Grant of Easement (General Utility) 2005-0175380
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RECORDING REQUESTED BY DOC It :2005-0"1 75:j80
CITY OF POW A Y [11111' 1111 111111111111111 1111111111 IIIIIIIIIIIIIIIIIIIIIII!IIIIIIIII
AND WHEN RECORDED MAIL TO' MAR 03. 2005 12:17 PM
OfTI[I.~~.L RECW-:[I'_
",:"rJ UIEt-iO CCillrH'1 RECDF:[IEFi": 1~IFriCE
CITY CLERK !~F:tl,DFC ! ':.r..1:TH. COIII')1' F:[~JIR[,F.F;
CITY OF POWAY 8759 FEE':, Illl!1
Ili__ I'V.:.
POBOX 789 P:IGE :' (
(f POWAY, CA 92074 i~~OO~IOO~~OOOOOOIOOOOm~
l\.~~~ No transfer tax due NO DOCUMENTJR,ANSFERJA1< NO FEE
rJl{J'{ APN 323-090-87 - - -
\ GRANT OF EASEMENT 2005-0175380
(GENERAL UTILITY EASEMENT)
NO DOCUMENTARY TRANSFER TAX DUE
TOPPAN OPTICAL PRODUCTS, INC.. a California corporation (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"),a
GENERAL UTILITY EASEMENT for public and quasi-public utilities and services,
including but not limited to water, sewer, gas, telecommunications, and cable, and
access for the construction and maintenance thereof, whether such utilities are
operated by the City of Poway or under contract, lease, statute, or franchise with any
third party, public or private; together with the right to assign such easement to others in
whole or in part in, upon, over, under and across the lands described below
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 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.
Said easement of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" AND EXHIBIT "B" MADE A PART HEREOF)
In the event of any dispute involving this easement, 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.
05 .0'-\.=4
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8760
IN WITNESS WHEREOF, the GRANTOR has executed this easement this
IY day of "d<'WLJ4-~ >- ,2OOft-J-f/-
,
TOPPAN OPTICAL PRODUCTS, INC.,
A CALIFORNIA CORPORATION
By' 0/~ ~~
Yo~hi .. 0 ~kake
By'
(Signatures must be notarized, Notary form attached)
. .
CAUFORNIA~LL,PURPOSE ACKNOWLEDGMENT
1
State of California } ss 'I
I- san D\e:)O 'I
1 County of 'I
1
1
" ...)0.'" \<\ I c.OO5 ..10"" C \J,\\(;.
On , before me, ,
Dale Name and Tille of Officer (e.g , "Jane Doe, Notar{Public")
'I
personally appeared FlA ,-fl 1Lc.. ILL } 'l'o<.>h;\.-" '(0 "
Name(~) 6f?lgner(s) 1
o personally known to me ,
1
~ proved to rne on the basis of satisfactory "
evidence "
"
to be the personisf whose name(s) ,s/~ "
" subscribed to the within instrument and ,
" ,... "'" Q..^"'^,~^^A.t ;
JOHN C. VILLA acknowledged to me that he/~ti;JeV executed I
COMM. #1511706 ~ the same in his/tl9r/their authorized "
, NOTARY PUBLlC:CAlJFORNIA ..... capacity(ipe), and that by his/ile1'/tb€ir 1
" SAN DIEGO COUNTY Cb signature(8Yonthe instrument the person(:>j'; or ,I
My Comm. expires September 5, 2008 . ' .
