Grant of Easement 2016-0711170�P
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
APN: 317- 101 -01
GRANT OF EASEMENT
The undersigned grantor(s) declares:
DOC# 2016 - 0711170
111111 VIII 11111111111111111111 1111) 0111911111111111111111111
Dec 28, 2016 12:26 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR N!A
PAGES :8
Documentary Transfer Tax is $ -0- consideration less than $100.00
Neighborhood Healthcare (hereinafter "GRANTOR ") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE "), its successors, or assigns, the following described easement for a right -
of -way, in, upon, over, under and across the lands described in Exhibit " A ", depicted in Exhibit "B ",
attached hereto and made a part hereof, to erect, construct, reconstruct, replace, repair, maintain,
and use a pipeline or pipelines for any and all purposes, together with such fixtures and
appurtenances, 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 said easement
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 located at 13010 Poway Road, City of Poway, County of
San Diego, State of California, and is more particularly described as follows:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B
MADE A PART HEREIN)
GRANTOR, his heirs, successors and assigns shall not erect or construct or permit to be erected
or constructed 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, his heirs, successors and assigns shall not dig or drill any hole or wells on any portion
of the easement.
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, or clear away or remove any trees, brush, or other
vegetation or flora from time to time as GRANTEE determines in its sole discretion without any
additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over
this easement without obtaining the prior written consent of GRANTEE.
I(v -/'10
Grant of Water Line Easement
Neighborhood Healthcare
Page 2
GRANTEE may at any time increase its use of the easement, change the location of pipelines or
other facilities within the boundaries of this easement, 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, successors, or assigns, provided
GRANTEE does not expand its use of the easement beyond the easement boundaries described
above.
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs,
successors, or assigns, shall not increase or decrease or 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 commenced, 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 parry shall be entitled to an award of all attorneys 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 his terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement on the dates set forth
hereinafter.
OWNER: Neighborhood Healthcare
Tracy Ream Date
Its: Chief Executive Officer
(Signatures must be notarized)
Approved as to Form:
Office of the City Attorney
orga L. foleyj City Attorney Date
M' \engserv\Land Development Projects\2016 \ESMT16 -009 Neighbor Health \Front end Water Easement.docx
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of <3a r\ T) 1P 1 v ) I
On P-{ D 1 � 11 before me, lQ ox OA( p
U 1(;
Date Here Insert Name and Tit/04 the Officer
personally appeared (G
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he /she/they executed the same in
his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
ANA MARIE ALARCONJ is true and correct.
L_ Commission No. 2120463 WITNESS my hand and official seal.
NOTARY PUBLIC- CALIFORNIA SAN DIEGO COUN. TYY
My Cm EKpre JULY Z3016 Signature
%u / YYY l
j/&k
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): _
❑ Partner — Limited 1 General
❑ Individual Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
• Corporate Officer — Title(s):
• Partner — 77 Limited ❑ General
• Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.Nationa]Notary.org • 1- 800 -US NOTARY (1- 600 - 876 -6827) Item 65907
