Grant of Easement Water Lines & Appurtenances 2000-0219550RECORDING REQUESTED BY: .
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
· tax due ,~'T~dL-t~)~
Tax Parcel No, 273-163-01
DOC 2000-0219550
Apr 28, 2000 8:15 AM
57B1
OFFICIO_ REC.I¢~S
DIEGO QIBTY ED:'~R'S OFFIOE
EBEGORY J. SMITH, C8. ~TY
F :
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
MARJORIE T. JOHNSON, TRUSTEE OF THE JOHNSON FAMILY TRUST AGREEMENT
DATED JULY 23, 1987 (hereinafter "GRANTOR"), hereby grants to CITY OF POWAY
(hereinafter"GRANTEE"), il '.~ns, 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, :, 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
:ion purposes, at such I :1 elevations, upon, along, over and under
the right-of-way described in Exhibit "A" as GRANTEE may now or hereafter d
its sole d :hout any additional compensation therefor, together with the right of
ingress and egress from the easement by a practical route or routes in, upon, over, or
across the land described below, together with the right to use th' I, f
to GRANTEE's rights-of-way situated in adjacent lands, without any additional
compensation therefor.
The land encompassing th' l 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 319, VALLE VERDE COUNTRY CLUB ESTATES,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 4683, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 21, 1960.
GRANTOR, its heirs,:1 assigns shall not erect or construct or permit to be
erected :1 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 I.
CERTIFICATE OF ACCEPTANCE
5782
This is to certify that the interest in real property conveyed by the deed or grant
dated Apri 1 3, 2000 from Marjorie T. Johnson, Trustee of the Johnson
Family Trust Agreement dated July 23, 1987, to the City of Poway, a political
and/or g
of the City C
20, 1981, and the gr
agency, is hereby accepted by the undersigned officer or agent on behalf
~ority conferred lc 4, adopted
Jation thereof by its duly authorized officer.
Dated:
4, 2000
Loft Anne Peoples, City Clerk
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 ! trees,
brush, or other vegetation or flora from time to time as GRANTEE d its sole
d ~,hout any additional compensation.
GRANTOR agrees that no otb
over th' t without obtaining the prior writt
~all be granted on, under, or
t of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pip :her t' lhin the boundaries of th l 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 h ' 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
h ' or assigns, shall not ' d permit to b ~ 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
-I, 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 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
GRANTOR expressly :1 represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN WIT~ESS WHEREOF, the GRANTOR has executed this Easement this ~[ '~/-- day
of /.~ ' 20oo .
TRUSTEE OF THE JOHNSON FAMILY TRUST
AGREEMENT DATED JULY 23, 1987
(Signature must I: :1.
Notary form attached.)
CALIFORNIA ALL-PURF ;E ACKNOWLEDGMENT
State of
County of
On
before me
personally appeared
person(s)
acted,
¥(ies),
OPTIONAL
Description of Attached Document
Title or'
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual
[]
Title(s):
~ Partner-- [] Limited E3 General
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
~ Trustee
[] Other:
3-12567C 5785
EXHIBIT "A"
WATER
PARCEL "A"
Being a portion of Lot 319, Valle Verde Country Club Estates, in the City of Poway,
County of San Diego, State of California, according to Map No. 4683 filed in the
Office of the County Recorder of said San Diego County, being more
described as follows:
Beginning at the most S corner of Lot 30 of City of Poway Tract No. 89-
13R, Old Coach Golf Estates, Phase 1 Unit 2, Map No. 13435 filed in the Office of the
County Recorder of said San Diego County; thence along the Southerly line of said Lot
30 South 88045'57'' East 34.41 feet; thence leaving said Southerly line South
55042'09'' West 73.61 feet to the Southwesterly line of said Lot 319, said point
being the beginning of a non-tangent 220.00 foot radius curve concave N
to which a radial line bears South 50°29'12" West, thence Northwesterly along said
curve through a central angle of 05012'57'' an arc distance of 20.03 feet to the
Northwesterly line of said Lot 319; thence along said Northwesterly line North
55°42'09" East (North 55054'43'' East record) 46.51 feet to the Point of Beginning.
Containing 0.028 acres,
Robert G. Schoettmer Date
L.S. 4324
~ITY OF PO'WAY
EXHIBIT "B"
PLAT
5786
\
VALLE VEF?OE
276
277
TAll DRIVE
~ DEDICATED PER , -x~ .AP NO. 4683
ll c. b ,,.~,
,..<
?
30' WATER EASEMENT
DEDICATED PER MAP
319
RICK ENGINEERING COMPANY
CIVIL ENGINEERS, SURVEYORS · PLANNERS
5620 FRIARS ROAD. SAN DIEGO
CA. 92110-2596 PHONE.' (619) 291-0707
P i67 C
DATE~ MAY 17, 1999
PLA T TO IL L US TRA TE
LEGAL DESCRIPTION OF
WA TER EASEMENT
OVER A PORTION OF LOTS 277
AND 31~, MAP NO. 4683