Grant of Easement Water Lines & Appurtenances 2005-0299521
; ,
RECORDING REQUESTED B' 10813 DCa # 2005-0289521
; , 1111111111111111111111111111111111111111111111111111111111111111111111
CITY OF POWAY
t AND WHEN ",CORDED MA" W APR 12, 2005 10'53 AM
DFFWIAL F:!:CUR[IS
CITY CLERK :1,uJl D1EC,CI U=lur.ll'1 F:EUJF;[IER'C DFFICE
.~ .IX cn:y OF POWAY 11REtiOFi"1 ,I -;MITH CUUNT'I F:ECDF:[IER
FEE'" 0011
~ PO BOX 789 ue r.J.e.
\ POWAY CA 92074 F'wr~E'; 8
No transfer tax due 11111111111111111111111111111111111111111111111111111111111111111111111111111111
Tax Parcel No. 323-090-89
2005-0299521
GRANT OF EASEMENT
Qi!lATER LINES & APPURTENANCES)
EA 04-17
NO DOCUMENT TRANSFER TAX DUE
Kirkham Road, LLC, a Delaware Limited Liability Company (hereinafter "GRANTOR"),
hereby grants 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,
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 PARCEL 1 OF MAP 5750, IN THE CITY OF POWA Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ALSO BEING
PARCEL 3 OF CITY OF POWAY CERTIFICATE OF COMPLIANCE,
RECORDED NOVEMBER 3, 1999, AS DOC NO 99-0735323, OFFICIAL
RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
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. GRANJOR, 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 additional compensation
tn -O"t~
Grant of Easement . .
'EA 04-12 10814
Page 2
GRANTOR agrees that, no other easement or easements shall be granted on, under, or
over this easemeni 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 rightcof-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 Agreernent, 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 WJl)jESS WHEREOF, the GRANTOR has executed this Easement this .t. ( day
of Are.cf! ,2005
Kirkham Road, LLC, a Delaware Limited
Liability Company
D~1~V,f H#?--. -
llUN M1ICHELL
\j-f,'
Its,
M:\engserv\eng fonns\Easements\grant of easement EA 04~ 17 .doc
. .
10815
}
$;TATE OF GALlFOR~IA }ss,
COUNTY OF SAN DIEGO }
On March'24. 2005 , before me, Ann M., Futo; Notary Public personally
appeared Don Mitchell and \'(ince Ferrer personally ~50wn to ~e to be the persons
whose names are subscribed to the withiii instrurnent'and acknowledged to me that they
executed the same in their auttfQi'ized capacities, and that by their signatures on the instrument
the persons or theerltity upon behalf of which thepersonsach3d, executed the instrument.
:::::: my a::~c00
J - :- - - - - - '-- - - -
_.. ANN M, FUTP
-.' " , commlss"lon #,1546838 J
i '0 ,Notary Public - CanromJa i
j , San Dlega CouOtv ~
-,- MyCamm.ExpinosJan23;~
_.- - - - - - - -- -
This area for official notarial seal
Title of Document Grant E'asementfor K'irkhamRoad LLC Water Lines & Appurtenances
Date of Document No of Pages
Other signatures not acknowledged
Notary Form-2 Mc~"i,I}!.n C_orriPanle~
. .
108'16
CERTIFICATE OF ACCEPTANCE
This is to certify that th(C! iriterest in real property'coriveyed by the deed or grant,
dated, March 24, 2005, by Kirkham Road, LLC, a Delaware Limited Liability Company,
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 31. 2005 CITY OF POW A Y
BY:~~~
L, lane Shea, City Clerk
Seal:
N:lcitylsharelcertificate of acceptance-city,doc
. .
