Grant of Easement for Water Lines and Appurtenances 1981-266223 ' I
• ) 14iv RECEIVED
TRANSAMERICA TITLE INSURANCE COMPANY SEP 9 1981 81-266223 L 7 7�7
RECORDING REQUESTED BY: GE NO. JL[+F�3
erre OF Pn1AJAV FILEIPAGE N0.
• BOOK 1981
CITY OF POWAY RECORDED REQUEST OF
TRANSAME1tRICA TITLE CO.
AUG2
WHEN RECORDED MAIL TO: 2 0 8:00 AM'Sl ,
NAME City of Poway OFFICIAL RECORDS
SAN DIEGO COUNTY CALIF,
STREET 12324 Oak Knoll Road .VERA L. LYL�
ADDRESS RECORDER
•
CITY Poway
STATE California -
ZIP 92064 This space for Recorder's use
NO FEE
27947
Title Order No. NO DOCUMENTARY TRANSFER TAX NO E,EE
Tax Parcel No. 317-130-47
GRANT OF EASEMENT
FOR WATER LINES AND APPURTENANCES
MIDLAND POWAY DEVELOPMENT, a Joint Venture composed of Waldorf Associates , a Texas
Limited Partnership, and Scripps Business Park Associates, a California General
Partnership
(hereinafter "GRANTOR") hereby grants to ,.UY OF PQWA`(
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way XXXXXXXXXXX
EXAM/i XX•M( in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repatl,,
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 mutes 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.
San Diego
The land encompassing this easement is situated in,the County of State of California, and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
FILE
Doc. ,# 3941
Copy 70 J . PenzanAlet
9/15/8/
v_ mRRT
• ''
•
® " 1452
•
•
Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
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 or
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 pipelines 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 dei
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 pro-
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 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 au-
thority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with
its terms.
Q
3111 Witness Wljfffo _ _l, the GRANTOR has executed this Easement this_�_lt day ofY j k___ , 19"-I--�.
Executed in the Presence of:
Witness.
•
I
•
Witness.
D/ -
DRAWN27947
BY
CHECKED BY
ACCT. NO. SD-P03-308-00
DATE August 10, 1981/mb
BEC (C)—R/W(80)
_ _
TO 1a45 CA (0.711)
(Partnership) 01
TTNOT1E INSURANCE
STATE OF CALIFORNIA • 1 4 5 3 AN
���� } AnCONOWS wr
COUNTY OF
d On ��.�J.A�._ \\ :C� \
T ,
be a •
me, the undersign ayary Public in and for said State, personally appeared
Ida
w
known to me
J to be err-4k of the partners of the partnership "'—' . .{
ethat executed the within instrument,and acknowledged to me �� OFFICIAL SEAL
1 that such partnership executed the same. a
_.r�.js;;. Elizabeth Jean Lawrence
WITNESS my hand and official seal. to . yp• NOTARY PUBLIC.CALIFORNIA
4� v• PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
` —}� �,� My Commission Expires May 17. 1985
Signature O�AT�. Vi SVENtik5st„.
(Tb).arca for official notarial seal)
♦.
• 1454
CERTIFICATE OF ACCEPTANCE
I , ROBERT W . MEISSNER, as ACTING DIRECTOR OF PUBLIC
SERVICES 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 August 10 , 1981 from
MIDLAND POWAY DEVELOPMENT, a Joint Venture composed of
Waldorf Associates , a Texas Limited Partnership , and
Scripps Business Park Associates , a California General
Partnership to the CITY OF POWAY , a political corporation
and/or governmental agency is hereby accepted by the
undersigned officer or agent on behalf of the CITY COUNCIL
I .
pursuant to authority conferred by RESOLUTION NO . • 34
adopted on January 20 , 1981 and the grantee consents to
recordation thereof by ijts duly authorized officer or
agent .
