Grant of Easement Water Line & Appurtenances 1991-0573293
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RECORDING REQUESTED BY:
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NO DOCUMENT TRANSFER TAX NO FEE
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City of Poway
AND WHEN RECORDED MAIL TO:
City Clerk
City of Poway
P. O. Box 789
Poway, CA 92074
Title Order No. 102393-11
Tax Parcel No. 317-810-09
GRANT OF EASEMENT
(WATER LINE & APPURTENANCES)
PARKWAY BUSINESS CENTRE PARTNERS, LTD.,A CALIFORNIA LIMITED
PARTNERSHIP (hereinafter "GRANTOR") hereby grants to the CITY 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
pipelines for water line 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
compensat i on therefor, together wi th 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:
See attached Legal Description Exhibit A and Plat Exhibit B
GRANTOR, its hei rs, successors and ass i gns sha 11 not erect or
construct or permi t to be erected or constructed any bu i 1 ding,
structure or improvement or plant any tree or trees or plant any
other vegetation or flora within said easement without the e~~r-ess
written approval of the City of Poway as evidenced by the signature
of the Director of Engineering 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.
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
PARTNERSHIP ACKNOWLEDGMENT
State'of c!a:iL/tflt'((( }
County of rJj Ii- ;! ILl <f t' SS,
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10 OFFlCl"L SE"L
. . JEANNE N~UEN
. , : NOT ,,~y PUILI'. C"LlfOtMlA
. " " PRINCIPAL 0Ff1a IN
. ~>,' SAN DIEGO COUHTY
My COmmtssion lI9i", M..c:ll n, 1995
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2139
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On this the - day of It t! L .I"//t.A.,
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the undersigned Notary Public, personally appeared
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NO. 203
19'1/, before me,
cn- personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and,official seal.
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N tary's Signature
7130 122
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. 8o1l 4625 . Woodland Hilts, CA 91364
2140
or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
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 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 easement 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 express 1 y warrants and represents that GRANTOR has the
power to grant this easement in accordance with its terms.
This Is 111 lMlIy ttIIt lIIe inIemt in reel property COIlIejl!d
brll1edeedtrP!l..... IO-I~..tj1 _ tla..j<.w"'1
6u ~i N'Ss C~-\'c.. fLo-hu-cs, Lt~ . IntheCily
01 PllWIf, I poIilIcIl ClII'lIOI'Ilion ItId/ar auwmmental qency
is herIby ICaPltd by lI1e unlIersIanw officer Dr ItIint en be-
hlK of \lie CitJ CDuadl IIIIrsulllt to IlIlhority com.red /If
RlIIllutian No. 34 IdDPled OR JanUIIY 28. 1981 1M the
lIIatee CDI1IIIIlS to recordIliDn ttl_1 by itS dill, llIIIMlrbId
olflcer.
IN 1E;NESS ~~~R~~F, t?5~10NTOR has execut~d1~h91 Easement this
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Parkway Business Centre Partners, Ltd.
ADI Properties, Inc. General Partnership
E. Rex Brown III, Senior Vice President
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Dated: I \.,S'i I
2141
EXHIBIT A
LEGAL DESCRIPTION
WATERLINE EASEMENT
IN
LOT 32, MAP NO, 12556
That portion of Lot 32 of City of Poway Tract 87-13, Unlt 1 in the
City of Poway, County of San Diego, State of California, accordlng
to Map thereof No. 12556 as f i led in the off ice of the County
Recorder of San Diego County bounded and described as follows:
BEGINNING at the northwesterly corner of said Lot 32, thence S 00'
12' 02" E along the westerly line of said Lot 32 a dlstance of
63.75 feet. thence leaving said westerly line at a rlght angle N
89' 47' 58" E a distance of 10.00 feet to a point of lntersection
with the easterly line of a 10 foot wide general utillty easement
dedicated on said Map No. 12556 and the TRUE POINT OF BEGINNING.
thence continuing N 8~47' 58'" E a distance of 39.50 feet, thence
at a right angle to said last mentioned course S 00' 12' 02" E a
distance of 20,00 feet, thence at a right angle to said last
mentioned course S 89' 47' 58" Vi a distance of 13.00 feet. thence
at a nght angle to said last mentioned course S 00' 12' 02" E a
distance of 30,63 feet, thence at a right ang 1 e to sa 1 d last
mentioned course S 89' 47' 58" W a distance. of 20.00 feet, thence
at a right angle to said last mentioned course, N 00' 12' 02" vi a
distance of 30.63 feet, thence at a right angle to said last
mentioned course S 8~47' 58" W a distance of 6.50 feet t~ a point
on said easterly line of said general utility easement, thence N
OC!' 12' 02" vi along said easterly line of said general utility
!easement a distance of 20.00 feet to the TRUE POINT OF BEGINNING.
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Grabhorn, RCE 19375
Date 9/30/93
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WATERLINE
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EASEMENT
NW CORNER
LOT 32
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\ 1- LINE DIRECTION OISTANCE '.
L1 S 00'12'02 E 63.75
L2 '" 89'47'58' E 49.50
L3 ~ 00'12'02" IE 20.00'
~ L4 S 89'4758 W 13.00' ,
L5 .00'1202"& 30.68'
L6 S 89'47'58 W 20.00
'-- L7 N 00'12'02 W 30.68
L8 S 89'4758" W 16.50'
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