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.
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N88'45'OD"E 200,39 - _ L..J-
DANIELSON S1.
P,O.B,
PT. "A"
27,83'--1
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20' WATER EASEMENT
PORTION OF
lOT 16
MAP 12556
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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