Grant of Easement General Utility 1992-0231612
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
lJ47
)
)
)
)
)
)
)
)
(This
323-090-63 and 64
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92074-0789
This document affects APN
DOC " 1992-0231612
21-APR-1992 09=20 AM
OFFICIAl RECORDS
SAN DIEGO COUNTY RECOROER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: O. 00
HA
Space for Recorder's Use)
$-0- Documentary Transfer Fee
GRANT OF EASEMENT
GENERAL UTILITY
Parkwa Business Centre Partners, Ltd. , (hereinafter
" RANTOR" , hereby grants to CITY F 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 56 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 2 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.
348
GRANTEE may use all gates and fences which, now or later, cross any portion
of th~ 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, 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
ease~ent 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 WITNESS WH~EOF, the GRANTO}.~as executed
day of 00 , 19~.
this Easement this
10
f This is to certify tHlthe intereSt In 11I1 property conttyed
bylhedeedOll!llrtdmd 10-11,- '111m", P"''''-''.......
':&"\'\\'H~ 0-~. ~~,. L+-l. totheri~~
of Poway, a political corporation and/or governmental agency
is hereby accepted by the under.;igned officer or agent on
half of the City Council pursuant to authority conferred by
Resoiution No. 34 adopted on January 20, 1981 and the
grnotee consents to recordation thereof by its duly authorized
officer.
Dated: +1-'1 d-
BY/nt) k iNbN> 1::>
349
G.~NERAl AC~NOWlEOGEMENT
~ * * * * * * * * * * *
* State of
*
* * * * * * * * * * * * * * * * * * ~
* * * * * * * * * * * *
On this the ____ day of
)SS.
)
19 before me, *
* County of
*
*
*
*
*
*
*
*
*
*
*
*
*
the undersigned Notary Public, personally appeared
[] personally known to me
[J proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
subscribed to the within instrument, and acknow-
ledged that executed it.
WITNESS my hand and official seal.
* *
* Notary's Signature *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PARTNERSHIP ACt:NOWl.EDGEMENT
* * * * * * * * * * * * * * *
* State of /t'Li5lH///11
* .
: County of ~/J /Ji'y'O
*
*
*
*
*
*
* * * * * * * * * * * * * * * * * *
On this the 11fLday of rC/J/z'U/
)SS. ~~
) (' -'/#/1// f/?- / J ~ (;:;y /)'
the undersigned Notary Public,
f/'Yi:r//t. (1,CIPU/I'&o dIu!
* * * * * * * * * * * *
, 19';1/ , before me, *
personally appeared
t I~f ifdc/4J' ZZl
~
personally known to me
OFFlClAl SEAL
JEANNE NELSEN
NOTARY ~ueuc. CALIfORNIA
PllNClPAl OffiCE IN
SAN DIEGO COUNTY
My (om,"_ tIpino Ibrcll 31, 19115
*
Q
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
~o me thazt. e par.tnershiP executed it.
IT~SS my hand and official seal.
Ctl'it Lf-.. uL//~
* / No ry's Signature
* * * * * * * * * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
'--
*
*
*
*
"I<
*
CORPORATE ACOOWLEDGEMENT
* * * * * * * * * * * * *
* State of
*
* County of
*
*
*
*
*
*
*
*
"I<
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
On thi s the day of 19 before me, *
)SS. ---- *
)
the undersigned Notary Public, personally appeared
[] personally known to me
[J 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.
*
*
*
*
*
*
* Notary's Signature *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
"I<
*
*
*
*
"I<
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
"I<
*
*
*
*
*
*
...!XHIBIT "An 330
LEGAL DESCRZPTZON
THOSE PORTIONS OF LOTS 56 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 8, 1990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2 - GENERAL UTZLZTY EASEMENT
BEGINNING AT THE NORTHERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID
LOT 57, SAID POINT BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY
OF STOWE DRIVE AS DEDICATED PER SAID MAP NO. 12556; THENCE LEAVING
SAID RIGHT-OF-WAY OF STOWE DRIVE ALONG A LINE RADIAL TO SAID CURVE,
NORTH 88'19'17" WEST 10.00 FEET TO THE TRUE POZNT OF BEGZNlUIl'G.
SAID POINT BEING THE NORTHERLY POINT OF TERMINUS OF THE 24.50 FOOT
RADIUS CURVE ON THE WESTERLY LINE OF THE EXISTING GENERAL UTILITY
EASEMENT AS DEDICATED PER SAID MAP NO. 12556; THENCE SOUTHWESTERLY
ALONG SAID WESTERLY EASEMENT LINE AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 65'52'14" A DISTANCE OF 28.17 FEET TO
A POINT OF CUSP WITH A 24.50 FOOT RADIUS CURVE CONCAVE WESTERLY,
A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH
36'07'10" EAST; THENCE LEAVING SAID EASEMENT LINE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52'12'07"
A DISTANCE OF 22. 32 FEET; THENCE TANGENT TO SAID CURVE, NORTH
1'40'43 EAST 243.00 FEET; THENCE NORTH 2'38'01" EAST 300.00 FEET
TO A POINT ON SAID WESTERLY LINE OF THE GENERAL UTILITY EASEMENT
AS DESCRIBED ABOVE; THENCE ALONG SAID WESTERLY EASEMENT LINE, SOUTH
1'40'43" WEST 539.95 FEET TO THE TRUE POZNT OF BEGINlUIl'G.
