Grant of Easement Water Lines & Appurtenances 2005-0175383
~
RECORDIi'JG REQUESTEly - c --) .elt
" ';'nUh-n 1 7h'::>("~
)Ll.. .:.....- _' . 0..;..) oJ \.),)i...I....
CITY OF POWAY 1111111111111111111111111111111111111111111111111111111111111111111111
AND WHEN RECORDED MAIL TO' MAR 03 2005 12:17 PM
nFFWi,iC..L HE CUF:[I'-,
~,':':'Jj 1=IIEI:1U I_ULlr J I I RlLlIFi~IEFi'(. rIFr-!I_:E
CITY CLERK I-; f".:[c. U1-:"1 : =.t.,.m H nJllrH'1 F:EcnF:[IEF-:
0' CITY OF POW A Y Ft:I-'-, UJIII
111_. r'J,:::'
POBOX 789 1-'.:':01-11::'; c:
~~ POWAY, CA 92074 IIIII!! 1I111 Ilili 1111111111 11111 III!I 1111111111 II!II 11I1 111111111111111111111111
Vf, No transfer tax due NO DOCUMENT TRANSFER TAX NO FEE
\ It APN 323-090-87 - ---
8777 2005-0175383
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WI-04-475
NO DOCUMENTARY TRANSFER TAX DUE
TOPPANOPTICAL PRODUCTS, INC.. a California corporation (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 below 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 rightto 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:
THAT PORTION OF LOT 4 IN SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERiDIAN, BEING ALSO APORTION OF PARCEL "B" PER
CERTIFICATE OF COMPLIANCE AND BOUNDARY ADJUSTMENT NO 96002, RECORDED
SEPTEMBER 20,1996 AS DOCUMENT NO 1996-0480626 OF OFFICIAL RECORDS, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
Said easement of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT 'K AND EXHIBIT "B" 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 City Engineer 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.
05 'D~5
. ~778
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 the prior written consent of GRANTEE.
GRANTEE, may at anytime 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 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 easernent this IY day
of ?"A'^,vil'ttt , 200~.~}r
TOPPAN OPTICAL PRODUCTS, INC.,
A CALIFORNIA CORPORATION
By' ~~~o_
Yoshi~ ko Jikake
By.
(Signatures must be notarized, Notary form attached)
. ~779
~ALlFOIRNIA ALL..PURP()SE ACKNOWLEDGMENT
I' '
, ,
State of California } ss ,
,
County of S:,n '7.), <;'3 0 "
"
,)c<n /'I, dO()5 ,before rne, John (! tll/ltL ,
On
Date Name and Ti~e o/Officer (e.g., "Jane Doe, Notary Public")
personally appeared FlA,)1 kc./Lc . 'io:, ;://lto
/ Name(s) ofSigner(s)
" ~rSOnalIY known to me ,I
" I
" proved to me on the basis of satisfactory
, evidence
,
, to be the personM whose name(~) is/,are
"
I ^ "'" " ..... ,.. ,..... ..... ..... -. r subscribed to the within instrument and
, JOHN'c..VlLLA acknowledged to me that he/she/they executed ,
I COMM,J/t1511706 ~ the same in his/hcl,'lIl~;' authorized ,
, NOTARY PUBLlC:CALIFORNlA -I capacity~, and that by his/Rc~'tf1/;rr ,
, SAN DIEGO COUNTY' 0) signature(~on the insirument the person(81, or "
My Cor,lm. EXpir8$ September 5. 2008
the entity upon behalf of which the person(g) ,
I
" acted, executed the instrument.
"
WiTNESS my hand and official seal.
Place Notary Seal Above "
,
OPTIONAL
" Though the information.below'/s not required by law, it may prove valuable topersons relying on the document "
, and could prevent fraudulent removal and reattachment of this form to another document. "
.,
Description of Attached'Document Ert5f'W'v"n7 (lJ.A:Jk, j",<"S I- Appu,.j"o I
Title or Type of Document:(0/24N j- Of-
Document Date: ~YI /1../ J ;/txJ5 Number of Pages: 'Y.g~P
.
zI'3/o
, Signer(s) Other Than Named Above: I
, "
Capacity(ies) Claimed by'Signer I
Signer's Name: rIA. }, iat." rosh,h'-I::o fliGHT THUMBPRINT ,
o Individual OF SIGNER ,
0"""Corporate Officer - Tille(5): Top vi thumb here '"
, "
, o Partner -0 Limited 0 General ,
o Attorney in Fact ,
o Trustee "
o Guardian or Conservator I
o Other'
I
Signer Is Representing: ,
@1997NationaINotaryAssociCllion'9350DeSotoAve., P.O. Box 2402. Chalsworlh, CA 91313-2402 Prod. NO.S9D? Reorder: Call Toll-Free 1.-800-876-6827
EXHIBIT "A" . · 8780
LEGAL DESCRIPTION
WATER LINE EASEMENT
CITY OF POWAY, COUNTY OF SAN DIEGO, CALIFORNIA
Page 1 of 3
-
THAT PORTION OF LOT 41N SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, BEING ALSO A PORTION OF PARCEL "B" PER
CERTIFICATE OF COMPLIANCE AND BOUNDARY ADJUSTMENT NO 96-02, RECORDED
SEPTEMBER 20,1996 AS DOCUMENT NO 1996-0480626 OF OFFICIAL RECORDS, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
THOSE 20 FOOT WIDE STRIPS OF LAND LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE.
STRIP "A"
BEGINNING AT NORTHWEST CORNER OF SAID PARCEL "B";
THENCE, ALONG THE WESTERLY LINE OF SAID PARCEL "B" SOUTH 00028'35" EAST 498.73
FEET,
THENCE, SOUTH 89031 '48" EAST 45.32 FEET TO AN EASTERLY LINE OF PARCEL 1 OF
THAT CERTAIN 20 FOOTWIDEWATER EASEMENT TO THE CITY OF POWAY RECORDED
SEPTEMBER 10, 2002 AS DOCUMENT NUMBER 2002-0769999, OFFICIAL RECORDS OF
SAID COUNTY, AND THE TRUE POINT OF BEGINNING:
THENCE, SOUTH 89031'48" EAST 46.33 FEET HEREINAFTER KNOWN AS POINT "A";
THENCE, SOUTH 89031'48" EAST 295.73 FEET HEREINAFTER KNOWN AS POINT "B":
THENCE, SOUTH 89031'48" EAST 296 41 FEET HEREINAFTER KNOWN AS POINT "C",
THENCE, SOUTH 89031'48"EAST 87.85 FEET TO A WESTERLY LINE OF SAID 20 FOOT WIDE
WATER EASEMENT TO THE CITY OF POWAY AND A POINT OF TERMINUS, HEREINAFTER
KNOWN AS POINT "D";
STRIP "B"
BEGINNING AT SAID POINT "A" DESCRIBED IN STRIP "A";
THENCE, SOUTH 00028'12" WEST 21.63 FEET TO A POINT OF TERMINUS.
STRIP "C"
BEGINNING AT SAID POINT "B" DESCRIBED IN STRIP "A";
THENCE, SOUTH 00028'12" WEST 41.95 FEET TO A POINT OF TERMINUS.
STRIP "0"
BEGINNING AT SAID POINT "C" DESCRIBED IN STRIP "A",
THENCE, NORTH 00028'12" EAST 24 48 FEET TO A POINT OF TERMINUS.
- I: \ WORD6\FILES\Kaj0400 I \Easemcnt- Waterline.doc
EXHIBIT '''A'' . .
LEGAL DESCRIPTION 8781
WATER LINE EASEMENT CITY OF POWAY, COUNTY OF SAN DIEGO, CALIFORNIA
Page 2 of 3
STRIP "E"
BEGINNING AT SOUTHWEST CORNER OF SAID PARCEL "B";
THENCE, ALONG THE SOUTHERLY LINE OF SAID PARCEL "B" SOUTH 88'15'31" WEST
718.24 FEET,
THENCE, NORTH 01'51'32" EAST 32.45 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF
KIRKHAM WAY AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF POWAY
RECORDED SEPTEMBER 3,1999 AS DOCUMENT NUMBER 1999-0609873, OFFICIAL
RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING,
THENCE, NORTH 01'51'32" EAST 55.71 FEET,
THENCE, SOUTH 88'08'28" EAST 43.28 FEET,
THENCE, NORTH 01'28'21" EAST 232.91 FEET HEREINAFTER KNOWN AS POINT "E",
THENCE, NORTH 01'28'21" EAST 277 36 FEET TO A SOUTHERLY LINE OF PARCEL 1 OF
THAT CERTAIN 20 FOOT WIDE WATER EASEMENT TO THE CITY OF POWAY RECORDED
SEPTEMBER 10, 2002 AS DOCUMENT NUMBER 2002-0769999, OFFICIAL RECORDS OF
SAID COUNTY AND A POINT OF TERMINUS.
STRIP "F"
BEGINNING AT SAID POINT "E" DESCRIBED IN STRIP "E";
THENCE, SOUTH 88'31'39" EAST 78.87 FEET TO A POINT OF TERMINUS.
STRIP "G"
BEGINNING AT SOUTHWEST CORNER OF SAID PARCEL "B";
THENCE, ALONG THE SOUTHERLY LINE OF SAID PARCEL "B" SOUTH 88'15'31" WEST
448.31 FEET,
THENCE, NORTH 01'48'53" EAST 32.45 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF
KIRKHAM WAY AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF POWAY
RECORDED SEPTEMBER 3,1999 AS DOCUMENT NUMBER 1999-0609873, OFFICIAL
RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING,
THENCE, NORTH 01048'53" EAST 45.63 FEET,
THENCE, SOUTH 88'11'07" EAST 23.59 FEET TO A POINT OF TERMINUS.
PARCEL "H"
BEGINNING AT NORTHWEST CORNER OF SAID PARCEL "B";
THENCE, ALONG THE NORTHERLY LINE OF SAID PARCEL "B" SOUTH 88'19'21" EAST
951.99 FEET,
THENCE, SOUTH 01 '40'39" WEST 511 44 FEET,
THENCE, NORTH 88'32'39" WEST 32.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, SOUTH 01'40'39" WEST 100.67 FEET,
THENCE, NORTH 88'19'21" WEST 20 00 FEET,
THENCE, NORTH 01'40'39" EAST 68.73 FEET,
J:\ WORD6\FILES\Kaj0400 1 \Easemcnt- Waterline.doc
EXHIBIT "A" . . 8782
LEGAL DESCRIPTION
WATER LINE EASEMENT
CITY OF POWAY, COUNTY OF SANDIEGO, CALIFORNIA
Page 3 of 3
THENCE, NORTH 43002'35" WEST 1937 FEET TO THE SOUTHERLY LINE OF PARCEL 1 OF
THAT CERTAIN 20 FOOT WIDE WATER EASEMENT TO THE CITY OF POWAY RECORDED
SEPTEMBER 10, 2002 AS DOCUMENT NUMBER 2002-0769999, OFFICIAL RECORDS OF
SAID COUNTY,
THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 88019'21" EAST 20 60 FEET TO THE
EASTERLY LINE OF SAID PARCEL 1,
THENCE, ALONG SAID EASTERLY LINE, NORTH 01042'50" EAST 18.13 FEET,
THENCE, LEAVING SAID EASTERLY LINE, SOUTH 88032'39" EAST 13.01 FEET TO THE TRUE
POINT OF BEGINNING,
ALLAS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF
tion prepared under the supervision of'
\ 0 . l~ . 04
SEPH G. TRUXAW, P.L.S 6871
..
r:\ WORD6\FILES\Kaj0400 1 \Easement* Waterline.doc
8783
SCRIPPS POWAY PARKWAE;HI8IT "8"
,r _ N88'19'2~W ~f~54.00'
b '_ 1!.!!8'19'21"W _ 951 99;--R/W -
Q ~ --
~ -
II peL "S" 5S If.