10'817
J
WATER EASEMENT
EA 04-17
EXHIBIT "A"
Being a portion of Parcel I of Map 5750, in the City of Po way County of San Diego, State of California,
also being Parcel 3 of City of Po way Certificate of Compliance, recordedNov 3,1999 as Doc. No. 99-
0735323, Official Records:
PARCEL I-WATER EASEMENT
An Easement 20 feet in width, being 10.00 feet measured at right angles, on each side of the following
described line:
Beginning at the, most northwesterly-corner of said Parcel 3, thence South' 00'1 7'20" East, 59 03 feet along
the westerly line of said Parcel 3 to the True Point of Beginning; thencdeaving said line North
89'42'40" EaSt, 38.50 feet to a point herein setout as Point "A"; thence South 00'] 7'20" East, 245.67 feet
to a point herein set out as Point"?"; thence continuing South 00' ] 7'20" East, 5 16 feet; thence South
45'] 7'20" East, 2.63 feet to a point herein set oulas Point "C";, thence continuing South 45'17'20" East,
16.12 feet; thence North 89'42'40" E",t, 756] feet to a point herein set out as Point "D"; thence
continuing North 89'42'40" East,:33 go feet to a point herein selout asPoirit "E", thence continuing
North 89'42'40" East, 85.81 feet to, a point herein set out as Point "F";thence North 0 1'02'08" East,
265 0] feet; thence North 4T04'25"East, 32.65 feet to a point, said point being the beginning of a 30 feet
wide Easement, being 15.00 feet measured a right angles, on each side of the following line: North
01'02'08" East, 23 75. feet, terminaiingat a point on the southerly-line of Kirkham Way, said line being
described in Doc. No. 1999-0609871, Grant of Roadway and General Utility Easement, recorded June] 7,
I 999,said line being a curye, concayenortherly, having a radius of 1232.50 feet, said point having a radial
bearing North 10'56' 12" West: a tie from 'said pointto the northeast corner of said Parcel 3 bears North
82'15 '26" East, a distance of 15 ] 8 feet.
PARCEL 2-WATER EASEMENT
An Easement 20 Feet in width, being 10.00 feet measured at right angles, on each side of the following
described line:
Beginning,atPoint "A" as set out in Parcel J, thence North 89'42'40" East, 24.00 feet.
PARCEL 3-WATER EASEMENT
An easement 10 feet in width, being 5 00 feet measured at right angles, on each side of the following
described line:
Beginning atPoint "B"'asset out in Parcell, thence North 89'42'40" East, 23,00 feet.
. .
10818
2
PARCEL 4-WATER EASEMENT
An easement ,I 0 feet in width, being 5 OO'feet.Jneasured at right angles, on each side of the following
described line:
Beginning at Point "C" as set out in Parcell, thence South 44042'40" West, 41.57 feet.
PARCEL 5-W A TER EASEMENT
An easement 10 feet in, width, being 5 00 feet measured at right angles, on each side ofthe following described
line:
Beginning at Point "0" as set out in Parcel I,thence North 00017'20"" West, 25,00 feet.
PARCEL 6- WATER EASEMENT
An easement I o feet in width; being 5,00 feet measured at right angles, on each side of the following described
line:
Beginning at Point "E" as set out in Parcell, thence North 00017'20"" West, 22.50 feet.
PARCEL 7' WATER EASEMENT
An easement20 feet in width, being 10.00 feet measured at right angles, on each side of the following described
line:
Beginning at Point "F" asset out in Parcel I, thence North 89'42'40" East, 24,50 feet.
Side lines of said easement parcels to be extended or shortened to meet at angle points and property lines.
Easement is more particularly shown in Exhibit "B", attached hereto and by this reference made part hereof.