, the entity'upon behalf of which the person(z)' 1
,I
, acted, executed the "instrument. "
, 1
WITNESS rny hand and official seal. "
, V~
, ? 'I
Place Notary Se~1 :Above ,
, ,I
, 1
OPTIONAL 1
, Though the information below1s not required by law, it may prove valuable to persons.relying on the document 1
, al?d could prevent fraudulent'removal'and reattachment of this 'form to'another document. 1
"
" Description of Attached 'Do~menl -f Cf/"SE1t7en-f ( 0enaal Llh/;!j a:;,-m.: )
I' Title or Type of Document: fln-t- 0
1 I
Document Date: J:tn NI, ,;)005 Number of Pages: 7 ,I
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer Yc,sA I j" ko "
, Signer's Name: ~ II K e;. Ju , RIGHT THUMBPRINT 1
, " , v OF SIGNER 'I
o Individual Top of thumb here
,
? Corporate Officer - Title(s): I
o Partner - O'Limited 0 General
o Attomey in Fact
o Trustee "
, o Guardian,or'Conservator
"
o Other' "
Signer Is Representing:
1
(, "
-"
@1997NationaINolaryAssociallon'9350DeSoloAv€., P.O. Box 2402' Chalsworth, CA 91313-2402 Prod. No. 5.907 Reorder: Call Toll Free 1 800-876-6827
EXHIBIT "A" . .
LEGAL DESCRIPTION 8762
GENERAL UTILITY EASEMENT
CITY OF POWAY, COUNTY OF SAN DIEGO, CALIFORNIA
Page 1 of 2
THAT PORTION OF LOT 4 IN SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, BEING ALSO A PORTION OF PARCEL "B"
PERCERTIFICATE 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, DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THAT CERTAIN
GENERAL UTILITY EASEMENT GRANTED TO THE CITY OF POWAY IN THE DEED
RECORDED AUGUST 25,1993 AS DOCUMENT NO 1993-0554185 OF OFFICIAL
RECORDS WITH THE WESTERLY LINE OF SAID PARCEL "B";
THENCE, ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF THAT
CERTAIN GENERAL UTILITY EASEMENT GRANTED TO THE CITY OF POWAY IN THE
DEED RECORDED SEPTEMBER26, 1995 AS DOCUMENT NO 1995-0428362 OF
OFFICIAL RECORDS, SOUTH 88019'21" EAST 903 61 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 35 00
FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 46005'34" EAST,
THENCE, SOUTHERLY 2785 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 45035'05";
THENCE, SOUTH 01040'39" WEST 82.60 FEET,
THENCE, SOUTH 00026'58" WEST 233.28 FEET,
THENCE, SOUTH 01040'39" WEST 845.87 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 35 00 FEET,
THENCE, SOUTHERLY AND WESTERLY 27.89 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 45038'55" TO THE NORTHERLY LINE OF THAT CERTAIN
GENERAL UTILITY EASEMENT GRANTED TO THE CITY OF POWAY IN THE DEED
RECORDED JUNE 17, 1999 AS DOCUMENT NO 1999-0424338 OF OFFICIAL
RECORDS,
THENCE, ON A NON-TANGENT LINE AND ALONG SAID NORTHERLY LINE, NORTH
88015'31" WEST 863.04 FEET TO SAID WESTERLY LINE OF SAID PARCEL "8";
THENCE, ALONG SAID WESTERLY LINE NORTH 00028'35" WEST 5.00 FEET,
THENCE, SOUTH 88015'31" EAST 838 74 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20 00 FEET,
THENCE, EASTERLY AND NORTHERLY 31 44 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 900 03' 50";
THENCE, NORTH 01040'39" EAST 845.78 FEET,
THENCE, NORTH 00026'58" EAST 233.28 FEET,
THENCE, NORTH 01040'39" EAST 82.70 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF20 00 FEET,
THENCE, NORTHERLY AND WESTERLY 31 42 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 900 00' 00",
T:\ WOR D6\FILES\Kaj0400 1 \Easement-General Utility.doc
EXHIBIT "A" . .
8763
LEGAL DESCRIPTION GENERAL UTILITY EASEMENT
CITY OF POWAY, COUNTY OF SAN DIEGO, CALIFORNIA
Page 2 of 2
THENCE, NORTH 880 19' 21" WEST 878.93 FEET TO SAID WESTERLY LINE OF SAID
PARCEL "B",
THENCE, ALONG SAID WESTERLY LINE NORTH 00028'35" WEST 5 00 FEET TO THE
POINT OF BEGINNING.
