Grant of Easement Water and/or Sewer Pipelines & Appurtenances 1990-398028
RECORDING REQUESTED BY:
CITY OF POWAY
, 319
...~
,
;
t
i
)28
(~f;L'~f~:\~~~f 00,2 Y
,- ..... '.<: t..,_:.L'li .. c.L..
90 39
i:)33 JUL 2 3 PM 2: 1 7
AND WHEN RECORDED MAIL TO:
L__:::;n L{;<fj~
~
CITY CLERK
CITY OF POWAY
P.O, BOX 789
POWAY, CA 92064
NO FEt
THIS DOCUMENT AFFECTS APN: 317-520-05
GRANT OF EASEMENT
WATER AND/OR SEWER PI PELINES AND APPURTENANCES
OOCUME7Vl'lRl ~ANSFERTAX$~
-
.of WOODCREST DEVELOPMENT OF SAN DIEGO, INC" (HEREINAFTER "GRANTOR"),
HEREBY GRANTS TO CITY OF POWAY, (HEREINAFTER "GRANTEE"), ITS
SUCCESSORS, OR ASSIGNS, THE FOLLOWING DESCRIBED EASEMENT FOR A RIGHT
OF WAY 10,00 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 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 COMPENSATION THEREFOR,
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FROM THE EASEt1ENT 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 RIGHT 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:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY,
SAID EASEMENT OF RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY
DESCRIBED AS FOLLOWS:
PLEASE SEE EXHIBIT "A" ATTACHED HERETO
.., 320
GRANTOR, ITS HEIRS, -~UCCESSORS AND ASSIGNS SH~L NOT ERECT OR
CONSTRUCT OR PERMIT .0 BE ERECTED OR CONSTRUL _D 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,
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 ADD IT IONAL 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 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
l:3t"- DAY OF -r-- ,19f-----.
C?n//4-'/ ~
'Y .M:t2
J\NlLA \~~. rV'f\lJl rp0
Sf(~
z
o
"
..
a:
o
ll.
wa:
...0
.... u
"
o
"
..
u
'i
"
321
r This is 10 certify that the interest in real property Cllnveyed
'bythedeedo'erantdated<- ,I ~jlo from Wnod.oL'?'"
"De/V d of h"- --\ ~.j Sc" Do e 1".J1> S-:in the c: i!
of Poway, a political corporation s~d/or ~('v')wr.~;,' ,,' r')
is hereby accepted by ~ti3 unders~.sMd GfL;.::: 0r ~t~ ::' ;;.:J ~'.:.
half cf the City Council pursuan: to wt:".,,',; r.."":,' ;'1
Resolution No. 34 adopted 00 Januc!) ;:::, 1~31 ,:1,;1 ,,','!
grantee consents to recordetion thereof by its duly autlmri; : j
officer,
Dated:
'l-lo-'1o
'" lnCL-0f<-<- f( ;:rUC00 ~
..J
.
0.
.
u;
STATE OF CALIFORNIA }
COUNTY OF Oranqe SS,
On this ].3th day of June , in the year
~9.2Q.~___, before me, the undersigned, a Notary Public in
and for said Counly and State, personally appeared
David Arnold,_ personally known
10 me (or proved to me on the basis of satisfactory evidence) to be the
Vice President, and
Miriam L. Morgan
personally known 10 me (or proved 10 me on the basis of satisfaclory
evidence) to be
Secretary of the corporation that executed the within Instrument, and
acknowledged to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its board of directors.
.
~
.
u;
Signature cga ~
R II, E<U>
Name (Typed l)r- Printed)
Notary Public in and for said County and State
F 2467 R 11/82
0FFlCIAlS&\L
B.A, EGE
NOTARY PU8UC CAI..JFOMU.
PRlNaPAl oma:..
""'- COUOlTV
My Commns.on Ex. lIotr, II, 1912
(This area for official notarial seal)
. ,
322
EXHIBIT "A"
PARCEL 1:
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14
SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, INCLUDED WITHIN A STRIP OF LAND BEING 10,00 FEET
NORTHERLY AND ABUTTING AN EXISTING GRANT OF RIGHT-OF-WAY PER
DOCUMENT RECORDED APRIL 14, 1977 AS FILE/PAGE 77-136326 OF OFFICIAL
RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 5 OF COUNTY OF SAN
DIEGO TRACT NO. 3836 ACCORDING TO MAP THEREOF NO. 9741, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 1, 1980;
THENCE SOUTH 88 DEGREES 44 MINUTES 52 SECONDS EAST ALONG THE
NORTHERLY LINE OF SAID LOT 5 A DISTANCE OF 463,69 FEET (RECORD 463.76
FEET), TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
HOWARD M, NEWBERRY, ET. UX., RECORDED MAY 19, 1970 AS FILE NO. 86087 OF
OFFICIAL RECORDS; THENCE RETRACING NORTH 88 DEGREES 44 MINUTES 52
SECONDS WEST, 30.02 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 35 MINUTES 59 SECONDS WEST PARALLEL AND 30,00 FEET WEST OF THE
WESTERLY LINE OF SAID LAND DESCRIBED IN DEED TO HOWARD M. NEWBERRY,
ET UX., A DISTANCE OF 10,01 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 52
SECONDS WEST PARALLEL AND 10.00 FEET NORTHERLY OF THE NORTHERLY LINE
OF SAID LOT 5, A DISTANCE OF 157.11 FEET; THENCE LEAVING SAID PARALLEL
LINE, SOUTH 77 DEGREES 12 MINUTES 58 SECONDS WEST, A DISTANCE OF 41,21
FEET TO A POINT ON SAID NORTHERLY LINE OF SAID LOT 5; THENCE ALONG SAID
NORTHERLY LINE OF SAID LOT 5, SOUTH 88 DEGREES 44 MINUTES 52 SECONDS
EAST, A DISTANCE OF 197.41 FEET TO THE POINT OF BEGINNING.
$W CORNER OF LA
DESCRIBED IN DEED ,0
PORTION OF 30' SEWER HOWARD M. NEWBERRY
::ASErIlEr-.--r GRANTED ON
CITY OF POWAY TRACT
MAP NO. 88-03
--'\-- NOO'35'59"W
330.09'
TPOB
PARCEL 1
r;o
o
1
CO
CO
~ ~
.... ;
l;j is
Z
./j ~
~
<1/] ~ ~
"/1 ~
is <;;;
.l z ~
r-
1
l'-.
r-
eo
z:
0.
<(
o
z:
D...
<I;
2;
0.
'"
~
r
o
<I;
a:
r
)-.
<I;
3:
o
Cl,
TPOB
PARCEL 2
~ ~
Z\.o
~~
15 is
",Z
~
01
'" '"
OJ I-
~ g
w
z
:J
,.
-'
"'
w
lEGEND
323
C2ZJ...',..,.-... .:,... EXISTING GRANT OF RIGHT-OF-WAY PER
..' ,,'.' ',,' DOCUMENT RECORDED APRIL 14,1977 AS
, ,,' ,,',' F /p 77-136326
.-'--1 INDICATES 10' SEWER EASEMENT TO BE
.'_ GRANTED HEREON.
REFERENCE DRAWINGS
R.O.S. 12149
MAP NO.'S 8558, 8564, 9741
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF
THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN,
PER MAP NO. 9741 I.E. N88'44'52"W
AREA OF EASEMENT
5,878 SQ. FT. / 0.134 AC.
ASSESSOR'S pel. NO.
317-520-05. 317-153-21, 317-153-19
RIMBACH RD.
FRED RO,.---_ c:i
SITE: .. "'
BEARING RADIUS LENGTH
1 N<45'204'09"E 23,54'
2 S45'24'og"W 11,77
3 S45"24'og"W 23.54'
4 S46'204'09"W 11,77
5 N12'o4702"W 11,77
OAK
KNOLL
VICINITY MAP
NO SCALE
z~ SCALE: 1"~60'
APN 3j7-j53-2'J
LOT 5
MAP NO. 974-j
, +'ft 'tJ.4.1S ct.\- 2. ONLY
~... f'(>.R
q,~
)'/7
'>.
~, LOT 6
~ APN 3-17-j53--19
MAP NO. 974-J
10' EASEMENT FOR SEWER AND APPURlENANCES IN A PORllON
OF THE SOUTHWEST QUARlER OF SECllON 14, TOWNSHIP 14
SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA.