Grant of Easement Sewer Lines & Appurtenances 1994-0571602
1409
~c " 1994-0571602
27-SEP-1994 08=57 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
FEES: 0.00
HA
CITY CLERK
CITY OF POWAY
p, O. BOX 789
POWA Y, CA 92064
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RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
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(This space for Recorder's Use)
APN # 275-390-05
NO DOCUMENT TRANSFER TAX/NO FEE
GRANT OF EASEMENT
(SEWER LINES & APPURTENANCES)
A WHEREAS, Natalie V. Kucia (nee Krikoriantz), Nicholas V, Krikoriantz,
Trustee under the Anthony Krikoriantz Trust of 1984, dated December 12, 1984,
Nicholas V. Krikoriantz, Trustee under the Stephen 0, Krikoriantz Trust of 1984, dated
December 7, 1984, Nicholas V. Krikoriantz, and Nicholas I. Krikoriantz, Trustee of the
Nicholas I. and Marjorie Krikoriantz Family Trust under Agreement dated 8/18/89
(collectively "Krikoriantz") are the owners of certain real property located in the City of
Poway, State of California, herein referred to as the "Dominant Tenement", and described
in Exhibit A attached hereto and incorporated herein by reference.
B. WHEREAS, Irwin Peitchel and Ricki Peitchel, husband and wife (collectively
"Grantor"), own certain real property located in the City of Poway, State of California,
herein referred to as the "Servient Tenement" and described as follows:
LOT 25 OF VALLE DEL NORTE UNIT NO, 2, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 5004, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 3,1962.
C. WHEREAS, Krikoriantz is processing a tentative map, 'I'M No, 89-07, with
the City of Poway which proposes to subdivide the Dominant Tenement into six (6) legal
lots; and Grantor and Krikoriantz have executed an Easement Deed which, among other
things, grants an easement appurtenant over the Servient Tenement in favor of all of the
lots included in the Dominant Tenement. The Easement Deed dated April 15, 1994
executed by Grantor and Krikoriantz was recorded on June 24, 1994 in the Official Records
of the San Diego County Recorder's Office, Document No, 1994-0404077 (the "Easement
Deed").
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D. WHEREAS, the City of Poway has requested that Grantor execute this Grant
of Easement (Sewer Lines and Appurtenances), and Paragraph 2 of the Easement Deed
requires that Grantor cooperate and execute such documents as may be required by the City
of Poway to affect the assignment or dedication of the easement to a public entity.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein and for other good and valuable consideration, the receipt of which is
hereby acknowledged, Grantor hereby grants to the CITY OF POW A Y ("GRANTEE"), its
successors, or assigns, the following described easement fifteen (15) feet in width, in, upon,
over, under and across the lands described below, to erect, construct, reconstruct, replace,
repair, maintain, and use a sewer pipeline and appurtenances, upon, along, over and under
the easement described below, together with the right of ingress and egress from the
easement by a practical route or routes in, upon, over, or across the Servient Tenement.
The Servient Tenement in which this easement is situated is in the County of San
Diego, State of California, and is more particularly described as follows, to wit:
LOT 25 OF VALLE DEL NORlE UNIT NO.2, IN THE
COUNTY OF SAN DIEGO, STAlE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 5004, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 3,1962.
Said easement on the Servient Tenement is particularly described as follows:
Sewer line Easement Legal Description as set forth on
Exhibit B attached hereto and incorporated herein by reference.
GRANTOR, it heirs, successors and assigns shall not erect or construct or permit to
be erected or constructed any building, structure or improvement nor drill any hole or wells
on any portion of the easement.
GRANlEE 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 GRANlEE determines in its sole discretion without any additional compensation.
GRANlEE 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 sewer services or facilities to the public as GRANlEE may
determine in its sole discretion without paying any additional compensation to GRANTOR
or GRANTOR'S heirs, successors, or assigns, therefor.
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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 change the location of pipelines or other facilities within
the boundaries of the 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.
In the event of any dispute involving this Grant of Easement, whether or not
litigation is commenced, or if any arbitration proceeding, administrative proceeding or
litigation at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions or seek performance of this Grant of Easement, the prevailing
party shall be entitled to an award of all attorney's fees ad the costs of the proceeding,
which shall be determined by the court or the presiding officer having authority to make
such determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to
grant this easement in accordance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executed this Grant of Easement on
A n....ret -..!L, 1994,
-Jiiu,
/b-.C:C/ {/ ~>~y -
Irwin Peitchel
~l&' d;#M
Ri . Peitchei
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1412
STATE OF CALIFORNIA )
)S.S.
