Grant of Easement for Water Lines and Appurtenances 1981-257361 81-257351
1302 FILEJPAGE NO.
BOOK 1981
RECORDED REQUEST OF
RECORDING REQUESTED BY: LAND TITLE INSURANCE 00,
CITY OF POWAY AUG 13 8A0 AM'81
OFFICIAL RECORDS
1 SAN DIEGO COUNTY1 CALIF.
AND WHEN RECORDED MAIL TO: VERA L. LYLL
NAME City of Poway RECORDER
Department of Public Services • PJQ FEE
STREET
ADDRESS 12324 Oak Knoll Road DOCUMENTARY TRANSFER TAX $
CITY Poway
STATE California
ZIP 92064 This space for Recorder's use
Title Order No. 333849-R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 321-271-25
GRANT OF EASEMENT
FOR WATER LINES AND APPURTENANCES
CHARLEW INVESTMENTS, a General Partnership
City of Poway
(hereinafter "GRANTOR") hereby grants to
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way XXXXXXXXX
fUtXXtX�?IM in, upon, over, under and across the lands described below, 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 transmission and communication 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 the 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 situated in the County of San Die o State of California, and is more
particularly described as follows, to wit:
Parcel 4 of Parcel Map No. 10933, filed in the Office of the County Recorder of .
said San Diego County January 29, 1981 , in the City of Poway, County of San
Diego, State of California, being a portion of the South Half of the Southwest
Quarter, and the Southwest Quarter of the Southeast Quarter of Section 8, Township
14 South, Range 1 West, San Bernardino Meridian, according to the Official Plat
thereof.
RECORDER:
Meese make nochords
for recording the att.
ached Instrument It
In V 1
Is being recorded tl�glp0 ,_1 FO 410
connection with s Ooy r0r��(II /�
ernmentel Agsnes Ire. NO PS % y
nsectlon. O�
Copt T'o JIrm'Pap,2JmARK 9 'Nfe,
?4 -I
Fl Le,boa./30 . 39 /
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410 •
1603 •
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Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
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building, structure or improvement on, over or under any portion of the easement, nor shall GRANTOR, its heirs, successors;
or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any
portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation of
flora from time to time as GRANTEE determines in its sole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other
public agency or utility including, but not limited to, any agency supplying water,or sewer services or facilities to the public
as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's
heirs, successors, or assigns, therefor.
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.
GRANTEE may at any time increase its use of the easement, change the location of pipeli nes or other facilities within
the boundaries of the easement right of way, or modify the size of existing pipelines or other improvements as it may deter
mine 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 det
scribed 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 prof
ceeding, adminstrative 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 he 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 au=
thority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with
its teens. p
SII /RIMS Wljrrf0(, the GRANTOR has executed this Easement this_ 20 day of:J4Gr(y , 19Q
Executed •
tin the Presence /+.
[/.5.1.. ...x ..t..G. n _f � [hisi„,< ...
Witness. /
idt:
a-. Witness. a•—• `
Vr
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R/W No. 333849-R
DRAWN BY •
CHECKED BY
ACCT. NO. SD-P03-252-06
DATE May 5, 1981/mb
SEC(C)-R/W(80)
1504
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EXHIBIT "A"
All that portion of said Parcel 4 of Parcel Map No. 10933 included within
a strip of land 60.00 feet of even width, the center line of said 60.00 foot
wide strip of land being described as follows:
Parcel 1 :
Commencing at a point on the Westerly line of said Section 8, distant thereon
North 0°15'23" West 1303.84 feet (record North 0°32'30" West 1303.69 feet)
from the Southwest corner of said Section 8, being the Northwest corner of
said Parcel 4; thence South 83°28'46" East, 179.72 feet to the beginning of
a tangent 300.00 foot radius curve, concave Northerly; thence Easterly along
the arc of said curve through a central angle of 28°27'43", a distance of
149.03 feet to the beginning of a 300.00 foot radius reverse curve, concave
Southerly; thence Easterly along the arc of said curve through a central
'angle of 52°37'51 " , a distance of 275.57 feet to the beginning of a 300.00
foot radius reverse curve, concave Northerly; thence Easterly along the arc
of said curve through a central angle of 52°38'49", a distance of 275.66 feet
to the beginning of a 300.00 foot radius reverse curve, concave Southerly;
thence Easterly along the arc of said curve through a central angle of
47°56' 28" , a distance of 251 .02 feet to the beginning of a 300.00 foot radius
• reverse curve, concave Northerly; thence Easterly along the arc of said
curve through a central angle of 16°48'41 ", a distance of 88.02 feet; thence I
tangent to said curve, South 80°49 '40" East, 378.70 feet to the Northeast
corner of said Parcel 4 of Parcel Map No. 10933.
Parcel 2:
All that portion of the Easterly 40.00 feet. of Parcel 4 of said Parcel Map
No. 10933 lying •Northerly of the Easterly prolongation of the Southerly i
line of the Northerly 40.00 feet of Parcel 3 of said Parcel Map No. 10933.
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R/W #333849-R
1605 S
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� PARTNERSHIP FORM
STATE OF.L.. !.
County of , ... tar- }ss
G
On this...(,C --day of... /��f • A.D., l9 ' ,bcforc me,c+"atZr.Gi'
a Not Public i for the saidWfn ty and State, residing therein, duly commissione and sworn, personally appeared
, 7 �
known to me to be one of the partners of the partnership that
executed the within instrume , and acknowledged to me that such partnership executed the same.
JJII Witl1f55 IIDIIfr'f0f, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written. '
75',14:4.„
•- OFFICIAL SEAL X/
//�_��,`'`4SHIRLEY E. DEAN /�
nl;r;,y_;1[;YS' NOTARY PUS IC.CAUFORNIA Notary P is in and for said Countyand State.
'._. a
Fricci =!Nice in San Diego County
% cCFY- My Cemmissica Exp.August 19, 1983 1
GENERAL FORM
STATE OF
County of S°
On this day of A.I)., 19 before me
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared '
personally known to me to be the person whose name subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
I
3111 fitness WIJtl'fo!, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
CORPORATION FORM
STATE OF llj
County of 7 ss
On this day of 1111 A.D., 19 before me
a Notary Public in and for the said County and State. residing therein, duly commissioned and sworn, personally appeared
known to me to be the President
and known to me to be the Secretary
of the
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
jJll X111 nf55 11JIJffCO(, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
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1606
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CERTIFICATE OF ACCEPTANCE
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I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC SER\7Tf FC
and agent for CITY OF POWAY , make the .following
certification on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated JULY 24111
from . 1 : E .,
to the CITY OF POWAY, "ea political 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 and the grantee consents to recordation
thereof by its duly authorized officer or agent.
Dated: 4uJ60sT 10) )9g) CITY OF POWAY
BY: Pda-Gorqz...tabt
Robert W. Meissner,
Acting Director of Publib Servic
(D.P .S . 4-81)
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NOTE: PROPERTY LINE DATA SHOWN \\A•.. INDICATES WATER
HEREON TAKEN FROM PARCEL LINE EASE,WENT
M.AR 9767.
Project: ASSESSMENT D/STR/CT 79-/
References : PLAT C.A.N. so-PO3-252-0m
of easements required by the R/W # 33384-9-'
City of Poway Tax Par. 321-271- 25 ,
Ca Base Map 2
, d Date: MAY 5, 1981 I
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