/30/02
1OF1
EXHIBIT 'BI'
LOT 37
i~AT~R LIN£ EAS~I~
WESO 1-01-401
SHEET I OF I SHEET
2524
/
A,/ \
CITY
56
OF
? 0 WA Y
SEE DETAIL.~"~ i__
O' W^TER
HE EASEMEHT
EDIO^TED HEREOH
.2308 AC,
-AD AND U~LITY
SEMENT PER DOC.
C. 1/4./89 AS FILE
· 89-0034.55, O.R.
58
TRACT
N59'39'O5"W
/
/
N59*39'O5'W ~ "~ "~ ~'
~.oo' DETA/L
N.T.$.
RIVA'rE DRAINAG
*SEMEHT PER 0 C.
LC. 1/4./89 AS ILL
O. 89-0034.53, .R.
J\/JA ? s¥-oa
LI
SE ENT PER DOC,
_C.8 /3/89 AS FILE
-231927, O.R./
PRIVATE DRAINAGE
EASEMENT FOR'R-IE
USE& BENERT OF
LOT 37
A=03'07'42'
~ "' J\/JA ? NO ,
L=20.64~.
11925 CA/IF LORENZAN4 LS. 744.:7
EL CAJON, CALIFORNIA 92019
I 2044
45
CERTIFICATE OF ACCEPTANCE
252.5
This is to certify that the interest in real property conveyed by the deed or grant dated
y/ "~ o,~ from HR POWAY, LLC, a California Limited Liability
-
Company, to the City of Poway, a political corporation and/or g 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:
Lori Anne Peoples, City Clerk