Grant of Easement Water Lines, General Utility & Appurtenances 2006-0216446
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<.. , ' "RECORDING REOlJESTEIIPy Ce:# I
2006-0216446
, 11l1li111111111111111111111111111111111111 111/11111111111 1111111111111 i
CITY OF POWAY
?lp AND WHEN RECORDED MAIL TO: ~d-f1 MAR 29, 2006 11'01 AM
'6f CiFFiUp.L RECCiF:[I';
CITY CLERK '~.L>JI [IIU;I-I COUNT'iF:ECOF:[IEF:":,'OFFICE
~y-- CITY OF POWAY c1r,EI:iCiR'-I.1 ':,r,.1ITH cnlltH"1 F:ECOFi[IEF:
OC/\C\ FEE: 1-100
PO BOX 789 I-Ie 1'1."
COt) POWAY CA 92074 F'~',Cl[ , ::1
1111/1111111111111111111111111111111111111111111111111111111111111/1111111111111
Tax Parcel No. 317-281-09 ~!OO6-0216446
GRANT OF EASEMENT
(WATER LINES, GENERAL UTILITY & APPURTENANCES)
EA 05-05
Pomerado Leasing No, 9 L.P., a California limited partnership (hereinafter
"GRANTOR"). hereby grallls to 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," and depicted in Exhibit "B," 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, general utility, facilities for power transmission and communication purposes,
at such locations and elevations, upon, along, over and under the right-of-way
described in Exhibit "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 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:
A PORTION OF LOT 92,OF MAP NO 12572, IN THE CITY OF POWAY,
COUNTY OF SAN bfEGO, STATE OF CALIFORNIA, AS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 28, 1990, AS FILE NO 90-107515 OF OFFICIAL
RECORDS.
GRANTOR, its heir, 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
Development 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 discre"tion without any additional compensation.
(:) l.Q -O~ '"'2..
. .
Grant of Easement 8248
EA 05-05
Page 2
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 Agre.ement, 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 3.,.J.. day
of ~ ,2006
Pomerado g No 9 L.P, a California limited
partnership, Whitmann, Inc., a California
corporation, ner. I Partner
By'
Its: WhtJ,kert
, ,eVe ,"''/
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M:\engserv\eng forms\Easements\grant of easement.CofA EA OS-05.doc
CALlfORNIAAL.:L,PUR'&E ACKNOWLEDGMENT .
State of CevUf,v~ 8249
~"0fu~
County of
On ot0 tDlJ; before me, l.:f Ru- {) Kh{;G
Dale Gr )-k.~le of Officer (e.g., "Jane Doe, No Public")
personally appeared ~
Name(s) ofSigner(s)
~perSOnallY known to me
proved to me'on the basis of satisfactory evidence
to be the personM whose name~ is/are-subscribed to the
within instrumentand,ackhowledged to me that helsi lefllley
executed the same in his/hel/lI,ei, authorized capacity(ies),
and that by his/heF/tneirsignature(st on the instrument the
person.(8-), or the entity upon behalf of which the person{s)
acted, executed the instrument.
WITNESS my hand and official seal.
........
Signature of Notary Public
OPTIONAL
Though the information below is not required:bylaw, it may prove valuable.to;persons relving on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title( s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attbrne'y-in-Fact o ,Attorney-in"Facl
o Trustee o Truslee
o Guardian or Conservator o Guardian or Conservalor .
o Other' Top of thumb here o Other' Top of thumb here
I
Signer Is Representing: Signer Is Representing:
c 1996 Nalional Notary Associa:ion . 8236 Remmel Ave., P,O, Box 7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Cal! Toll-Free 1-800-876-6827
CALIFORNIA. ALL"PUR"E ACKNOWLEDGMENT .
State of ~4f"VJ110-.- I
County of ~ ~J 8250
On ;U ""cA:, I.. 200 (-, before me, ~t0<<- Wc..s-fr"-Fi /l/o-l""'l fu4,/,<..
oafe '^ ,,' Name and Title of Officer (e.g., 'Jane Doe, No ary Public")
personally appeared D~e-/ ,A--LWl-wJ",-/<..<..r
Name(s)of Signer(s)
N personally known to me
-B-pfeved-te-me-en-the-basfs-of.satisfactO!)i-evidence-
10 be the personj81 whose name~ is/are-subscribed to the
within instrument and acknowledged to me lhat he/she/they
executed lhe same In hisit\efltheirauthorized capacity(ies);
and that by his/hetiJReir- signalure(.8) on the instrument the
person,(s), or the eniity'upon behalf of which the person,(sJ
@ DlANEWESlRUP acted, executed lhe instrument.
Commission # 1449892
- . . NO PublIc . eauiomla . .
j 0,' ':'"n DIego County , f WITNESS my hand and offiCial seal.
MyComm. ExpIres Dee 5. 2007 ~ I
------------ ~ \ ---L-.
iJC/'-'~ ,<.'U<-~
Signature of Notary Public
OPTIONAL
Though the information below is notrequired by law, it may prove valuable to,perso(l5 relying on the document'and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &-....,.,f 0 f EC(SC/>>1~4
3/
Document Date: 3/06 Number of Pages: 2-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Titie(s): Title(s): I
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney'in-Fact 0 Attorney-in-Fact
o Trustee' 0 Trustee
o Guardian or Conservator . 0 Guardian or Conservator
o Other" Top of thumb here D Other" Top of thumb here
Signer Is Representing: Signer Is Representing:
@ , 996 National Notary Association' 6236 Remmel Ave., P.O. BOK 7164 . Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Cal! Toll-Fme 1-800-676.6827
. .
8251
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property. conveyed by the deed or grant
dated: March 1, ?OOfi from Pomerado Leasing No, 9 L.P" a
California limited partnership, Grantor, to the City of Poway, Grantee, a political
corporation 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: March 22. 2006 CITY OF POWAY
BY:4~W-~
I:. Diane Shea, City Clerk
, . .
.
8252
EXHIBIT A
WI-04-479
EA 05-05
DEDIC A nON OF A PUBLIC WATERLINE AND GENERAL UTILITY EASEMENT
TO
THE CITY OF POW A Y, COUNTY OF SAN DIEGO,
ST ATE OF CALIFORNIA
A GENERAL UTILITY EASEMENT, DESCRIBED OVER THE FOLLOWING TWO
PARCELS A AND B
PARCEL A.
The southerly 10 00 feet of the northerly 15.00 feet of Lot 92, of Map No. 12572, in the
City of Poway, County of San Diego, State of California,as filed in the Office of the
County Recorder of San Diego County, February 28, 1990, as file no. 90-107515 of
official records.
PARCEL B
The northerly 5.00 feet of the southerly 15.00 feet of Lot 92,of Map No 12572, in the
City of Po way, County of San Diego, State of California, as filed in the Office of the
County Recorder of San Diego County, February 28, 1990, as file no. 90-107515 of
official records.
A PUBLIC WATERLINE EASEMENT 20 00 FEET IN WIDTH, DESCRIBED OVER
THE FOLLOWING PARCELC.
PARCEL C
Beginning at the Northwesterly comer of Lot 92, of Map No. 12572, in the City of
Poway, County of San Diego, State of California, as filed in the Office of the County
Recorder of San Diego County, February 28, 1990, as file no. 90-107515 of Official
Records, said point being on the southerly right of way line of Danielson Street, said
southerly right of way line also being the northerly boundary of said' Lot 92; thence
easterlyaiong'the Northerly boundary of said Lot 92, S 740 OO'OO"E a distance of 24.57
feet; thence S '160 00'00" W a distance of 15.00 feet to a point to the southerly line of
above mentioned Parcel A, said point being the TRUE POINT OF BEGINNING, thence
S 740 00'00" E a distance of 20.00 feet along said southerly line; thence S 16000'00" W
a distance of 360.82 feet; thence S 740 00'00" E a distance of 11.92 feet; thence S 160
Page I of 2
, . . 8253
00'00" W a distance of 20.00 feet; thence N 740 00'00" W a distance of 11.92 feet;
thence S 16000'00" Wa distance of 5 04 feet; thence S 290'00',00" E a distance of 1919
feet;thenceS 74000;00" Ea distance of 100.23 feet; thence,N 610 00'00" E a distance of
25.54 feet; thence S 740 00'00" E a distance of 103.38 feet; thence N 160 00'00" E a
distance of 381.37 feet to the 'said southerly line of Parcel A, thence S 740 00'00" E a
distance of 20.00 feet along the said southerly line of Parcel A, thence S 16000'00" W a
distance of 381.37 feet; thenceS 74000'00" E a distance of 12.06 feet; thence S 160
00'00" W a distance of 20.00 feet; thence N 740 00'00" W a distance of 127 16 feet;
thence S 610 00'00" W a, distance of 25.54 feet; thence N 740 00'00" W a distance of
116.80 feet; thence N 290 00'00" W a distance of 35 76 feet; thence N 160 00'00" E a
distance of 394 14 feet, to the TRUE POINT OF BEGINNING.