DATED : August 14 , 1981 . CITY OFPOWAY
B Y : PAC v" . \
Robert W . Meissner ,
Acting Director of
Public Services
•
1455
•
•
•
•
EXHIBIT "A"
•
That portion of Parcel 3 of Parcel Map No. 1675, in the County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, June 28, 1973, as File No. 178786 of Official Records lying Westerly
_ of the Southerly prolongation of the Easterly line of the Westerly 60.00 feet
of Parcel 2 of said Parcel Map No. 1675 together with the Easterly and Northerly
50.00 feet of Parcel 4 of said Parcel Map No. 1675, being a portion of the
Southeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range .
2 West, San Bernardino Meridian, in the County of San Diego, State of California,
according to United States Government Survey approved September 11 . 1879.
EXCEPTING therefrom that portion described as follows :
That portion of Parcel 3 of Parcel Map No. 1675, in the County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, June 28, 1973, as File No. 178786 of Official Records , lying between the
Southerly prolongations of the Easterly and Westerly lines of the Easterly 50.00
feet of the Westerly 60.00 feet of Parcel 2 of said Parcel Map No. 1675, being
a portion of the Southeast Quarter of the Northeast Quarter of Section 13,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to United States Government Survey approved
September 11 , 1879.
•
•
•
•
•
•
•
R/W #27947
•
•
145s 41)
•
•
EXHIBIT "B"
•
Parcel 1 :
All that portion of said Parcel 3 of Parcel Map No. 1675 included within a
strip of land 20.00 feet of even width, the Northerly line of said 20.00
foot wide strip of land being parallel with, and distant 15.00 feet Northerly,
measured at right angles, from the following described line: •
Beginning at the Southeast corner of the Northerly 22.00 feet of the Westerly
10.00 feet of said Parcel 3; thence 'along the Southerly line of said Northerly
22.00 feet, South 88°34'21 " East 173.83-feet to. a point hereinafter referred
to as Point "A"; thence continuing along said Southerly line,. South 88°34'21 "
East 41 .13 feet to a point hereinafter referred to as Point "B"; thence
continuing along said Southerly line, South 88°34'21 " East 295.0u• feet to •
• a point hereinafter referred to as Point "C"; thence continuing South 88°34'21 "
East 70.06 feet to the Westerly line of the Easterly 10.00 feet of the property
described in Exhibit "A" herein. •
The sidelines of the 20.00 foot wide strip of land described in Parcel 1
above shall be prolonged or shortened as necessary so as to terminate on the
East and West in the Easterly and Westerly lines of said property described
in Exhibit "A".
Parcel 2:
•
All that portion of said Parcel 3 of Parcel Map No. 1675 included within
a strip of land 20.00 feet of even width, the center line of said 20.00 •
foot wide strip of land being described as follows:
•
Beginning at the point designated in Parcel. 1 above as Point "A"; thence
South 1 °25'39" West 41 .00,feet.
Parcel 3: • •
All that portion of said Parcel 3 of Parcel Map No. 1675 included within
a strip of land 25.00 feet of even width, the center line of said 25.00 foot"-
wide strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "B" ; thence
North 1 °25'39" East 22.00 feet to the Northerly line of said Parcel 3 of
Parcel Map No. 1675.
Parcel 4:
•
All that portion of-said Parcel 3 of Parcel Map No. 1675 included within
a strip of land 25.00 feet of even width , the center line of said 25.00 foot
wide strip of land being described as follows:
Beginning at the point designated in Parcel l above as Point "C"; thence
North 1 °25'39" East 22.00 feet to the Northerly line of said Parcel 3 of
Parcel Map No. 1675.
•
---continued---
Page 1 of 3
R/W #27947
4 1457 4 •
EXHIBIT "B" continued---
•
•
Parcel 5: - •
All that portion of said Parcel 3 of Parcel Map No. 1675 included within
a strip of land 20.00-feet of even width , the center line of said 20.00
foot wide strip of land being described as follows:
Beginning at the Easterly terminus of the line described in Parcel 1 above,
being a point on the Westerly line of the Easterly 10.00 feet of the property
described in said Exhibit "A"; thence along said Westerly line, South 4°55'04"
West 261 .26 feet to a point hereinafter referred to as Point "D" ; thence
continuing along said Westerly line, South 4°55'04" West 183.14 feet to a point
hereinafter referred to as Point "E"'; thence continuing along said Westerly •
line, South 4°55'04" West to the Southerly line of said Parcel 3 of Parcel
Map No. 1675.
