Grant of Easement Water Pipelines & Appurtenances 1992-0615634
1891
DC- " 1992-0615634
29-SEP-1992 09=45 AM
CITY CLERK
CITY OF POWAY
POBOX 7B9
POWAY CA 92074 07B9
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 7.00 FEES' 17.00
AF: 9.00 NA
MF: 1. 00
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
(This space for Recorder's Use)
DOCUMENTARY TRANSFER TAX -0-
This document affects APN 317-BI0-20
GRANT OF EASEMENT
Water Pipelines and Appurtenances
i
BLACK MOUNTAIN FOUNDATION, (hereinafter "GRANTOR"), hereby grants to C[TY OF POWAY,
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement
for a right of way in, upon, over, under, and across the lands described below, to
erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or
pipel ines for any and all purposes, together with such fixtures and appulrtenances, at
such locations and elevations, upon, along, over, and under the right of Iway 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 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:
Lot No. 47 of Poway Business Center Unit 1, Tract No. 87-13, in the City of Poway,
County of San Diego, State of California, according to Map thereof No. 12556, filed in
the Office of the County Recorder of San Diego County February 8, 1990.1
Said easement of right of way in the aforesaid lands is particularly described as
foll ows:
See Exhibits A and 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, or plant any tree
or trees or plant any other vegetation or flora within said easement 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 hei~s, successors
and assigns shall not dig or drill any hole or wells on any portion of the easement.
-,
1892
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 inc~uding, but not
1 imited to, any agency supplying water or sewer services or hcil itie's to the publ ic
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
pi pel i nes or other hcil it ies withi n the boundari es of the easement ri ght of way, or
modify the size of existing pipelines or other improvements as it may qetermine in its
sole discretion from time to time without paying any additional compens~tion 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 and 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 el evat ions of the above descri bed easements
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 proceeding, administrative 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 authority to make this
determination.
GRANTOR expressly warrants and represents that GRANTOR has the powet to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has
:;eO+-- , 1992.
I
executed thi s Easement thi s .;;< r;;<<
~~ !I~~1
day of
This is to certify t~1t the interest in I8Il prupllty GOO_
bJ the deed or IfI/Il dated t!-d-S-4 2..00", €:,lc..<.. k-
\"rIourrt4-'" fOUhd d., 0", tntheCijJ
of Poway, a politicat corporation and/or governmental agency
is hereby accepted by the undersigned officer or agent on be-
. half of the City Council pursuant to authority confarrecl IIy
Resolution No. 34 adopted on January 20, 1981 and the
gllRtee consents to rllt:Ofdation thereof by its duly authorized
I, otficer_
Dated:
q - J,::; -'1 ~
By )~~ k':; Uli-M'L
\
'",-
ALL.PURPOSE ACKNOWLEDGMENT
State of ~A'4Fi.l'lV/fi
County of 5'" Av ;)./H?:o
On repr z.r199~efore me
DATE .
}
1893
7) .,tI,Il.-fLd' ,;l/, L""er~ ,Mr"",Y AIf?, e-
NAME, rme OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared L:/I,,~ /I. J' A"'i'< $i),.)
NAME(S) OF SIGNER(S)
o personally known to me . OR -l7Proved to me on the basis of satisfactory evidence
to be the person(s'l whose name(,it is/.are
subscribed to the within instrument and
acknowledged to me that I:!g/S~/~
executed the same in his/h.&1"/tj:J.!!ir
authorized capacityjjH1, and that by
~)lefllJ:le1i- signaturej8t on the instrument
the personW", or the entity upon behaW of
which the perso~ acted, executed the
instrument.