CONTAINING APPROXIMATELY 26,974 SQUARE FEET
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF
Descr ion prepared under the supervision of'
\
b'('3'O~
UXAW, P.L.S 6871
1:\ WO RD6\FILES\Kaj04001 \Easemcnt-GeneralUtility.doc
. 8764
,NDD'28'3q"W SCRiPPS POW A Y PARKWA~XHIBIT:rB"
63,54 J N8879'2I"W ,.
. . _ ff. ~54 DO _ B .
. N8879'2I"W ,,--R!~ .90.3.61' 1 N46:05'J4''C
NDD '28'35 "w '." ... ..... (RAD)
,,"' .' '
.;;1' 5.00.' ;~ N88'/9'2I"W "'. 878.93' C:. CI
hJ ~ :;:j, . - LI
~I"III '2
"- AREA OF PUBLIC L4
.~ I f/T/iffY EASEMENT
CURVf DATA. TtoOLf .., . ~
. I CURVE DEL TA RADIUS LENGTH -.J ' -.J
'CI 45'350.5' 35.0.0.: 2785'
C2 45'38'55" :35;0.0.,' 27.89'
C3 90.'0.3'50." 20..0.0.' 3144'
C4 90.'0.0.'0.0." .20..0.0.' 3142' Ff.
1 UNf DAtA TAPLf 15'
PCL. "A" I PCL. "S" LINE BEARING DISTANCE
LI NDI"40:39"E 82.60.' 32.'50'
L2 NDD'26 '58"E 233.28'
L3 NDD'26'"58"E 233.'28'
PLAY NO SA 95-02 L4 NOI"40'39"E' 8270.'
o EASEMENT OF THE CITY DF PDWA Y FDR GENERAL
UTlClTY PURPOSES AS DISCLOSED BY DEED REC.
JUIjE I! IF99 AS DDCNo. .1999-0.424338, R!W
D.R, RE-RECORDED SEPTEMBER 3, 1999 AS ~
INsTR. NO. 1999-0.60.9873, DR. ::s;
@, EASEMENT DF THE CITY OF POWA Y FDR GENERAL ,lei g:
UTlL~TY PURPOSES AS DISCLOS.(D BY Of ED REC. Fl .c:::s
SEPTEMBER 26, 1995 AS DDc..No. 1995~D428362, ~
,I DFFlCIAL RECDRDS. C3
<::
I @ EASEMENT DF THE CITY DF'RDWA Y FDR GENERAL ~
UTILITY PURPOSES AS DISCLOSED BY DEED REC ::s:
AUGUSI 25, 1993 AS DDC. NO.. 1993'-0.554185, ,~~
'" DFFlCIAL RECDRDS. ~ ~
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N88'15'31"W 838J4' ~. .....1 ~
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f . -N8.~;15'31. 'W-"':" '86J.'~D4'1' 'C2 !
R!WKIRKHAM WA Y ~ ~
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RECORO DATA NOTE: ~
DA,TA sHDWN HEREON IS RECDRD HER -=:
PARCEL MAP No. ;849/045 'fiLf NO. ~
2DDO-3i1167, OFFlCiil ,i?fCORDS, ~
CDUNTY OF SAIj D/fCo. . . AREA OF EASEMENT = 26,974 SQUARE FEET ~.
Prepared by GENEBA~. 'UTltlTY EASEMENT
'. 'c. Tf!'XO" iliJd~t...Iilc.- IN THE CITY OF POWAY
Civil Efigineers,fand'Land;Surveyo,s DRAWN: CL CHKD: JGT CITY APPROVAL SHEET NO.
265S.:AitI!",Drlve,"SlII!eH',(KQfl~',(7f4J.;9JS:;0265 . , .
:DATE: ,7 B 04 DATE: 7 8 04 DATE
~
. . 8765
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated January 14, 2005 from Toppan 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 recordation thereofby its duly authorized officer
Dated: February 16, 2005 CITY OF POWAY
Seal: BY~4.J~J {)u~
S'herrie D Worrell, Deputy City Clerk
N:lcitylsharelcertificate of acceptance-city doc