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Grant of Easement Water Lines & Appurtenances 1996-0242580 ,S) RECORDING REQUtsTED 13YI SOUTHtAND TITt.E= OF SAN DIEOO RECORDING REQUESTED bY: CITY OF POWAY Joe" 1996-0242580 13-MAY-1996 12.04 PM AND WHEN RECORDED MAIL TO: 229 OFFICIA~ RECORDS SAN DIEGO COUNIY RECDRDER15 UFi-ICE GR~GORY SMITH, CDUNTY RECORDER ~EES: iJ. L;t., Ni, CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 No transfer tax due Recorder's Use APN 3I7-280-28 5'L(39b- 3l..- 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 ri ghts-of-way situated in adj acent 1 ands, without any addit i ona 1 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 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. 230 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. 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 el 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 ~EOF, the GRANTOR has executed this easement this of . 1~ , 1996. 9 day ~L~~ KOC EMil A (Signatures must be notarized. Notary form attached.) CAUFORNIA ALL-PURPOSE, KNOWLEDGMENT 231 No.5Hi State of } County of On before me, DATE NAME, Tffi.E OF OFACER. E.G., '"JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(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 helshelthey 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 - OPTIONAL SECTlON- CAPACITY CLAIMED BY SIGNER Though ...... does not _ ... Noouy 1<> fill in the data below, doing 60 may prove invaluable to persons relying on the document.. o INDIVIDUAL o CORPORATEOFFICER{S) TT11.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 PERSON(5) OR ENlTTY(lES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITlE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: DATE OF DOCUMENT NUMBER OF PAGES Though the data requested here Is not required by law, ~ could prevent fraudulent reattachment of this 10m<. SIGNER(S) OTHER THAN NAMED ABOVE Cll992 NATIONAL NOTARY ASSOCIATION -8236 RemmetAve.. P,O, Box 7184 -Canoga Park., CA91309.718.1l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca..ll fO((IICl. }r1 before me --.J:"~rae.1 Get r Z,a. , :J r; I NAME, TITlE OF OFFICER. E.G., .~E DOE, NOTARY PUBUC" Br\.lc:e lClX..Ier.b... NAME(S) OF SIGNER(S) ersonally 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 helshelthey executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. County of ~M ble60 On 5-Q-"'{,. DATE personally appeared ... 966l"'oea ~.3 'wwo:) g. A1NOOO OE:StO NVS INI;JO:fI1Y:)-Of'l8(\d A8VION : i:866l1ll "WWO:) "oS:, 2"Jf '8ZJag "V1IleBJSj;;"'" J____.........__.............................. OPTIONAL SECTIO THiS CERTIFICATE MUST BE ATTACHED TO TITlE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though ... data _ here is not required by law, tt<XXlld ___I of this 10m<, 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 invaluable to persons relying on the document ~IVIDUAL o CORPORATE OFFICER(S) TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIANICONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) EXlllBIT "A" LEGAL DESCRIPTION 232 WATER LINE EASEMENT THAT PORTION OF LOT NO, 16 OF CITY OFPOWAY TRACT NO. 87-13, UNIT I, 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; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT I6, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF-WAY OF DANIELSON STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 88045'00" EAST, 37,28 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 01015'00" 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 CONTINUING SOUTH 01015'00" EAST, 1.33 FEET; THENCE SOUTH 47019'58" WEST, 14,26 FEET; THENCE SOUTH 02019'58" WEST, 51.39 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 02019' 58" WEST, 237.43 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "B", 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 "A"; THENCE SOUTH 87"40'02" EAST, 15,00 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 "B"; THENCE NORTH 87"40'02" WEST, 27,83 FEET TO THE POINT OF TERMINUS, BEING A POINT ON THE WESTERLY LINE OF LOT 16. THE SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT SAID EASEMENT LINES AND ANGLE POINTS. ,. . " <D U') U') U') ('oj I- o 0.. ...J e:( :::;; , ~IST. N88'45'OD"E 200,39 - _ L..J- DANIELSON S1. P,O.B, PT. "A" 27,83'--1 I 110' , 10 I /10' r--: I ./ ~ I I 3 ~ I I ~I ~ II~I 0' "'I z ,... I I ~ I I 2/ in ~ I ?,: 20' WATER EASEMENT PORTION OF lOT 16 MAP 12556 PT, "8" U') - o I :/<0 CD "' ~/W LJ LJ ~ . -J <0 on ;= b> E5 ~ @; g "" Q. ~ LJ Z NO, 1 2 3 4 5 6 7 I I I KAHR AND ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 104 CARlSBAD, CA 92008 PH: (619)438-5620 ~ S. ~ 'f/:1.e,/tc, CHARLES S, KAHR R,C:E. 23907 DA lE REGISlRA liON EXPIRES: 12/31/97 ~, ~. 10' G.UL SCALE: )' BEARING N88'45'OO"E N01'15'OO"W N01'15'OO"W N47'19'58"E N02'19'58"E N87'40'02"W N87'40'02"W 233 = 60' LENGTH 37.28' 10.00 1.33' 14.26' 51,39' 27.83' 15,00' EXHIBIT "B" ~JERLlNE EASEMENT IN POR: OF LOT 16, MAP 12556 \ ",' 234 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in grant dated S - '1 -'1 "" from real property conveyed by the deed or '6,,-0(<' kOL'- ~b,,--- 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. By: 1LlGL1<.JJtz.. Dated: S-Io -'1(" Wahlsten, City Clerk