Grant of Easement Water Pipelines & Appurtenances 1994-0661676
464
~oc n 1994-0661676
~o-HOV-1994 08=33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: O. 00
NA
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF PO WAY
POBOX 789
POWAY CA 92074 0789
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(This space for Recorder~s Use)
DOCUMENTARY TRANSFER TAX -0-
This document affects APN
3?3 280 026
GRANT OF EASEMENT
Water Pipelines and Appurtenances
Page 1 of 3
THE BURNHAM FOUNDATION, and THE ESTHER J. BURNHA11 TRUST, Q,~ 'T'~1rl<;tnts ill
Common ,(hereinafter "GRANTOI{), herebY
grants to CITY Or POWAY, (hereinafter "GRANTEE"), its successors, or assigns, the
following described easement for a right of way in, upon, over, under, and across the
"J1~~,described below, to erect, construct, reconstruct, replace, repair, maintain, and
:'4s~'''1i pipeline or pipelines fo\" 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 the easement by a practical route or routes in, upon, over or across the
1 and described below, together with the right to use thi s casement for access to
GRANTEE's I'ights of way situated in arljacent lands, \'/ithout any additional compensation
therefol- .
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described as follows, to wit:
Lot 14 of Map 12556, City of poway Tract 87-13, and the City of poway
Boundary AdjustDent No. 9205, recorded March 2, 1993 as Doc.93-0129956
Said easement of right of way in the aforesaid lands is particularly describea as
follows:
See Exhibits A (description) and D (plat), 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, or plant any tree
or trees or plant any other vegetat i on or f1 ora with i n sa i d easement wi thout the
express written approval of the City of Poway as evidenced by the signatul'e of the
Director of Engineering Services on an approved plan. GRANTOR, it heirs, successors
and assigns shall not dig or drill any hole or wells on any portion of the easement.
465
Page 2 of 3
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 con~ensalion.
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 01" easements shall be g,"anted on, under, 01" over
this easement without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase' i Is 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 pipel ilj1es or othel" improvements as it may determine in its
sole discretion from time to time w'ithout paying any additional compensation to GRANTOR
0)" GRANTOR's heirs, successors, 01' assigns, provided GRANTEE does not expand its use
of the easement beyond the easemeDt boundaries described above.
It is also undel"stood and agreed by the pal"t i es that the GRANTOR and the GRANTOR's
heirs, successors, or assigns, ~hall not increase or decrease, or permit to be
increased or decreased, the existing ground elevations of the above described easements
which exists at the time this document is executed, without obtaining the pl"ior vlritten
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 intel"pret the provisions or performance of this casement, the prevail ing 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
determination.
GRANTOR expressly warrants and rqpresents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the
day of /tJI2(.. , 19!1f
,
GRANTOR h<ils executed this Easement this
THE BURNHA1Jt FOUNDATION, and THE
ESTHER J. BURNHM1 TRUST, as tenants
in COInmon:
This is to certify t~at the interest in real fjlopmy r.1n', ;ed
by thuleed or arant dated ! 0 -).\.-<[~ fro,," -(k ~"'" Iv-.
'fO""",d-'lo-t;..-\ 0,.\1.../:1. Dvm)".-..- ~tfeC;!J
of POWay. a politl=al corporation and/or perlllltlltal agency
is I1mby accepted by the undersigned officer or agent on be-
half 01 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 authoriled
officer.
See signatures on page 3
Dated: t\-'1-"i'i
Ry
P\J/YVok
466
Page 3 of 3
Signature Page
THIS DOCUMENT WAS PREPARED WITH MY KNOWLEDGE
AND CONSENT:
THE BURNHAM FOUNDATION,
A California Non Profit Corporation;
By:
*_~-L
~:
?12.~S\ ~€.:>-r
THE ESTHER J. BURNHAM TRUST;
""
,-' I'!
