Grant of Easement Water Lines & Appurtenances 1996-0242581
RECORDING RtQl.ltSft~ ~\h
SOUTHlAND TIT' - Of SAN DIEGO
RECQRDING REQUESTED tiY:
,rur H, 4996-0'47~R1
J"'"' HI, ,.L. l:.,_-~1
13-MAY-1996 12'04 PM
61
CITY OF PDWAY
OFFICIAL RECORDS
SAN DIEGO COUNT'r RECORDH:~ S DFFICE
GREGDF:Y SMITH, CDUNTV ~:ECD~;DEr
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
235
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No transfer tax due
i.:
APN 317-280-28 & 29
5"'13 1(0 <~?--
GRANT OF EASEMENT
(WATER LINE & APPURTENANCES)
BRUCE KOCIEMBA (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
in Exhibit "A", to erect, construct, reconstruct, replace, repair, maintain, and
use a pipeline or pipelines for any and all purposes, 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 ri ght-of-way descri bed in Exhi bit "A" 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 pract i ca 1 route or routes in, upon, over, or across the 1 and
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 City of Poway, County of
San Diego, State of California, and is more particularly described as follows,
to wit:
PORTION OF LOT 16 AND LOT 17 OF CITY OF POWAY TRACT NO. 87-13, UNIT 1, MAP
NO. 12556, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 8, 1990.
Said easement of right-of-way in the aforesaid land is particularly described as
follows:
(LEGAL DESCRIPTION - See attached Exhibit "A" which is made a part hereof)
(PLAT - See attached Exhibit "B" which is 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 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.
236
GRANTEE may use all 9dtes and fences which, now, or l4cer, 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.
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 part i es that the GRANTOR and the
GRANTOR'S heirs, successors, or assigns, shall not increase or decrease or permit
to be increased or decreased the exi st i ng ground e 1 evat ions 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
of ~~ ' 1996.
9
day
~.~
B~B..K .A.Q ~
(Signatures must be notarized.
Notary form attached.)
CALIFORNIA ALL-PURPOSE ':KNOWLEDGMENT
}
State of
County of
On
before me,
DATE
NAME.. TITLE OF OFRCER. E.G., -JANE DOE, NOTARY PUBUC"
personally appeared
NAME(S) OF SlGNER(S)
o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE Of NOTARY
237
No.51~
oS
.....
- OPTIONAL SECTlON_
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Nowy to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAl
o CORPORATE OFFICER(S)
Tffi.E(S)
D.PARTNER(S) 0 UMITED
, 0 GENERAL
o ATTORNh~N-FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME Of PEASON(S) OR ENTlTY(IES)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here Is not required by law,
~ <<could _ _ _men! of this loon. SIGNER(S) OTHER THAN NAMED ABOVE
C1992 NATIONAl NOTARY ASSOCIATION.. 8236 AemmetAve., P,Q, 80)(7184" Canoga Park, CA91309-71B.1l
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of
Ca.\, or (\l ~
} r1
On 5-1-'1(.. before me, ~a.e. ( 'G<K2<:l-
DATE NAME. TinE OF OFFICER. E.G., -JA E ,NOTARY PUBLIC"
personally appeared ~ f u,-e ((l:l~( e,-..,1......
.x- NAME(S) OF SIGNER(S)
/[)-personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
he same in his/her/their authorized
Israel M. Garza, Jr, fapacity(ies), and that by his/her/their
f'~: f9c 79982 .gignature(s) on the instrument the person(s),
~. .......1 ' CAlIFOANI. ,
SAN DIEGO COUNTY r the entity upon behalf of which the
Comm, Ex,..." o.c, $, ,_ ;person(s) acted, executed the instrument.
County of '5M.
DleBD
,
OPTIONAL SE ION
THIS CERTIFICATE MUST BE ATTACHED TO TITlE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data ""luesled here Is not ""lulled by law,
<<could ___oIthlsfonn. SIGNER(S) OTHER THAN NAMED ABOVE
No. 5193
- OPTIONAL SECTION _
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
I~ble to pefSQflS relying on the document.
)l:::JANDIVIDUAL
o CORPORATE OFFICER(S)
TrTLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTJTY(tES)
EXlllBIT "A"
238
LEGAL DESCRIPTION
WATERLINE EASEMENT - PARCEL "A"
THAT PORTION OF LOT NO, 17 OF CITY OF POWAY TRACT NO. 87-13, UNIT 1, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, 1990, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET MEASURED AT RIGHT
ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE;
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 17, SAID POINT BEING ON
THE WESTERLY RIGHT -OF-WAY OF P ARKW A Y CENTRE DRIVE; THENCE SOUTH
00012'02" EAST ALONG SAID RIGHT-OF-WAY, 86.51 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY LINE, SOUTH 89047'58" WEST, 10 00 FEET TO A POINT ON THE
WESTERLY SIDE OF A 10,00 FOOT WIDE GENERAL UTILITY EASEMENT
DEDICATED ON SAID MAP NO. 12556, AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89047'58" WEST, 26.64 FEET TO A POINT HEREAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 89"47'58" WEST, 20,58
FEET; THENCE SOUTH 02019'58" WEST, 317,83 FEET TO THE POINT OF TERMINUS
OF SAID 20 FOOT WIDE STRIP OF LAND,
ALSO, A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET MEASURED AT RIGHT
ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE;
COMMENCING AT SAID POINT "A"; THENCE NORTH 00"12'02" WEST, 25,00 FEET TO
THE POINT OF TERMINUS.
WATER LINE EASEMENT - PARCEL "B"
THAT PORTION OF LOT NO. 16 OF CITY OF POWAY TRACT NO, 87-13, UNIT 1, IN
THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO, 12556, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, 1990, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET MEASURED AT RIGHT
ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE;
239
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 17, SAID POINT ALSO
BEING THE NORTHEAST CORNER OF LOT 16 OF SAID MAP; THENCE ALONG THE
SOUTHERLY RIGHT-Of-WAY LINE Of DANIELSON STREET SOUTH 88045'00" WEST,
57,36 FEET; THENCE LEAVING SAID RIGHT-OF-WAY , SOUTHOroJ5'00"EAST, 10,00
FEET TO A POINT ON THE SOUTHERLY SIDE OF A 10.00 FOOT WIDE GENERAL
UTILITY EASEMENT DEDICATED ON SAID MAP NO, 12556, AND THE TRUE POINT
Of BEGINNING; THENCE SOUTH 01059'08" WEST, 9.94 FEET TO A POINT
HEREAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH OI059'08"
WEST, 347,97 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C", SAID
POINT BEING THE POINT OF TERMINUS OF SAID 20 FOOT WIDE STRIP OF LAND.
ALSO, A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET MEASURED AT RIGHT
ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE;
COMMENCING AT SAID POINT "B"; THENCE SOUTH 87"40'02" EAST, 21.00 FEET TO
THE POINT OF TERMINUS,
ALSO, A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET MEASURED AT RIGHT
ANGLES TO, PARALLEL TO AND ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE;
COMMENCING AT SAID POINT "C"; THENCE NORTH 88000'52" WEST, 26.80 FEET TO
THE POINT OF TERMINUS,
THE SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGTHENED OR
SHORTENED SO AS TO TERMINATE AT SAID EASEMENT LINES AND ANGLE
POINTS.
. P.O,S. LJANIELSON ST.
N88'45'00"E
P - PAR. ~ N88'45'OO"E 57,36' --
T.P.O,S. ~ I
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r~PARCEL B
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PORTION OF
LOT 16
MAP 12556
-- I
N88W'52"W 77.75';" NSS'37'19"W
SEARING
NOO'12'02"W
N89'47'5S"E
NS9'47'58"E
N89'47'58"E
NOO'12'02"W
N01'15'OO"W
N01'59'08"E
NSS'OO'52"W
NST40'02"W
LOT 17
MAP 12556
LENGTH
86.51'
10,00'
26.64'
20.58'
25.00'
10,00'
9.94'
26.80'
21. 00'
PARCEL
240
T.p.a.S. I
PARCEL A I I
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12 1
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10'-1 L
I 10'
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20' WATER EASEMENT
SCALE: I' =
120.Q2
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 104
C~fLS~D, CA /:,OOS PH:(619)43~-5620
~ 6 /.. 1-f1;J.9/9~
CHARLES S. KAHR R.C7E, 23907 OA lE
REGISlRA liON EXPIRES: 12/31/97
{'" = 92'32'00"
R = 34.50'
L = 55.72'
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EXHIBIT "B"
WA TERlINE EASEMENT IN
LOT 17 a POR.OF LOT 16,
MAP NO. 12556
241
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in
grant dated S; -q --<110 from
real property conveyed by the deed or
bvuce KoC, e.-."..bc...-
to the City of Poway, a pol it i ca 1 corporat i on and/or governmental agency is
hereby accepted by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981
and the grantee consents to recordation thereof by its duly authorized officer.
Dated:
S - I 0-'1(,.,
By:
}1J~t
Wahlsten,
City Clerk