Parcel 6: •
All that portion of said Parcel 3 ofjParcelMap No. 1675 included within
a strip of land 20.00 feet of even width, the center line of said 20.00
foot wide strip of land being described as follows:
Beginning at the point designated in' Parcel 5 above as Point "D"; thence
North 85°04'56" West 40.00 feet. ' •
Parcel 7:
All that portion of said Parcel 3 of Parcel Map No. 1675 included within a
strip of land 20.00 feet of even width, the center line of said 20.00 foot
•wide strip of land being described as follows:
•
Beginning at the point designated in Parcel 5 above as Point "E"; thence
North 85°04 '56" West 52.00 feet.
Parcel 8:
All that portion of said Parcel 3 of Parcel Map No. 1675 included within
a strip of land 20.00 feet of even width, the center line of said 20.00
foot wide strip of land being described as follows:
Beginning at the Southeast corner of the Northerly 22.00 feet of the Westerly
10.00 feet of said Parcel 3 of Parcel Map No. 1675; thence along the Easteoly
line of said Westerly 10.00 feet, South 4°55'04" West 302.24 feet; thence
South 88°34'21 " East 213.53 feet to a point hereinafter referred to as Point •
"F"; thence continuing South 88°34'21 " East 128.50 feet.
•
•
•
•
•
• ---continued---
Page 2 of 3
R/W #27947
•
® 1458 •
. EXHIBIT "B"continued---
Parcel 9:
All that portion of said Parcel 3 of Parcel Map No. 1675 included within
a strip of land 20.00 feet of even width, the center line of said 20.00
foot wide strip of land being, described as follows:
Beginning at the point designated in Parcel 8 above as Point "F"; thence
South 1 °25'39" West to the Southerly line of said Parcel 3 of Parcel
Map No. 1675.
•
•
•
•
•
Page 3 of• 3
R/W #27947
® 1459 •
•
N. N
PAR. l 1
W U •
'u m i
PARCEL 3R .N NLY LINE OF N' /O it
PARCEL 3
pr A M- 2
__ 17283#----- e} ZI . 25,
` i 1
N r S8B 34.21 E
/��������� __ --_ - 295.00• • 1
I "'�' / PT. ".0 '#I
• /0 •
• a4
' • hl 201V ��o \ 10��
I to Iw_ 19 S
I� NoO
/ti -1 1 .. . .... . ..
� 01 SEX OFNEk4 SECT/ON %3, 7 /45, 8. 2W 20,90- ,
O N %, • ,, N85045GLV I ; :‘,1103
O ,t , o PT. F /'
588942/ E Frill)" ,%�o
et h�� ` 128.50'--'. 1 //h
A . r-S883421E 213.53--
�iiiii iiii riiii i ii%iiiii iii d� y
- 00 //
N �4 00!_ •
PAR. 3NLIE WtY OF r0 � PT"E" "
V 20'. %P • N850456_W '1—r 7�#
•
„zz
Q POR. OF � r00 PAR. 3 20' �,'” /4
Nr‘ // 3 0 /O
n //
• :, �, N $0.
PAR. 4 /
#i
A,
2
POWAY ROAD
N
//� .. /NO/GATES WATER
LINE EASEMENT - . : i
Project: K- MART F. H. EXTENSION •
References: PLAT C.A.N. G-Poi-308-Qo
of easements required by the R/W ii 27947 I
City of Poway Tax Par. 317- 130-4-7 I
Scx_le Er, '-ming CavParation Base Map 2 I
Date: AUG. 10,.1981 I
Scale: l a= /00 consuwnno anaineats i etcfRacts I
I
_ I