SAID PARCEL 2 HAS AN AREA OF 0.046 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
BPM
9- It)-
NG, L.S. 5937
PIRES: 12-31-92
~
~
a:.:
6's-\\~, ,0
~\\ ~ 37.0
\\\ \0
\\ .~
~oo
\::. ~
" ~
\~~ '1\ ~
\0 \'>:,'?~\ ~
~ \:\~ ,\ ,
~- \0~~' , .. \.'
90J, '\'f ' ~ ~
'"" ' ""7-:0
~ "~A o~~ ,
-, 0\ '\<"<t ~
,-- '<<l\.'" ~\-o c.n
~ ~\;\.\ .~
~ -O\...,~).\.
o \ ~\-,,~, ' ."7z-~
~ \ - \;~ .
4. "~\_~~ ~
::c"-, ~ ~/~~ l>l", ":~
'--!~~\ ,::<6:~ \~
~. \ '~\~ <I ~o_
'CC- \In I,.. O'f( ~ \
<:S.. ,"1" '. 0
~. ~'o , ~'- :, , 09 ((().o.I ""
"^',p 0 \\~ ~\....\ '\~.!/dP.1
'0 <s . .p , . V~' \~ /,";1'1'
o ~'-C?:.~', -,.\:. "~~~1~\1 \
\).... ~'~" "~\', "'$/6
'-"\....,....~.$'~'-. '.... -, - ----'.
d'.y&:1~:~~s'""" . B ~~'
-/ -<'~)' <<"l ......
........,...,,,y -......: ~.
,... ry~4.':q20.9;;~ % ~
~.... 0 it ,E<"~.J~:9C'/o'~r
~ 6: )........, ~~$/,9.~ ~
~~ /~/\ f.b~....... ~......e:'.P.?4'
"'''' r.:.... //XJ -~ -~ ...'i
~ ~l~'// ,\'@::, -<'O'.P.8;:.......A"~v:.~~r
0- '0 + /'> 'tj:.\ ~ l \ \ ~ ...
\ - /: /' ~ \~ OU
'----~/ -- ~{\ ~ 5 D~
'i /'> '0\ \"_ _ r
--:/ ~ A "':-\ ~ ,.,'{
-:/ ~ ~\"~I ~ ~~r
~ ~ C~'v5~tt 0'"
\'~~ t"JY"Y" ~
~
l.aj : '
~ \
~ .'
(J) \ '
~ (\\\" \
C) \ \
..... \ \
h. \ \ \
~
~
\
,
~
~
~
~
~
~
~
C::i
~
~
V:l
~--
",->
~"<:
~.....
>-"':'<1-
~~
Clc:s
0:. "
V)....
~~
~~
~t<
~~
-...;'"
,
,
,
t..lq t.. ~I
"l" IS"':~,
'lil\i~<\l
<<') tt))I II
11 II ..I~
'-l ,.., l .
. ~~I'o.
~~~:<.~
" "'::-!o\I~
~ ~~\l5~
"'I;" ~~
'"" us. " II "
:...... ;r 'o:::;j
~<;j~:"l.
,,~~~~
~ ~~~~
:5 cS,ii:~~
~ '" ~
~ - <<)
351
Q
"\..\)
"\..\)
~
...--.
m
'"
'"
J-
-
CO
:E
><
w
o
~
\)....
~"-,
-
~ ::'
~ ::
~ 0,
lij gi
...J 0.90
-=..
/-
~'l
...--.
"\
~
o
"'--"'
~
>.:::
~
~
~
I-...
~
~
C0
~
\....
I-...
.....
;:::!
1.::.......
~'->
-J">:
~~
!8~
"'<:::i
~"
~C\.J
~r.:l
~~
1:s:;l:
~S
,
"
.,
...1......
I...''',
"
_-:~
<,
.!
I-...
~
~
(t)
~
\....
'"'-
.....
'"
i::::\.S
::::ill)
-Jll)
~~
~~
tiJ~
Cl..
~:<<:
~~
~~
~~
~r8
~J.:::::
~~
S::?cs
~l;J
",c::i
,
,
,
,
,
,
@
I.....
~6
~~
~~
~\....
~
~~
>..~
I..... ....'
.......1-...
~~
h:::s
~~
-.....JK.
~~
~(..)
~~
QS>...
~~
~ It .
"':t: I... \g
~ I::im
C) C:: ~
s..,
h: '-' .
~ ~~
~ t-..~
r--- I() ~
li:l ~ ~
C:l ,,~
I..... ~~
~ ~~
~ C) J..;:
~ ..J~
~ ~~
,
.
i
..
.
<
u
8
~
~ c
.
~ ~
/' ~ ~
- u a g
c "
~ 5 ~
. z ~
; j ~
"" . .
'5 . }C
o ~ ~
III is .
w 0
Z z "
t- . ~
> ~ ~
it: