Grant of Easement Water Pipelines & Appurtenances 1990-578274
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RECORDING REQUESTED BY:T1eu... -rrtWi'
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
WATER PIPELINES & APPURTENANCES
t Group, Inc.
Berman Investment!, (hereinafter "Grantor") hereby grants to the
CITY OF POWAY (hereinafter "GRANTEE), its successors, or assigns, the following
described easement for a right-of-way 10-feet 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 pur-
poses, together with such fixtures and appurtenances, including, but not
limited to, facilities for power transmission and communication purposes, 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 discre-
tion 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:
SEE LEGAL AND PLAT ATTACHED HERETO AS EXHIBIT "A"
GRANTOR, it 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 heirs, successors and assigns shall no 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 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.
This Instrument filed for record by TlCOr Tltl.
Insurance Company of California as an accommodation only. It
has not been examined as to its execution or as
to its effect upon the title.
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 per-
mit 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 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 enforce or interpret the provisions or performance of
this easement, the prevailing party shall be entitled to an award of all attor-
ney'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
of
/ 9" day
the GRANTOR has executed this easement this
,19~.
I lbil is 10 certify IIIIt !lit lntemt ill rill property conwyed
byth.deed.arutdIDd~.l1lfHoo", lkr"".u.
L~R.-4Y1o\~I'\..J... Grt'kJ-IJ ::rNt!. tntheCity
of Poway, . political corporation and/or gowemmental agency
is hereby accepted by tb. undenigned officer or IIiJij( on be-
half of lha City Council pU1Sll1lll to autllority conferred by
Resolution No. 34 adopted on JanuaIJ 28, 1981 and the
grantee .consents 10 recordation thereof by its duly authorized
officer.
, DateC)~~~,~~;t#
BERMAN INVESTMENT GROUP, INC.
a California corporation,
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STATE OF CALIFORNIA
1716
County of San Dieqo
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155.
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ICt .ation Acknowledgment)
On this 29th day of Auqust , in the year 19 90
a Notary Public in and for said CountY and State, personally appeared
Larry G. Smith
personally known to me (or proved to l1)e on th~ basis of satisfa~'fY evidence) to be the person who
executed the within instrument as ChJ.ef FJ.nancJ.al 0 J.cer
or on behalf of the corporation therein named, and acknowledged to me that such corporation executed it.
WI TN ESS my hand and official seal.
CVA""~U dY). ~~ .)
Notary Public in and for said County and State.
FD-1F
, before me, the undersigned,
(Notary Seal)
OFFICIAL SEAL.
CLAIRE M. STONES
NOTARY FUGUe. CALIf
PRINC!~I.\L OFFICE IN
SM: '/~r.o COUNTY'
My Comf1~i~'i;i(." Fxpires J"fl 27 1993
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GtNJ'..Rl"\ L A CKNOWLED GMENT
Stateof
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Notary's Signature
PARTNERSHIP ACKNOWLEDGMENT
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County of
CORPORATE ACKNOWLEDGMENT
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On this the _ day of
19_, before me,
the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that
WITNESS my hand and official seal.
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subscribed to the
executed It.
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On this the _ day of
19_, before me,
the undersigned Notary Public. personally appeared
o personally known to me
o 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.
Notary's Signature
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On this theL8.:th day of
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State of
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199.0-. before me, ~
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County of
LOS ANGELES
Annmarjorie Gilmollr
the undersi9ned Notary Public, personally appeared
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JULES BERMAN
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o proved to me on the basis of satisfactory evidence
to be the pE\rson(s) who executed the within instrument as
Pres~dent . .
or on behalf of the corporatIon therein
named. and acknowledged to me that the corporation executed it.
7NlSS my hand and official s,eal.
Notary's Signature
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SURVEYOR'S LEGAL DESCRIPTION
WATER EASEMENTS
Page 2 of 2
PARCEL D
Commencing at the Northwesterly corner of Lot 76 according to said
Map Number 12467, being a point on the arc of an 816.00 foot radius
curve, concave Westerly, a radial line to said point bears North
70050'50" East; thence Southerly along the arc of said curve and
the Westerly line of said Lot 76 through a central angle of
9020' 34", a distance of 13 3 . 06 feet to the TRUE POINT OF BEGINNING
of the herein described centerline; thence leaving said Westerly
line radial to said curve North 80011'24" East 7.30 feet to the
terminus of the herein described centerline.
'fhe sidelines of said 10.00 foot strip shall be prolonged or
shortened to terminate in said Westerly line.
PARCEL E
Beginning at the Westerly corner common to Lots 62 and 63 according
to said Map Number 12467, being a point on the arc of a 584.00 foot
radius curve, concave Easterly, thence radial to said curve North
76013'35" East 9.00 feet to the terminus of the herein described
centerline.
The sidelines of said 10.00 foot strip shall be shortened to
terminate in the Westerly lines of said Lots 62 and 63.
Gary
LS 4458
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EXHIBIT "A"
1';}9
SURVEYOR'S LEGAL DESCRIPTION
WATER EASEMENTS
Those portions of CITY OF POWAY TRACT NO. 88-15, as shown and
delineated on maps thereof Numbers 12466 and 12467, both recorded
in the Office of the County Recorder of San Diego County,
California on September 22,1989 as File Numbers 89-512988 and
89-512990 respectively, lying within strips of land 10.00 feet
wide, the centerline of said strips being described as follows:
PARCEL A
Commencing at the Northwesterly corner of Lot 49 according to said
Map Number 12466; thence Easterly along the Northerly line thereof
South 78037 '42" East 102.39 feet to the beginning of a tangent
266.00 foot radius curve, concave Northerly, being the TRUE POINT
OF BEGINNING of the herein described centerline; thence leaving
said Northerly line at right angles and radial to said curve South
11022'18" West 9.00 feet to the terminus of the herein described
centerline.
The Easterly sideline of said 10.00 foot strip shall be prolonged
to terminate in said 266.00 foot radius curve.
PARCEL B
Commencing at the Northwesterly corner of Lot 31 according to said
Map Number 12466; thence along the Westerly line thereof South
0027'42" East 10.41 feet to the TRUE POINT OF BEGINNING of the
herein described centerline; thence leaving said Westerly line at
right angles North 89032'18" East 9.00 feet to the Terminus of the
herein described centerline.
PARCEL C
Commencing at the Northeasterly corner of Lot 52 according to said
Map Number 12466; being a point on the arc of a 48.00 foot radius,
concave Northeasterly, a radial line to said point bears South
24050'50" West; thence Northwesterly along the arc of said curve
thru a central angle of 3008'49", a distance of 2.64 feet to the
beginning of a reverse 30.00 foot radius curve, concave Southerly,
a radial line to said point bears North 27059'39" East; thence
Westerly along the arc of said reverse curve through a central
angle of 39011'08", a distance of 20.52 feet to the TRUE POINT OF
BEGINNING of the herein described centerline; thence leaving said
curve South 25052'01" East 8.02 feet to the terminus of the herein
described centerline.
The sidelines of said 10.00 foot strip shall terminate Northerly
in said 30.00 foot radius curve.
EXHIBIT "A"
.WATER EASEMENT PLAT FOR
1120
PARCEL "A"
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EXHIBIT "A"
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WATER EASEMENT PLAT
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EXHIBIT "A"
WATER EASEMENT PLAT 172,1
FOR PARCEL "0"
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