Grant of Easement Water Lines & Appurtenances 2007-0545265
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~E~~~ING Rl:QUEST!BY 9941; 11I:!il ~liil'lllililllllll~llllil~; li"11I11 ~1"~I~IIIIII'
CITY~OF.POWAY :.:!J " 1 ':' '::',"'7 . 1 '~I F'I-!
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AND WHEN RECORDED MAIL TO' '\ Y, I ,",.II ,'leG', cuurlT'i F:E,',',,:r'EF,", uFFICE
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CITY CLERK /" / /l oc. 1'1,',
CITY'OFPOWAY /rlY a I ,'"E, :
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TaY Parcel NOI :275-461-07' -,
GRANTOF EASEMENT I /
WATER LINES&., APPURTENAN, CES ~
EA 07,06' " ,
DOCUMENTARYTRANSFERTAX $, , '
ALAN 171. BROWN" TRUSTEE OF THE BROWN FAMILY cRUST, (hereinafter i'GRANTOR")
heh~bygrants to CITY OF POWA Y (hereinafter "GRANTEE"), its successors, or assigns, the
following described easement for a right_of~way, in, upon,over, under ,and across the lands
,describea in Exhibit "A," and depicted.in Exhibit "B," to, ereCt, construct, reconstruct replace,
r,ElR-ai~; maintain, and use a pipeline or pipelines for any andflll purposes, together with such
fixtUres and appurtenances, including, but not limited to, facilities for power transmission and
cOlJlmunication purposes, <if such locations and elevations" upon, along, over and unde.r 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 tile' right of ihg'ress,afid~ " .o....:.~,-.::
egr,ess from the easel)lent gy a practical route or routes in, upon, over, or acros~the land
described below, togetherwith:tile righfto use this easement, for access to GRANTEE's rights-
ofAiliay situated in adjacent lands, without any additional compensation therefor
The land encompassing this easement is situated in the COlJrity'of San Diego, State of
California, and is more particularly described as follows, towit
ALL THAT PORTION OF LOT 3 IN SECTION 35; TOWNSHIP 13 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE ANDM'ERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE. OF CALIFORNIA, ACCORDING TO OFFCIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
- -'~EGINNiNG' ArA -f?6INJ~IN r8E WEScER.-LY LINE .oF SAID LOT 3, FROM
WHICH POINT THE' NORTHWESTERLY CORNER OF' SAID LOT 3, BEARS
NORTH 13'02'59" EAST, DISTANT 736:'00 FEET, THENCE SOUTH 13'02:59"
WEST' ALONG THE WESTERLY LINES OF SAID L<5f235.80 FEET; THENCE
LEAVING SAID WESTERLY LINE SOUTH 83'50'40" EAST 42753 FEET TO
THE CENTER LINE OF THAT CERTAIN 60 00 FOOT COUNTY ROAD,KNOWN
AS .MlssioN ROAD 1-A, ALSO KNOWN AS POMERADO ROAD; THENCE
ALONG SAID CENTER LINE NORTH 1'22'30" EAST 26771 FEET TO AN
INTERSEC;-i'ON WITH A LINE BEARiNG,SOUifH88'48'OO" EAST FROM THE
POINT OF BEGINNING THENCE NORTH 88'48'00"; WEST TO THE POINT OF
BEGINNING,
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, 611)100
,>' "V . . . . . 9942
GRANTOR, its fi'ei~; successors and assigns shall not ere<;:J.orco!uct or permilto be erected
.orconstructed any'buildiI19, ,structure or improvement of'piant ,any tree or trees or plant any
other vegeiation orflora within said easement witho,LJt t~~jexpress written, approval. of the City of
Poway as'evidenced by'the signature of the Director,of Development Seryices on an approved
plan. G"RAN:fdR, its heirs, successors and assigns shall not dig or drill any hole' or wells on any
portion,ofthe eas'ement.
GRANT:EE may use all gates a[ld fences, which, I}ow or later, cross any portion of the
!la,s,e.IT1,eilt GRANTEE shall also be entitle to trim, cut; or clear away or remove any trees,
brush; or other vegetation or flora frqm time to tirrie as GRANTEE determines in its sole
discretioh Without any addition compensation.
GRANTOR agrees that no other easement or easements shall. ~e granted on, under, or over
this easement withoufobtaining the' prior\Nritten consent of GRANTEE.
GRANTEE may at .any time increase its use of the easement, ch<i,nge th!l Location of pipelines
or other facilities within the boundarie's of the easement right-of-way,. or modify' the. size of
existing pipelfnes or oiher improvements as it may determine in its sole. discretion from time to
till)e without paying any additional compensation to GRANJOR or GRA_NTQR:s ~l2e!r~,.
successors, or assigns, provided GRANTEE doe:notexpand .its use of the easement beyond
th'eieasement boundaries described above.