~';,:...' OFFICIAL NOTARY SEAL
" DARYLE N. LARSEN
u:r...~ ;: Notary Public - Calltomia
\~~;,. SANOIEGOCOUNTY
\~ My Co'M Expll"" SEF 26. '994
No.5179
CAPACI CLAIMED BY SIGNER
~INDIV DUAL
o COR ORATE
OFFI ER(S)
TllLE{S)
o PAR ER(S) 0 UMITED
i 0 GENERAL
o ATTt,NEYOINOFACT
o TRUS EE(S)
o GUA DIANlCONSERVATOR
o OTH~:
I
SIGNER !S REPRESENTING:
NAME OF PEISON(S) OR ENTlTY(IES)
Witne~nd and 0
81 RE OF NOTARY
-
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate an unauthorized document.
THIS CERTIFICATE Title or Type of Document C ~,(/l t?F bV.r.
MUST BE ATTACHED Number of Pages t---" Date of Document 5'
TO THE DOCUMENT _
DESCRIBED AT RIGHT: Signer(s) Other than Named Above ."v.>#ff
"'992 NATIONAL NOTARY ASSOCIATION. 8238 RemmetA..... P.O. Bo~ 7'84 . Canoga Park, CA 9,304.7'84
,
1894
EXHIBIT "A"
LEGAL DESCRIPTION
WATER LINE EASEMENT
THAT PORTION OF LOT NO. 47 OF POWAY BUSINESS CENTER UNIT 1, TRACT
NO. 87-13, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, ST~TE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 8,
1990, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET MEASURED AT RIGHT
ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOL~OWING
DESCRIBED CENTERLINE;
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 47, SAID POINT ALSO
BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STOWE DRIV~,SAID
POINT ALSO BEING A POINT ON A 3467.50 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL BEARIING TO SAID POINT BEARS NORTH 00 ~4'OO"
EAST; THENCE EASTERLY ALONG SAID ARC AND RIGHT-OF-WAY LINE
THROUGH A CENTRAL ANGLE OF 00039'39", AN ARC DISTANCE OF 40.00
FEET TO A POINT OF INTERSECTION WITH A LINE WHICH LIES 40.00 FEET
EASTERLY OF, MEASURED AT RIGHT ANGLES, AND PARALLEL TO THE
WESTERLY LINE OF SAID LOT 47, A RADIAL BEARING TO SAID POINT
BEARS NORTH 01" 03'39" EAST; THENCE ALONG SAID PARALLEL LINE, SOUTH
010 00'18" WEST 10.00 FEET TO A POINT ON THE SOUTHERLY SIDE: OF A
10.00 FOOT WIDE GENERAL UTILITY EASEMENT AS DEDICATED ON SAID
PARCEL MAP NO. 125~6, AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 01 00'18" WEST 10.00 FEET TO A POINT HEREAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH '01000' 18:" WEST
160.00 FEET TO POINT HEREAFTER REFERRED TO AS POINT "B", SAID
POINT BEING THE POINT OF TERMINUS OF SAID 20 FOOT WIDE STRIP OF
LAND.
ALSO; A STRIP OF LAND 15 FEET IN WIDTH LYING 7.5 FEET MEASURED AT
RIGHT ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT SAID POINT "A";
FEET TO THE POINT OF TERMINUS.
.
THENCE SOUTH 88 59'42" EAST, 17.00
ALSO; A STRIP OF LAND 10 FEET
RIGHT ANGLES TO, PARALLEL TO
DESCRIBED CENTERLINE;
IN WIDTH LYING 5 FEET MEASURED AT
AND ON EACH SIDE OF THE FOLLOWING
COMMENCING AT SAID POINT "B";
FEET TO THE POINT OF TERMINUS.
THENCE SOUTH 88059'42" EAST, 15.00
THE SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGHTENED OR
SHORTENED SO AS TO TERMINATE AT SAID EASEMENT LINES AND ANGLE
POINTS.
WS/POWAY.WAT
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BLAISDELL PL.
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 133
CARLSBAD, CA 92008 Ph:(619)431-9301
~ 5. K.elv, (f h t.j./r2.
CHARLES S. KAHR R.C.E.23907 DATE
REGISTRATION EXPIRES' 12/31/93 .
1895
STOWE DRIVE
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EXHIBIT "B"
20' WATER LINE EASEMENT
PARCEL 47
MAP 12556