COUNTY OF SAN DIEGO )
On 5ept I C7 , 1994 before me, the undersigned, a Notary Public in and for
said State, personally appeared IRWIN PEITCHEL, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf
of which the person acted, executed the instrument.
WI1NESS my hand and official seal.
!b-M0-
gn ture
This area for Official Seal
@_;'OFFlCIALSEAL
.~_ TAMMY R. MARTINSON
;: m;. :;.: NO i A:i,' PUBLIC CALifORNIA
. . "' SAri DIEGO COUNTY
~ MY COMMISSION EXPiRES
JANUARY 27,1995
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) S.S.
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On -6Ppt 110 , 1994 before me, the undersigned, a Notary Public in and for
said State, personally appeared RICKI PEITCHEL, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument, the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my h,od "d officio! ",' ! 1~~1F~
~otary Pu c S g tu e
This area for Official Seal
@ OfFICIAl SEAL
_.. . TAMMY R. MARTINSON
.. NOTARY PUBLIC-CALI'OfINIA
. SAN DIEGO COUNTY
MY COMMISSION EXPIRES
JANUARY 27,1995
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LEGAL DESCRIPTION
THE rAND REF~KK~D TO HEREIN 16 SITUAT~D IN THE STATE OF CALIFORNIA,
cOUNTY OF SAN UXEGO, AND IS DEBCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 64, AND ALL OF PARCEL 63 OF RECORD OF SURVRY
MAP NO. 3842r IN THE COUNTY OF sAN DIEGO, STATE OP CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
15, 1956, BEING ALSO ALL THAT PORTION OF RECORD OF SURVEY MAP NO.
12544, IN THB CITY OF POWAY, COmlTY OF' BAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUAR~ 22, 1990. AS FILE NO. 90-096425 OF OFFICIAL RECORDS
ALSO ALL THAT PORTION LOT A OF CITY OF POWAY TRACT NO. 84-02, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGOr STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 12330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, FEBRUARY 2B, 1989, DESCRIBED AS FOLLOWS:
. .
COMMENCING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO.
125441 THENCE.EASTERLY ALONG THE NORTHERLY OF SAID RECORD OF SURVEY
HAP NO. 12544, SOUTH 89029'30" EAST 564.81 FEET TO THE NORTHEAST
CORNER OF SAID RECORD OF SURVEY MAP NO. 125441 TIiENCE SOUTH ALONG THE
EASTERLY BOUNDARY OF SAID RECORD OF SURVEY HAP NO. 12544, SOUTH
00035'06" WEST 339.46 FEET TO TIiE SOUTHEAST CORNER OF SAID RECORD OF
SDXVlSY MAP NO. 12544 i <rHENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF
SAID RECORD OF SURVEY HAP NO; 12544, SOUTH 79000'49'1 WEST 15.96 FEET
TO THE BEGINNING OF A 'l'ANGEN'l' 330.00 FOOT RADIUS CURVE CONCAVE
SOtn'HEAS'l'ERL'Y i THENCE SOU'l'RWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 65056'39" A DISTANCE OF 379.81 FEET; THENCE 'NON-
TANGENT TO'SAID ctmVE NORTH 87038'01" WEST 293.45 FEET TO A POINT ON
THE'"WESTERLY LINE -' OF SAID RECORD OF SURVEY HAP NO. 1.2544, DISTANT
SOUTH 00035'53" WEST 584.74 FEET FROM THE POINT OF BEGINNING I THENCE
NORTHERLY ALONG, THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY MlU'
NO. "12544, NORTH 00.35'53" EAST 584.74 FEET TO THE POINT OF
BEGINNJ:NG.
EXHIBIT A
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SEWER LINE EASEMENT
LEGAL DESCRIPTION
ThaI portIon of land lying within Lot 25 of Map No. 5004, in the County of San Diego,
State of Califomi.1, filed in the Office of the County Recorder of Said County on July 3,
1962 as File No. 113691 of Official Records, described as follows:
An easement over a strip of land 15 feet in width, the north sideline of which is described
as follows: beginning at the Northeasterly comer of Lot 25; thence South 870 16' 46"
West 169.04 feet (radial) to the Northwesterly corner of Lot 25; the southerly sidclinc is to
be lengthened or shortencd as nccded to creatc a continuous strip of land 15 fect in width.
Legal Description pr~ared by :
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Mike R. Slater, P.L.S. 6706
Date: May 12 1994,
EXHIBIT B
(Page 1 of 2)
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EXHIBIT B
(Page 2 of 2)
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or
grant dated J~ /t.tffl/ from .9~ ~ (~ fp.(~
to the City of Poway. a pol it i ca 1 corporat i on 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.
Dated:
<:J - ;l.9 -'1 "/
By, 'l;BZ k 7tJM.-\-t::
\accept.cer