Containing 0 49 acres
PLAT as Exhibit Battached
APN 317-281-09
As more particularly shown on Exhibit "B" attached hereto and by this reference made
part hereof ~',<\\()I'ESSI(JI'IA
Charles R. Bras ~ '(
'0 , "
Print Name RCE# .14220 ! ".";' ~" ' 6'
"'-
Expiration Date: 3/3l!2007 ,--=
I'" '-'
No. 14,220
Page 2 of 2
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B ~2.5-4
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I
PARCEL C T.p O.B. TRUE POINT OF BEGINNING
p.O.B. POINT OF BEGINNING
UNE DATA
BEARING LENGTH
T1 N 74' 00' 00" W 24.57 I
44,57' I T2 N 16' 00' 00" E 15.00 I
I L1 N 74' 00' 00" W 20.00 r SO.57'
t L2 N 16' 00' 00" E 360.82
L3 N 74' 00' 00" W 1192
L4 N 16' 00' 00" E 20.00
L5 N 74' 00' 00" W 1192 I
I L6 N 16' 00' 00" E 5,04 Iz I
I I L7 N 29' 00' 00" W 1919 I 0
0 -j
-1 ~i L8 N 74' 00' 00" W 100.23
<D . N 61' 00' 00" E 25.54 <..0
<..O~ L9 ~
G.I 0 : L10 N 74' 00' 00" W 103.38
L11 N 16' 00' 00" E 381.37 ~
I I N 74' 00' 00" W ~
, L12 20.00
'I I L13 N 16' 00' 00" E 381.37
, L14 N 74' 00' 00" W 12.06
L15 N 16' 00' 00" E 20.00
L16 N 74' 00' 00" W 12716
L17 N 61' 00' 00" E 25.54 I
I L18 N 74' 00' 00" W 116.80 I
I L19 N 29' 00' 00" W 35,76
L20 N 16' 00' 00" E 394,14,
",C!!
I
LOT 92 I
of MAP No. 12572
R=2946.5,O'
L=48.07
~ 6=00' 56' OS"
SCRIPPS POWA Y P ARKWA Y ~
- - ~ - -
WA TERLlNE EASEMENT OEDICA TED HEREON NOTE. ALL BEARINGS AND DISTANCES ALONG LOT
BOUNDARY ARE PER RECORD INFORMATION.
~ INDICATES GENERAL UTILITY EASEMENT DEDICATED EASEMENT AREA. 0.49 ACRE
HEREON 21,522 SQ.FT
" - "l'OIi'""J!2.INQ!(:AIES""IOXl~INGoFI LB~!C .,UTILlLY 30-'5 0 - - 30 60 :90"..-.....,..........".-:~".
EASEMENT AREA, PER MAP NO. 12572
_-..,~ -. -. . , ~ I
_ _ _ _ PROPERTY LINE OF LOT 92
SCALE: I" = 60'
METATE LN. PUBLIC WATER LINE & GENERAL UTILITY EASEMENT
DEDICA TED TO THE CITY OF POWAY
STONE DR. EXHrSIT B
EA 05-05 WI-04-479
S SCALE: 1"=60' APPROVED:
DRAWN BY: ERIK SATTLER DATE. 01-11-06
CHECKED BY' C.R. BRAS ApN: 317-281-09
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