;/. -- }23/ 0<-
Signature I R gistr iOIl ExpIres
, ", 819
CITY OF POWAY SHEET 1 OF 2
WATER EASEMENT PLAT I",
EXHIBIT B /..-;- -
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APN: 323-090-89
OWNER: KIRK"HAM ROAD.LLc a, Delaware Limited Llablllt Com an
APPLICANT: KIRKHAM ROAD l.LC a Oelaware Limited L1abilit Com an
lHlS PLAT WAS PREPARED W11H MY KNOI'vliDGE PLAT NO,
AND CONSENT SIGNATURE
MAP PREPARED BY: lHOMPSON LAND SURVEYS 2615 FIRE MOUNTAIN DRIVE, EA 04-17
OCEANSIDE, CA. 92054 760- 721-1849
MICHAEL S, lHOMPSON LS, 7133 PHONE: (760) 721_1849
0820
C P SHEET20F2
ITY OF . 'OWAY
WATER EASEMENT PLAT
, EXHIBIT B
EA 04-17
'Z
UNE DATA I:::'
I\i\
NUMBER DIRECTION DISTANCE \~ DETAIL 'A' Ig.
L1 N 89042:40" E 38,5.0" I~ 'o:lE
L2 S 00'17'20" E 245.67 ' I~",- I~
. '-"
L3 S 00'17'20" E 5:16' 1.1. _00"\\,4',
L4 S 45'17'20" E 2;63' " I~ t>~lZ,Z.50
L5 S 45'17'20' E 16,12' -'-"v-2~~01 N _4:!,~ __
L6 N' 89'42'40" E 75 61' ~1 , : 7 881531 W
.- ~~.~7~ 00
L7 N 89042'40" E 33.00' .-.-'V'"t>~\3"\\ 4 E",St.li. , 0
"Ui\L. 5 - <oN
L8 N89042' 40" E 85;81" \0' GEe,'i\7 /99, ~\ ________ - "! e
L9 N 01'02'08" E 265 01 REC. 99_0609~' - a; 0
. ooc. ::::-- .., z
L10 N 47"04'25" E 32,65' f
L1.1 N, 01002'08" E 23',75' NO SCALE
L12 N 89'42'40" E 24.00'
L13 N 89'42'40" E 23.00'
L14 S 44'42'40" W 41.57'
L15 N 00'17'20" W 25.00'
L16 N 000,17'20" W 22.50' POWAY ROAD
L 17 N 89,'42'40" E 24.50' !;il
o
0:
LEGEND: 15
>- s~
INDICATES LOT LINE :;; ~
=>
_________ :::e
:=.::-_-=-_:.= INDICATES WATER EASEMENT - 0 STREET
'-'
CRIPPS POWA
EASEMENT NOTES
If\' GRANT OF ROADWAY AND GENERAL UTILll't'
\!Y EASEMENT, DOC. 99-0609871, REC. 6/17/99, O,R,
@ 10' GENERAL UTILllY EASEMENT', PER GRANT DOC,
1999-0609871, REC. 6/17/99, AND DOC
1999-0424341, REC, 6/17/1999
@ EXST FLOWAGE EASEMENT GRANTED TO SAN DIEGO
COUNl't' FLOOD; CONTROL DISTRICT, ZONE 1, PER VICINITY MAP
DEED REC. 2/23/77 AS DOC, 77-065833, O,R, N08CAI.E
D EXST UTIUl't' EASEMENT TO SDG&E, REC, SEPT 1, 2004
AS DOC, #2004-0836049, LOCATION CANNOT BE.
DETERMINED FROM RECORD DOC,
lEGAL:oeSCRlPTlON
THAT PORTION OF PARCEL 1 OF PM 5750, IN THE CllY OF POWAY, COUNl't' OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNl't' RECORDER OF SAN DIEGO COUNl't', ON MARCH 31,
1977, AS FILE NO, 77-1,18268 OF OFFICIAL RECORDS, BEING PARTICULARLY DESCRIBED AS PARCEL 3
OF BOUNDARY ADJUSTMENT BA 99-10, CERTIFICATE OF COMPLIANCE IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE 'OF CALIFORNIA, RECORDED NOV 3, 1999, As DOC. NO, 99-0735323, OFFICIAL
RECORDS,