Grant of Easement Water Pipelines & Appurtenances 1992-0574475
s-
'i1{:CORDED AT THE REQUEST o.F.
CHICAGO TITlE CO.
2189
DOC U 1992-0574475
10-SEP-1992 08=57 AM
OFFICIAL RECORDS
SAH DIEGO COUHTV RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: 0.00
HA
"
- i
.~
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074 0789
)
)
)
)
)
)
)
)
)
)
(This space for Recor4er's Use)
DOCUMENTARY TRANSFER TAX -0-
, I
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
9~l./ 9~i-\3
This document affects APN 317-280-43 and 44
)'
GRANT OF EASEMENT
Water Pipelines and Appurtenances
MISSION-DAI 1, (hereinafter "GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter
"GRANTEE"), its successors, or assigns, the following described easem,nt for a right
of way in, upon, over, under, and across the lands described be1ow, to erect,
construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for
any and all purposes, together with such fixtures and appurtenances, ati such locations
and elevations, upon, along, over, and under the right of way deschbed 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 Diego, State of
California, and is more particularly described as follows, to wit:
Parcels 101 and 102 of Parcel Map 16320 in the City of Poway, County of San Diego,
State of California, according to map thereof, recorded December 10, 1990 as File No.
90-655448.
Said easement of right of way in the aforesaid lands is particularlly described as
foll ows:
See Exhibits A and 8, 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 pl ant any other vegetation or flora wi thi n said easem~nt without the
express written approval of the City of Poway as evidenced by the signature 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.
. .
2190
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 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, t~erefor.
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.
I
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 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.
It is also understood and agreed by the parties that the GRANTOR an4 the GRANTOR's
heirs, successors, or assigns, shall not increase or decrease, or permit to be
increased or decreased, the exi st i ng ground e 1 evat ions of the above desqri bed easements
which exists at the time this document is executed, without obtaining tne 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 proceeding, administrative proceeding or litigation
in law or in equity, including an action for declaratory relief, is brought to enforce
,;r 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 authority to make this
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 thi s Easement thi s
September , 1992.
. 3rd
day of
fThis is to certify that the interest in IeII property I:-,n_
, by the deed or grant dared y- 3 - 9.;2 frOIll
fVJj. ~ ~~u /JI1:r - r to the Gi:\"t
of Powey, a political corporation and lor governmental agency
is hereby accepted by the undersigned officer or agent on be-
half of the City Council pursuant to <uthority conferred by
Resolution No, 34 adopted on Januar} 20, \98\ and the
(raAtee consents to recordation thereof by its duly authorized
officer,
~!~
MISSION DAI-I
,.
~,
Dated: "t -~ -4 ?-
I!f "-on~ l{..7llo.Av.~
'u
PARTNERSHIP ACKNOWI.EDGEMENT
State of California
County'of San Diego
. ..~ .
~ ..:-:& OFrJCIAL SEAL
( " THERESA M, CALLANAN
t Q . I;) NOTARY PUBLIC-CALIFORNIA
~ . J FRINC1PAl OFFICE IN
~" D.~'./ SAN DIEGO COUNTY
My Commission ExpIres March 26. 1993
-
~ .u __. _
2191
On
)SS.
)
this the 3rd day of
September
. 19~, before me,
Theresa M. Callanan
the undersigned Notary Public, personally appeared
Mike Ibe
[] personally known to me
~ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the! within instru-
ment on behalf of the partnership, and acknowledged
to me that the partnership executed it.
WITNESS my hand and official seal.
'1~D'OM .'n\..~
Notar 's Si nature
~
2192
EXHIBIT "A"
PUBLIC WATER UTILITY EASEMENT
Portion Of Parcels 101 And 102 Of Parcel Map 16320 in the city Of Poway,
County Of San Diego, State Of California, According To Map thereof,
Recorded December 10, 1990 As File No. 90-655448, Described As Follows:
Beginning at the most Southerly Corner Of Said Parcel 101 said point being
on a 324.50 foot radius curve concaved southeasterly, the bearing from the
center of said curve bears North 63022'13" West; thence Nortfheasterly along
said curve thru a central angle of 08009'24" a distance ,of 46.20 feet;
thence North 39045'33" West a Distance of 10.36 Feet to thie TRUE POINT OF
BEGINNING said point being on the Northwesterly line of a 10.00 foot
General Utility Easement as Dedicated Per Parcel Map 16320; thence North
39045'33" West 46.32 feet; thence North 50014'27" East 188.09 feet; thence
North 39045'33" West 33.00 feet; thence South 50014'27" W~st 20.00 feet;
thence South 39045'33" East 13.00 feet; thence South 50014'27" West 142.56
feet; thence North 39045'33" West 27.42 feet; thence South 50014'27" West
25.53 feet; thence North 39045'33" West 273.91 feet; thence North 50014'27"
East 39.67 feet; thence North 39045'33" West 20.00 feet; thence South
50014'27" West 39.67 feet; thence North 39045'33" West 170.85 feet; thence
North 05001'27" East 102.14 feet; thence North 50015'01" East 461.39 feet;
thence South 85007'24" East 107.03 feet; thence South 39045"33" East 341.19
feet; thence South 09017'24" East 153.12 feet; thence South, 80042'36" West
4.99 feet; thence South 09017'24" East 20.00 feet; thence ~orth 80042'36"
East 4.99 feet; thence South 09017'24" East 119.33 feet,; thence South
54047'15" West 116.85 feet; thence South 02034'00" East 56~49 feet to the
North Line of the 10' General Utility Easement as Dedicated on Parcel Map
16320; thence Along Said North Line North 87026'00" East 20.00 feet; thence
North 02034'00" West 45.56 feet; thence North 54047'15" East 118.42 feet;
thence North 09017'24" West 310.42 feet; thence North 39045'33" West 46.62
feet; thence North 50023'47" East 36.94 feet; thence North 39036'13" West
20.00 feet; thence South 50023'47" West 36.99 feet; thence North 39045'33"
West 288.38 feet; thence North 85007'24" West 123.60 feet; thence South
50015'01" West 10.35 feet; thence North 39045'33" West 26.95 feet; thence
South 50014'27" West 20.00 feet; thence South 39045'33" East 26.94 feet;
thence South 50015'01" West 279.27 feet; thence North 39044'59" West 17.43
feet; thence South 50014'27" West 42.18 feet; thence South 39045'33" East
17.42 feet; thence South 50015'01" West 126.12 feet; thence South 05001'27"
West 95.57 feet; thence North 84058'33" West 26.64 feet; thence South
05014'27" West 20.00 feet; thence South 84058'33" East 23.60 feet; thence
South 39045'33" East 477.42 feet; thence South 50014'27" Wast 14.08 feet;
thence South 39045'33" East 20.00 feet; thence North 50014'27" East 14.08
feet; thence South 39045'33" East 79.77 feet to the Northwesterly line of a
10.00 foot general utility easement as dedicated per Parcel Map 16320, said
point being on a 334.50 foot radius curve concaved southeasterly, the
bearing from the center of said curve bears North 58019'10" West; Thence
northeasterly along said curve thru a central angle of 3034~43" a distance
of 20.89 feet to the TRUE POINT OF BEGINNING.
~!I)P~
Herman W. Bateman, L.S. 4605
License Expires September 30, 1994
'f-J-9Z
2193
~~888~~~€~~8~~8~~~8~~~8~~~~~~8~~8~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
'"
~~~~~~~~~~~~~g~~~~~~~~~~~~~~~~~~~~~
iS1:l1:l1:l1:::. 1:l1:::",1:l1:::l'l~,",. . ~1:l,..;,1:;o;;:;1:ll::o,",li'll::o. ~1:l~.,l::o,",,,,R
~~~~~~~~-~-~ ~~~-~~~~~~-~--~5~-~-~~~
~~~~~~~~~~~~~~~~~6~~~~6~~~~~~~~~~~~~
~-~~~~~~~~~-~~~I~~~~~Q-~~~~~~~~Q-~~~~
~- ------~~~~~I~~===~~~~~~~~~~~~~~~~
>-
C>::
Z!i
~
CiS
~I
;g,
~I
~
;6'9
,O,lJOS
~
~
'>t:
,"'-
~
~
o
&5
<:
,0 'p ~
r>:)1
>-11
l.ll
~I
.....1
l.lll
"-'I II
~I' 1
1;;~ I
f"~r>:) I
~ ile--. I
<: I ..... 1
8 i<>:1
><: I '''''II
N09'17'24'W 310.42'. '.r '0:c.}, II :t:11
_ v.'" ~ $- lTS1-"LL0s01~'il'E J~~ II e--. I
e~ 153.12' ~ .{l>~ \W- I . 0 I
~"..r .....J
'1>1 . 0"",& Il'3~1
~'i(f~~;~\~<; ~:s I l.l I "b~0n
~~S'(y/~'- ~o~ ~ \ \ "';<*".4-
~~J;""~s'> C-q..CPn ~ ~ \ ~0:y
j s;'; - ;<*- ":6-
t lLJ ~~~:%-- \ . \ v
,oo~z-a ... Q ~ ~ ": ~h . -~<;,.;~\ ~~ <$'~
~~I ~~ bO:: ~ ~ ~~~ ~~~r}I~\....,o~\ .~~',~~
~ ~~ ~~~ ~ :~1 \r~\ \'..>~,.'-~/~~!
o UJ ~ ~<Y I I,-~I
~ 5 { Q:: S:2 ~ ~ ~ f~ \ ,::;,,' ,'-- ~
':j~) Q----ilcj~ '"" ':j M
':j \ CO -~ 'J' , (
~ , ,~
'?J~ Q 0'> \ ~5'l-
~ Iv",- t ,",.,~
________ .c-" \1 ",'. ~ ~ \ \ ~ ~ c.c:i
\ ~ 0. ,,\~~..-1: :3 l~) \ h 7 -:
0sO "y v
~ f 'i.^<.f;~ 'S 5~(1 ;c.\'O'J.~' ,.f:/
~ v.> ":2- v <? \\,><l,~f)~'t " 9/ .~! ';l.
'" \.'0 v 5A". 'S 1) , ~ !t, ~ 1i! ~
':j J1~ dJ[J; :3 2'i l'i
~ -> "
~ r- {~ \'\~~~1 ~.. x, ~~:~~ <J ~.:
':j i-~) ~ ''>~J'i,r~;<l~''~~JJ - <.~%.-
-9~\J13 ,mOl ~<l~~{ Y J~ 1-;;.
~.'!/. -1-t~~~N"1'> s
~ ~
--
:oJ ))JVONnoa NOISIN087is
,G6'rL9
/_O;:~gj fVd
rOj i?JIff7d
- 2 .::I0,J q.f'O N
---
>t:
---
I
,
I
,
C> -
!;O>I~
<>::l ,
p,:;::s
:B""
V)
a
~
G
II
,
-
0,
,0;.-, ~s
'~ "$;--
/~'~.
-v~ <v
'2~-
v
kj
--J
<3
V)
,
,
,
~
'01
i;?I
~
b
tgl
0"'1
6.oJ
~
T I~.LO.OO S
~
~
~
:>-.tr.i
~~
~
U~
~
~E-i~
~~
~~~
~C",)~
0............
C-,)~E9
~~~
~~~