Grant of Easement Water Pipelines & Appurtenances 1991-0493003
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RECORDING REQUESTED BY: )
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CITY OF POWAY )
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AND WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY ) IA9
P. O. BOX 789 )
POWAY, CA 92074-0789 ) '\
f)
(This Space for Recorder's Use) \D'
This document affects APN 317-280-48
GRANT OF EASEMENT Dl -
/"V ."",
Wt.ter Pipelines and ApPllrtenanu80cUMENTARY TRANSFER TAX $.....-........-
Abigayle Industrial Investors, Ltd. , (hereinafter
"GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its
successors, or assi9ns, 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 any and all purposes, together with such fixtures and appur-
tenances, 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 compensation therefor,
together with the right of ingress and egress from the easement by a prac-
tical 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
the refo r.
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 Exhibit A attached hereto and made a part hereof.
Said easement of right of way in the aforesaid lands is particularly
described as follows:
See Exhibit 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 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.
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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, 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this
day of " -II , 19.3.L.
This is to certify thai' tbe interest in 1".1 prort,hfJr"u,'Cd
by the deed or ~ant dateiJS,.p+.I?, IfllJfr~m_tlbj~'~ I "-
"In" u.<f"IL~_741Ie<~.r< ) l.1d. - tllH'9Ciiy
~f Powsy, 3 politIcal corporation and/or go\!er,1mertal ;!geney
IS hereby accepted by thf unOersigned !)ffic(~ e-f EW<:~t;j11 fJ''l;~
half of the City Council pursuant to .,thority (';nfened !w
Resolution No. 3~ adopteQ on January 20, 1981 and !~I;'
graRtee consents to recordation thereof by its duly '!i11horileJ
officer.
u;-~~
. Dated: ~
1\Ja.1v.,-G.-
GENERAL ACKNOWLEDGEMENT
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* State of
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before me, *
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* Notary's Signature *
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On
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this the
day of
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* State of
PARTNERSHIP ACKNOWLEDGEMENT
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California
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OFFICIAL SEAL
HOllY D. HARRIS
NOTARY PUBUC. CAUFORNlA
SAN DIEGO COUNTY
My Comm, Expires June 8,1992
CORPORATE ACKNOWlEDGEMENT
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* State of
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* Notary's Signature *
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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-
ledged that executed it.
WITNESS my hand and official seal.
On
)SS.
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this the -1lihday of Seotember
19~, before me, *
Hol1v De Harris
undersigned Notary Public, personally appeared
Michael P. Ibe
the
[] 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 m hand nd official seal.
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t 19____, before me, *
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On
)SS.
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this the
day 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) 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.
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EXHIBIT "A"
LOT 107 OF PARCEL MAP NO. 16320, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER
10, 1990.
IJ~ JlJ4L.u.::'---
HERMAN W. BATEMAN, L.S. 4605
LICENSE EXPIRES SEPTEMBER 30, 1994
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San Diego Land Surveying and Engineering, Inc.
9474 CHESAPEAKE DRIVE
SUOTE 907
(619) 565-8362
FAX (619) 565-4354
SAN DIEGO
CALIFORNIA 92123
OFFICERS & DIRECTORS
HERMAN W. BATEMAN, L.S.
VICTOR T. WIGLESWORTH, R.C.E.
ROBERT J. BATEMAN. L.S.I.T.
MEMBERS OF
CALIFORNIA LAND SURVEYORS ASSN.
AMERICAN CONGRESS ON
SURVEYING & MAPPING
EXHIBIT "B"
PROPOSED PUBLIC WATERLINE EASEMENT IN PARCEL 107 OF PARCEL
MAP 16320
A 20.00 FOOT WIDE WATERLINE EASEMENT IN PARCEL 107 OF PARCEL
MAP 16320, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, RECORDED DECEMBER 10, 1990 AS FILE NO. 90-
655448 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 107, SAID
POINT BEING ON A 3967.50-FOOT RADIUS CURVE CONCAVED
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 04"15'10"
WEST; THENCE EASTERLY ALONG SAID CURVE THRU A CENTRAL ANGLE
OF 00"20'55" A DISTANCE OF 24.15 TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 03'49'55" EAST 60.70 FEET; THENCE
NORTH 87'26'00" EAST 147.18 FEET; THENCE NORTH 02"34'00"
WEST 9.39 FEET; THENCE NORTH 77'59'35" EAST 20.27 FEET;
THENCE SOUTH 02'34'00" EAST 12.72 FEET; THENCE NORTH
87'26'00" EAST 316.75 FEET; THENCE SOUTH 02"34'00" EAST
20.00 FEET; THENCE SOUTH 87'26'00" WEST 466.05 FEET; THENCE
SOUTH 03'49'55" WEST 42.79 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID PARCEL 107; SAID POINT BEING ON A 3967.50-FOOT
RADIUS CURVE CONCAVED NORTHERLY, A RADIAL LINE TO SAID POINT
BEAR SOUTH 03'36'55" WEST; THENCE ALONG SAID CURVE TO THE
RIGHT THRU A CENTRAL ANGLE OF 00'17'20" A DISTANCE OF 20.00
FEET TO THE TRUE POINT OF BEGINNING.
j)~ dJ. 4~-;; --
HERMAN W. BATEMAN, L.S. 4605
LICENSE EXPIRES SEPTEMBER 30, 1994
PARCEL MAPS . SUBDIVISIONS . CONDOMINIUM & PROPERTY SURVEYS . A.L.T.A. SURVEYS
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