Grant of Easement Water Lines & Appurtenances 2000-0290062RECORDING REQUESTED BY:
CiTY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
DOC 2000-0290062
Jun 02, 2000 8:28 AH
DFFICIAL RE[DRI)~
~A~ DIE~] [~DNIY RED(TJ)ER'S OFFICE
Tax Parcel No. 317-270-44
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
WE 801-01-382
POMERADO LEASING NO. 5, LP, a California Limited Partnership, (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 t and Non 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 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' :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 89 OF CITY OF POWAY TRACT NO. 85-04
UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, ACCORDING
TO MAP THEREOF NO. 12572, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
FEBRUARY 28, 1990.
GRANTOR, its heirs, d assigns shall not erect or construct or permit to be
erected ~ed any building, structure or improvement 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
GRANTEE shall also be entitled to trim, cut, t y trees,
brush, or other vegetation or flora from time to time as GRANTEE d in its sole
discretion without any additional compensation.
GRANTOR agrees that no oth l or
over th' : without obtaining the prior writf
3all be granted on, under, or
: 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 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 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
t, or if any arbitration proceeding, administrative proceeding or litigation in law
or in equity, including an action for declaratory relief, is brought t' pret 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 has executed this Easement this /q Jay
of /~ 20 0o
POMERADO LEASING NO. 5, LP
A CALIFORNIA LIMITED PARTNERSHIP
(Signatures must be
Notary form attached.)
aBy: ' CIo~~ General
Partner
cALIFORNIA
ALL-PURPC ; ACKNOWLEDGMENT
On m~ ~
personally appeared
CAR~ A, ~$
Comm.# ~ m5 ~
Sin Oiq ,,d,
~ signature'S)
person~O
acted,
WITNESS
OPTIONAL
Description of Attached Document
Title or'
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
[] Individual
[]
~tle(s):
[] Partner -- [] Limited [] General
[]
[] Trustee
(~ Other:
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
Signer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
On /"( .2?_~.~oo before me '~'~'
Date
personally appeared '~¢z..v~'¢~' .,~,
to be the person~"~ whose name,(.~ is/ace-
subscribed to the within instrument and
executed
the same in authorized
capacity.(-ie~, and that by
signature.(.9~ ~ or
the entity upon behalf of which the person,(~'
acted,
OPTIONAL
Title or
Signer(s) Other
[] Individual
[] Title(s):
[] Partner -- ~ Limited L~ General
[]
L~ Trustee
[]
EJ Other:
ALL
OF POWAY, COUNTY OF SAN DIEGO, TE OF TO IAP
12572, OF SAN DI GO
1990, LYING .00
FEET ON EACH SIDE OF AND PAR LEL WITH THE
AT A POINT ON THE LINE OF SAID LOT 89 DISTANT THEREON
NORTH 15°00°00" EAST 7.02 CORNER THEREOF; THENCE
LEAVING SAID SAID NORTH 39.00
FEET; THENCE NORTH 35°55'14" WEST 44.85 FEET; THENCE NORTH 15°00'00`, EAST
16.59 FEET TO A POINT TO AS POINT "A"; THENCE
TO AS POINT "B"; THENCE NORTH 15°00'00" EAST 40.62 FEET; THENCE
NORTH 75°00'00'' WEST 264.33 FEET; THENCE SOUTH 15°00'00'' WEST 32.01 FEET;
18.43 TO AS
POINT "C"; THENCE SOUTH 156.48 FEET; THENCE SOUTH
5°11'29'' WEST 127.54 FEET TO A POINT TO AS POINT "D";
THENCE SOUTH 5°11'29'' WEST 31.20 FEET; THENCE SOUTH 84°48'31"
EAST 190.14 FEET;
F THE UBLIC UTILITY
LINE OF
OF THE LINE
AS SHOWN ON SAID MAP NO. 12572, THE
LINE OF
THE
ALL LOT
ALSO:
OF SAID STRIP OF LAND SHALL BE OR AT
AT ABOVE POINT "B"; THENCE SOUTH 75°00'00" EAST
AT ABOVE
POINT "C"; THENCE SOUTH 81°28'39" EAST
AT ABOVE POINT "D"; THENCE SOUTH 84°48'31" EAST
~OINT
SCALE
-N-
20.40'
EASEMENTS
R=29.50'
L=48.06'
EXHIBIT "B"
POINT
CENTERLTNE DATA
/ (~) 39.00'
I',' ;,~ (~) 44.85'
!.~ {~ 30.]9'
· Q 23.00'
/~/ ®
I (~) ,.~.o:1 '
/, e ,,.oo.
i,
89
POSIT
; 20'
~qI ,6=9 '0 '~.9"
GREGG
.50 ',
L=46.34 ~,1
STREET
PUBLIC UTILITY EASEMENT PER MAP NO. 12572.
EASEMENT TO SAN DIEGO GAS AND ELECTRIC CO. REC.
5/25/90 AS FILE NO. 90-286803 (NOT PLOTTABLE).
F~DINT
WATERLINE EASEMENT PLAT
/
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WE 80'~-0).-382
,e ~." = 80' ,.~ SPEAR & ~ j,,. os NO.
· n 8/19/99 ~ CIVIL AND ~ SURVEYING
~it5 E. AVE,. ~ONDIDO. CA 9ZOL~ DN( ~0.
DI~. TEP O(. RJS [760) 737-'7~72 FAX (760) 737-7~74
88
/
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.02'
98-269
98-269WL
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
~/ ,//~' //~ ~( C~ from POMERADO LEASING NO. 5, LP, a California
Limited Partnership, to the City of Poway, a political corl::l/or §
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 grantee consents to recordation thereof by its duly authorized
officer.
Dated:
Lori Anne Peoples, City Clerk