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PORTION OF PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF
PARCEL MAPS AT PAGE 1375 IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MARCH 8, 1973, BEING A PORTION OF THE WESTERLY 272.00 FEET
OF THE SOUTHERLY 370.02 FEET OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
PARCEL A:
BEGINNING AT THE SOUTHERLY POINT OF THE WESTERLY LINE OF PARCEL 1 HAVING
A BEARING NORTH 01 °26'01" EAST; THENCE SOUTH 89 °08'30" EAST 29.03 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89 °08'30" EAST 12.00 FEET; THENCE
NORTH 01 019'48" EAST 17.34 FEET; THENCE NORTH 88 °33'59" WEST 9.69 FEET;
THENCE NORTH 01 026'01" EAST 97.00 FEET; THENCE SOUTH 88 °33'59" EAST 4.20 FEET;
THENCE NORTH 01 026'01" EAST 12.00 FEET; THENCE NORTH 88 °33'59" WEST 4.20
FEET; THENCE NORTH 01 °26'01" EAST 57.71 FEET; THENCE SOUTH 88 °33'59" EAST
85.20 FEET; THENCE SOUTH 01 °26'01" WEST 5.75 FEET; THENCE SOUTH 88 °33'59"
EAST 12.00 FEET; THENCE NORTH 01 °26'01" EAST 17.75 FEET; THENCE NORTH
88 033'59" WEST 109.20 FEET; THENCE SOUTH 01 °26'01" WEST 190.71 FEET; THENCE
SOUTH 88 °33'59" EAST 9.71 FEET; THENCE SOUTH 01 °19'48" WEST 5.46 FEET; TO THE
TRUE POINT OF BEGINNING THIS PARCEL IS SUBJECT TO ALL EASEMENTS,
COVENANTS, AND AGREEMENTS OF RECORD AND CONTAINS 0.086 ACRES OR 3755.41
S.F. OF LAND MORE OR LESS
AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
4'�� 64/irf4�va.t 17-- pro -zit ft-o
Steve Howell, Land Surveyor, LS 5758 Date
EXPIRES 41301 (8
No 5758
FOF CpL`FO,
FAMPA_110413 \Dots \Easement Documents \Exhibit- A.docx Fnday, December 16, 2016
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EXHIBIT °B° PLAT MAP
APPLICANT PREPARED BY: CITY OF POWAY APN 317 - 101 -01
TRACY REAM ENGINE r.RING
1425 DATE STREET CONSUMNG
ESCONDIDO, CA 92025 GROUT' REVIEWED BY: DR /MDRA 16 -005
P:760- 737 -2030 6144 VERDA LANE, VARIANCE 16 -003
SAN DIEGO, CA 92130
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WATER EASEMENT
(3755.41 SF)
FIX POINT OF BEGINNING
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BEGINNING
EXISTING EASEMENT
BUILDING LINE PER PM 1375
/ V 7 LIMIT OF PROPOSE
G / J STREET WIDENING
PER PM IJ75
N89 08 30 "W -152 01 (N89.08 30 W -152 00
APPLICANT
TRACY REAM
1425 DATE STREET
ESCONDIDO, CA 92025
P:760- 737 -2030
POWAY ROAD
PREPARED BY:
9 ENGINEERING
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GROUP
6144 VERDA LANE,
SAN DIEGO, CA 92130
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DR /MDRA 16 -005
VARIANCE 16 -003
SHEET 2 OF 3
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Line Table
Line #
Length
Direction
L1
29.03
S89" 08'30"E
L2
12.00
S890 08'30"E
L3
17.34
N01" 19'48"E
L4
9.69
N88° 33'59"W
L5
97.00
N01 ° 26'01 "E
L6
4.20
S880 33'59"E
L7
12.00
N01" 26'01"E
L8
4.20
N880 33'59"W
L9
57.71
N010 26'01"E
L10
85.20
S880 33'59"E
L11
5.75
S01" 26'01"W
L12
12.00
S880 33' 59 "E
L13
17.75
N01" 26'01"E
APPLICANT
TRACY REAM
1425 DATE STREET
ESCONDIDO, CA 92025
P:760- 737 -2030
PREPARED BY:
ENGINEERING
CONSULTING
CROUP
6144 VERDA LANE,
SAN DIEGO, CA 92130
Line Table
Line #
Length
Direction
L14
109.20
N880 33'59"W
L15
190.71
S01 0 26'01 "W
L16
9.71
S88" 33'59"E
L17
5.46
S01" 19'48"W
APN 317 - 101 -01
DR /MDRA 16 -005
VARIANCE 16 -003
SHEET 3 OF 3
CERTIFICATE OF ACCEPTANCE
(Water Easement)
This is to certify that the interest in real property located in the City of Poway conveyed by the
Grant of Easement described in Exhibit "A ", and depicted on Exhibit "B" of the attached document
dated /�J04 A.10no, from Neighborhood Healthcare., to the City of Poway, a political
r
corporation and /or governmental 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.
Dated: 1«.6a/ /zr "/L CITY OF POWAY
Seal:
By:
Nancy eu eld, CM
City Clerk