IlIlI '- rf 96~02 ~~~~ ~~~~_--'"""'----, ~
~ I-,-
II NOTE: II l;:;
I I @ EASEMENT OF THE CITY OF POWA Y FOR I
I I WA TER LINES AND APPURTENANCES REG. : I ,~
I SEPTEMBER 10., 20.0.2, AS DGCUMENT I 0)
I I ~ NO. 20.0.2-0.769999, GFFlCIAL RECGRDS. ~ '6
I <0 PT. "D" A 't-
I I 't- PT"A" PT. "B" '''' I I i3 _
I I STRIP "B" STRIP "C" -.J < ~
"I J ::::J N89'3[,,48''W _ _ J26 32~ _ I 11 ~ ~
I y: 295.73' - - - 29647'- - I L - -tAr- c:J e ~
_ STRIP "A"L2 PT. "C" _ r - I' U<::l ~
I :-.J UHf DATA TABLE STRIP "D" ~ I I : 1: ~ ~ t5
"'" ~ "''''''' ~ 1 1 ~' ~ ~"
I U N00"28 12 '[ 21.63' 0;),
L2 N00"28'12"[ 41 95' ~
_~ I LJ NOO'28'12"[ 24:48' 32.50.'
R/W~ - 0, 1 ~ I L4 N89'3I'48"W 45.32' ~ R/W
~ ,'" L5 NOI '48 '53"[ 32.45'
I _ ;r I I I LS N01'48 '53"[ 45.63' STRIP"f" 1,1'<0
,_ ,"C ~ """",,., ''''"~" ""
~ ~ I ~ II L8 N01'51'J2"[ 5571' .......11" 2 I S
-.J If. I I L9 N88'08'28"W 43.28' '" ~ -.J ~
LlO N88'3I'39"W 78.87' 2 1,1 g::
~ I W N88'J2'39"W 32.50' PT. "f" l{) I I c:::i
T.p.a.B. Ll2 N01'40'39"E 100.67' " "
Ll5 !oI.lPARCEL "H'I II L13 N8879'21"W 20.00' STRIP F
I '" :s; I Ll4 NOI'40'39"[ 68.73' _~ I,
:! I I ~ ii: I I I Ll5 N43'02'35"W 19.37' -- 1/'_ I ~
-.JI I ~ I LIS N8879'21"W 20.60' ~ 10; s:
~ 1 1 '" "'m"" "'" ~I N 1 ,
~ 1 1 "" 'M'm,'. "'" 81,1"!:> '
Ll3 <II'" j..;;; ~
!:::l L9 ~ -
'" L, t;:JfJTRff' L8 '" I
CI) L R/W l L6 I G T P a B -
DETAIL "A" - _: Ll8 L7,_ . . ;,;, 8
PARCEL "H" ~f44831' - L5, 269.93 Jjj6.25 STRIP E ~
NOT TO SCALE p.a.B. . '"' KIRKHAM ~ Y --"'" ~
STRIP '1" ~ N88'15'31"W 718.24 T P a B N88'15'3I''W t
STRIP "G" '" . . . . .li
AREAS OF EASEMENT: STRIP "G" !
RECORD DA TA NOTE: STRIP :A: = 14,526 SQ. FT. STRIP :E: = 12,185 SQ. FT. i
DA TA SHOWN HEREGN IS RECGRD STRIP B = 233 SQ. FT. STRIP F = 1,377 SQ. FT. -;::
PER PARCEL MAP NO. 18491 AS STRIP "C" = 639 SQ. FT. STRIP "e" = 1,384 SQ. FT. ~
FILE NO. 20.0.0.-314167, OFFICIAL STRIP "D" = 290 SQ. FT. E-
RECORDS, COUNTY OF SAN DIEGO. PARCEL "H" = 1,980 SQ. FT. ~
Prepared by: WATER LINE EASEMENT
c. rnlXll1l' and. AssocIoI... Inc.- IN THE CITY OF POWAY
Civil Engineers and Land Surveyors DRA\\1t CL CHKD: JGT CITY APPROVAL. SHEET NO.
265 $. Anita Dr/I'!!, Sun~ Ill, OrOngll, (".) 9J5-0265 ..,
DATE. 7 8 04 DATE. 7-8-04 DATE.
,. . . .
8784
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated January 14, 2005 from Tappan Optical Products. Inc., a California corporation,
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 Tecordation thereof by its duly authorized officer
Dated' February 16, 2005 CITY OF POWAY
Seal: B~JI.I/lL-l~
Sherhe D Worrell, Deputy City Clerk
N:lcitylsharelcertificate of acceptance-city.doc