>+ , /l
By:/L.- -rh'i'L
:Y
Est~
'.;3(,~ ~L
I
. Burnham, Trustee
As Tenants In Common.
467
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
State of ~&z..I:c,L/ Y; /I
. \
County Ok-Yh'7f L)/"?6/)
On ('~ro.B.f'K:.. :-It" 1'iC7<L
DATE
before me, J ff//'/T.fc / hL.5c/ r: ./)'dl'r,Z?/ /'?duc.
NAME, TITLE OF OFFICER - E.G., "JANE DOE, N~)TARY PUBLIC"
,
personally appeared ////.1;:.// y d ,(//'/ r h'~/.l / 1
NAME(S) OF SIGNEA(S)
121 personally known to me - OR - D 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 ac-
knowledged 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.
~ OffiCIAL SEAL
..--
JEANNE NElSEN
, .. : NOT ARY pua~I.C. CALIfORNIA
. PRINCIPAL OfFICE IN
<... ..,.. SAN DIEGO. COUNTY
My Commission E~~!fl1! ~~~~h. "31. 1995
..........
WITNESS my hand and official seal.
J .
. .'.<: '",.i: /t u'L- /ic.:lu 7/ /
C' )
SIGNATURE OF NOTARY
OPTIONAL
Though lhe data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDiVIDUAL
~ CORPORATE OFFICER
/-;'Z'.5/b///y/
TITLE(S)
DESCRIPTION OF ATTACHED DOCUMENT
, / /I ;t//l'
(/I:;//IT?/ i>/S7///~/7r :V3;<J'~) -Cd~
I nrlE OR TYPE OF DOCUMENT
D PARTNER(S)
D LIMITED
D GENERAL
(..,
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
" #- /;} & / <'; L/
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES) fA
;'//,t fit,e'/I'd!)l// ;;i"?///d/T/7?o'
/
5:.,571lc,e, J 4I'L>Td//l/l
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
468
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
State of (/;;/LY;' L / /d-l
County of,~/'1'77 ,,,J//,,,,,,c)
" before me, .l'''/h//~~.n /l~/)7'-d"nAbL,/r
On! L'i7?13€J:::- 07?, H"ft/ ,
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared /~ /'/// L / b<./L/I'/7'/h/ l
v ,
NAME(S) OF SIGNEA(S)
@3 personally known to me - OR - 0 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
8) OfFICIAL SEAL signature(s) on the instrument the person(s),
~!Do : JEANNE NElSEN or the entity upon behalf of which the
NOTARY pua\IC - CALIFORNIA
P~II<CIPAl OFFICE IN , person(s) acted, executed the instrument.
.' SAN OIEGo COUNTY
My ,Commission Expires March 31 1995
1C''l:! : : : : ~ i: : ':'~$ ~ : ~ : : { : 1 c a a : = c ~ a.:. WITNESS my hand and official seal.
,
I <"1' .
, ' ~a JIIc.L !~ /. L/ ,j
( . SIGNATURE OF NOTARY
, -
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL .' ~ /;1///
o CORPORATE OFFICER
(/~ffJf'r%';, ~t7///lr 3;;.3 deft.' 'CJ.;JC,
TI lE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S) o LIMITED
o GENERAL C-
O ATTORNEY-iN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIANICONSERVATOR
o OTHER: /tJ--! .:;<i, / 'i V
,
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ////;lL///' 2<'/'//1"#/17/'7
NAME OF PERSON(S) OR ENTITY(IES)
/3571'/rr,../ Ll t/E/ I'd/1m 7f~-/.(T SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.D. Box 7184. Canoga Park, CA 91309-7184
469
EXHIBIT "An
LEGAL DESCRIPTION
WATER LINE EASEMENT
PAGE 1 OF 2 PAGES
A PORTION OF LOT 14, OF CITY OF POWAY TRACT 87-13, UNIT 1,
ACCORDING TO MAP 12556 RECORDED FEBRUARY 8, 1990, IN THE
OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AMENDED AS PARCEL 14 OF THE CITY OF POWAY
BOUNDARY ADJUSTMENT 9205, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 14 OF SAID MAP 12556,
SAID CORNER ALSO BEING AN INTERSECTION OF THE WESTERLY BOUNDARY
LINE OF SAID MAP AND THE SOUTHERLY RIGHT-OF-WAY LINE OF A 49.00
FOOT PUBLIC RIGHT-OF-WAY DEDICATED ON SIAD MAP;
THENCE:
LEAVING SAID CORNER, EASTERLY ALONG SAID RIGHT-
OF-WAY LINE ON A CURVE TO THE LEFT HAVING A
RADIUS OF 2524.50 FEET, THROUGH A CENTRAL ANGLE
o
OF 1 13'40", A DISTANCE OF 54.10 FEET TO A POINT
ON THE ARC HAVING A RADIAL BEARING NORTH 2036'24"
EAST TO THE POINT OF BEGINNING.
