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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 ) ) ) ) ) ) ) ) ) ) (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 ,~ ,..--. ~--~~--_., 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. ~ / / I P,(\,B, 1:.0\ 1"- \ lQ "'-1 "- , " , o :z: 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 "''"'"' I I I""~ I PER MAP NO. ,2556 I I Ill.. / SEE DETAIL ~A' I ,~ BEIj)W RIGHT // LOT j~} -- c'-- <( 2 ...... o N n ~: I ~I I ~ \ ~ \ I I I I 20' STORM DRAIN EASEMENT PER MAP NO, 12556 PARCEL 14 B.A. 92-05 o ill 1-- o _1 ~~ #, LO-r J5 "" co cO n -+ lQ -,-. I I Iw _1 U..l U CC: <( D.., 'ic "" '" ,...- ~ :z jyjJ...\ P J2556 SOUTH POWAY PARKWAY R/W ~; .NI ~/D~I P.O.' r -+ I ~: : I "ct1 ~: ~ ~ \ I ~ \ \ \ if" I N 87'40'02" W 398.00' NO, ~ADIUS \ DELTA BEARING lENGTH "':'0' .. . - ......-.. ..... ... _..- ...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)() , .-.-. WillLdffi G. Ryd2n D~te LS 5509 EXP:12-31-97 --- ~ 111 G,U.~ _ ~ 1--0) ~ VCV DETAIL 9A9 SCALE ,"=50'