Grant of Easement General Utility 1992-0231615
'RECORDING REQUESTED BY:
CITY OF POWAY
l 356
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P. O. BOX 7ag
POWAY, CA 92074-07ag
This document affects APN
323-090-62 and 64
GRANT OF EASEMENT
GENERAL UTILITY
DOC ~ 1992-0231615
21-APk-1992 09=20 AM
OFFICIAL RECORDS
SAN OIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
NA
Space for Recorder's Use)
$-0- Documentary Transfer Fee
Parkwa Business Centre Partners, Ltd. , (hereinafter
"GRANTOR" , hereby grants to CITY OF POWAY, hereinafter "GRANTEE"), its
successors, or assigns, the following described easement for a right-of-way
varying in width, in, upon, over, under, and across the lands described
below, to erect, construct, reconstruct, replace, repair, maintain, and use
a pipeline or pipelines for any and all purposes, together with such fix-
tures 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 compen-
sation 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:
Lots 55 and 57 of City of poway Tract a7-13, Unit 1, Parkway Business
Centre, according to map thereof No. 12556, filed in the Office of the
County Recorder of San Diego County on February a, 1990, in the City of
Poway, County of San Diego, State of California.
Said easement of right of way in the aforesaid lands is particularly
described as follows:
Parcel 4 of Exhibit "A" and Exhibit "B" attached hereto and
incorporated herein
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 Public Services on an approved
plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any
hole or wells on any portion of the easement.
357
GRANTEE may use all gates and fences which, now or later, cross any portion
of the ~asement. 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, 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 loca-
tion 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 and the
GRANTOR's heirs, successors, or assigns, shall 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 prior written consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not liti-
gation is commenced, or if any arbitration proceeding, administrative pro-
ceeding or litigation in law or in equity, including an action for
declaratory relief, is brought to enforced 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 power to
grant this easement in accordance with its terms.
IN WITNES~W~REOF, the GRANTO~~as executed this Easement this
day of GJ::4- ' 19 'II .
Parkway Business Centre Partners, Ltd.
ADI Properties, Inc., General Partner
. K:YVCvM tL::.-
This is to certify tIIat tile inlel8St in real property conveyed
by tile deetl or IfIIlt dated I b -II. -1 \ fro", ~ <U' k.... "'-I
&.,;\.~s., LL...-\v'" p~, J Lh(. Iothe!;;')
01 POWIY, a political corporation and/or governmental agency
is hereby accepted by the undersigned ollicer or agent on be-
hall 01 the City Council pursuent to authority con'erred by
Resolution No. 34 adopted on January 20, 1981 and the
grcRtee consents to recordation thereof by its duly authorized
ollicer.
Dated: ~-1-~.:l--
By
(-
~ - ~ !tutUUb-
GENERAL ACKNOWLEDGEMENT
358
County of
On this the
)SS.
)
day of
, 19____, before me,
State of,
the undersigned Notary Public, personally appeared
[] personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
subscribed to the within instrument, and acknow-
1 edged that executed it.
WITNESS my hand and official seal.
Notarv's Sionature
PARTNERSHIP ACKNOWLEDGEMENT
State Of(};/r/C/IU{I 11L &" ii .
On thi s the L day of ( tILl / r , 19 "I / , before me,
County' of Jdl; /)/i-,/() )SS. A if
) ({l/i////C.), /.k// ,
the undersigned Notary Public, personally appeared
- .- /_ ) L ::> .
C/Jf'/,i:'!.t- (/WL!/ Y & ,lite! Y; K/k f)/-,,'///dilJ ,
......,,, .... "..... ...,... ,
OffiCIAL SEAL
. JEANNE NELSEN g] personally known to me
. NOT AtY PUillC. CALIFORNIA
fRINCIPAl OfFICI' IN [] proved to me on the basis of satisfactory evidence
, SAN DIEGO COUNTY to be the person(s) who executed the within instru-
My Cool_l01I bp1hI "'arell 31. 1~9S .
ment on behalf of the partnership, and acknowledged
,to me that the partnership executed it.
WIT~SS my hand rand official seal.
'--l.' 1'.J{.U /u.iu 7--"1
( Not ilrv's SiQnature
-
CORPORATE ACKNOWLEDGEMENT
State of
County of
On this the
)SS.
)
day of
, 19____, before me,
the undersigned Notary Public, personally appeared
[] personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instru-
ment as or on behalf of the
corporation therein named, and acknowledged to me
that the corporation executed it.
WITNESS my hand and official seal.
Notarv's Sionature
359
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 4 - GENERAL UTILITY EASEMENT (IN LOTS 55 AND 57)
THAT PORTION OF SOUTH POWAY PARKWAY AND STOWE DRIVE PER CITY OF
POWAY TRACT 87-13 UNIT 1, PARKWAY BUSINESS CENTRE, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON FEBRUARY 8, 1990, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, '.- AS VACATED, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF
LOT 57 OF SAID MAP NO. 12556, SAID POINT BEING ON THE WESTERLY LINE
OF THE RIGHT-OF-WAY OF SAID STOWE DRIVE; THENCE EASTERLY ALONG SAID
WESTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 26006'58" A DISTANCE OF 15.73 FEET TO A POINT OF CUSP WITH
A 34.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL TO SAID
CURVE THROUGH SAID POINT BEARS SOUTH 34007' 58" EAST; THENCE LEAVING
SAID WESTERLY LINE OF THE RIGHT-OF-WAY OF SAID STOWE DRIVE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35048'41"
A DISTANCE OF 21.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH
88019'17" WEST 467.56 FEET TO A POINT ON THE NORTHERLY LINE OF THE
RIGHT-OF-WAY OF SAID SOUTH POWAY PARKWAY; THENCE ALONG SAID
NORTHERLY LINE: SOUTH 88040'07" EAST 165.00 FEET; SOUTH 89016'35"
EAST 120.02 FEET; SOUTH 88019'17" EAST 187.56 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH ALL ABUTTERS' RIGHTS OF ACCESS APPURTENANT TO LOTS
55 AND 57 IN AND TO SOUTH POWAY PARKWAY, AS SHOWN ON EXHIBIT "B",
ARE HEREBY RELINQUISHED AND WAIVED.
SAID PARCEL 4 HAS AN AREA OF 0.021 ACRE, MORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
"B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION,
WERE PREPARED BY ME OR UNDER MY DIRECTION.
J# 5725-35
4-12-91
REVISED:
7-3-91
9-9-91
12-19-91
BPM
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