THENCE:
LEAVING SAID RIGHT-OF-WAY SOUTHERLY ON A
BEARING SOUTH 2019'59" WEST, A DISTANCE OF
96.41 FEET.
THENCE:
SOUTHEASTERLY, SOUTH 42" 40'01" EAST A DISTANCE
OF 42.52 FEET.
'.....1
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THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
470
LEGAL DESCRIPTION
WATER LINE EASEMENT
PAGE 2 OF 2 PAGES
EASTERLY, SOUTH 87040' 01" EAST A DISTANCE OF 14.14
FEET.
NORTHERLY, NORTH 2019' 59" EAST A DISTANCE OF 14.14
FEET.
NORTHWESTERLY, NORTH 4;f 40' 01" WEST A DISTANCE OF
20.10 FEET.
NORTHERLY, NORTH 2019'59" EAST A DISTANCE OF 37.65
FEET.
WESTERLY NORTH 87040'01" WEST A DISTANCE OF 10.00
FEET.
NORTHERLY, NORTH 2019'59" EAST A DISTANCE OF 61.36
FEET TO AN INTERSECTION WITH THE SOUTHERLY SIDE OF
THE SAID 49.00 FOOT RIGHT-OF-WAY.
WESTERLY, ALONG THE SAID RIGHT-OF-WAY ON A CURVE
TO THE RIGHT, HAVING A RADIUS OF 2524.50 FEET,
THROUGH A CENTRAL ANGLE OF 0"27'14", A DISTANCE
OF 20.00 FEET TO POINT OF BEGINNING.
ALONG A RADIAL LINE NORTH 02"09'17" EAST
A DISTANCE OF 10.00 FEET TO THE INTERSECTION.
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EXiHIBIT B
WATER LINE EASEMENT
f: 71
G:nI'ir?! l:ursTt
_ _ DANIELSON STREET R/W
/::, = 5'05'07"
R= 2524,50' l=224,06' N88'45'00"E 190,70'
-: r --" \-- ---- -- -~::--- ~ ,: """'~ """oY "''"'"'
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20' STORM DRAIN EASEMENT
PER MAP NO, 12556
PARCEL 14
B.A. 92-05
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NO, ~ADIUS \ DELTA BEARING lENGTH
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...ill........ _.252.4.50._..-J D. =1'13'40" 54.10' --
'z' +___ N 2 J5'5,)" E 10.00'
=t=-----+==== ~ ~~~~~/~=- ~;:~~,......=..~
I \ N 87'40'U1" W 14.14'
(61 IN 2'19'59" E 14.14'
-~------I"------" N 42'40'01;;-vi--"2o:1D' ..-
ri> ' N 2'19'59" E 37.65'
9 N 87'40'81" W 10.00'
1 I N 2'19'59:" E 51.36'
11 ..--....-, -:==-__.. JB_L19'..S9''..E --,;-;rx)l-
~ 2524.50 6=D 27'14" j 20 ,t)() ,
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SCALE ,"=50'