It is also understood and agreed by the parties that the GRANTOR ana ,the GRANTOR'S heirs,
su<;:c!,!ssprs,or assigns, shiillhot increase or decrease or permit to be increase 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 arbitfation"proceeding, administrativeproceeding'or'liligation in law orin equity, incllJdlng-- ' '-='"'~
an ,action for declaratory relief, is brought to enforce or interpret the provisions or performance
ofthis,easement, the preva1'iing'''parly shall be entitled to an award of all attorney's fees and the
costs of the proceeding, which snail be determined by the court or the presiding officer having
authority to make this determination.
GRANTOR expressly warral'lts ,and represents that GRANTOR has the power to grant this
easement in accordancewithits,terms.
H..
IN WITNESS WHEREOF, the'GRANTOR has executed this Easement this 2.5" day of_
~VI.' '" Z ,2007
QL~3~~~
ALAN H, BROWN,TRUSTEE ~
(Signatures must be notarized. Notary form attached.)
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'( . . 9943
State of I daha
ss.
County of Kootenai
On this 28th day of June in the year of2007, before me, the undersigned, a Notary Public, personally
appeared Alan H, Brown as Trustee(s) of The Brown Family Trust, to me know to be the individual(s) described in
and who executed the within and foregoing instrument as said trustee(s), and acknowledged that he/she/they signed
the,sameas trustee(s) of said trust and as his/her/their fi'ce and voluntary act and deed for said trust, for the uses and
purposes therein mentioned.
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Residing: Hayden,ld
,\\1 Commission Exp: 6/24/2010
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9944
EXHIBIT "A"
WATERLINE EASE;MENT
EA - 07-06
LEGAL DESCRIPTION
ALL THAT PORTI01\J OF LOT 3 IN SECTION 35, TowNsHIP 13 SOU'fH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE trry OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, BEING A STRIP OF LAND 2000 FEET IN
WIDTH LYING 1000 FEET OI\J EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING. DESCRIBED CENTERLINE.
BEGINNING AT A POII\jTIN THE WESTERLY LINE OF SAID LOT 3, FR0M
WHICH POINT THE NORTHWESTERLY CORNER OF SAID LOT 3 BEARS
NORTH 13002'59" EAS;r;, DISTANT 736.00 FEET; THENCE SOUTH 88048'00"
EAST 32733 FEET TO THE WESTERLY LINE OF THE 21 OO,FOOT
EASEMENT FOR COUNTY HIGHWAY AS DESCRIBED IN DOCUMENT
RECORDED JANUARY 7, 1977 AS FILE NO: 77-006558 OF OFFICIAL
REGORDS, THENCE ALONG SAID WESTE,RL Y LJNE SOUTH 1022:30" WES.T
1371'FEET'TO l;HETRUE POINT OF BEGINNING, THENCElEAVlrIIG SAID -' ......
WESTERLY LINE ALONG SAID CENTERLINE, NORTH 89004'19" WEST
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22040 FEET TOA POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE SHORTENED OR
LENGTHENED TO MEET AT SAID WESTERLY LINE.
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L1C EXP 12-31"2006
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EXHIBIT B PAGE 1 OF 2
EA-07-06
LEGAL DESCRIPTION 9945
APPLICANT
A PORTION OF LOT 3 IN SECTION 35, TOWNSHIP 13 ALAN CLARK
SOUJI;J" RANGE. '2 WEST, SAN BERNARDINO BASE
,AND, MERIDIAN, IN THE CITY OF POWAY, COUNTY OF 15644 POMERADO ROAD
SAN DIEGO, STATE OF CALIFORNIA. POWA Y, CA 92064
APN' 275-461-12 (858) 245-0080
OWNER
ALAN H BROWN AND JUDITH L. BROWN,
TRUSTEES OF THE BROWN F AMIL Y TRUST
1~t344 POMERADO ROAD
POWAy,CA 92064
858) 245~0080
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ALAN H. BROWN, TRUSTEE
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JUDITH L. BROWN, TRUSTEE 0,
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PREPARED BY Iff ~/
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SPEAR & ASSOCIATES, INC. 'I<.~ 13113
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475 PRODUCTION STREET "'~Qy 6:11:
SAN MARCOS, CA 92078 's 0,(3
(760) 736-2040 "^'''r 1
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RAMON J. SPEAR, L,S. 6404
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VICINITY MAP 1
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NO SCALE
REVISED BY CITY OF POWAY CALE
DRA'hN8Y TEP , ATE 8/02/04 EF
CHECKED ,BY RJS WA TERLlNE EASEMENT P LA T lRACING NO.
APPROVED BY ATE
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9946 PAGE 2 OF 2
N.W. COR. EXHIBIT B ~
LOT 3 "'---..._ _ _
I) EA-07-06
/8 SCALE 1"= 60' -N-
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MAP NO. J0634
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L._ L-~-------- 13.71'
Co ' T.P.O.B. ,I
- Co 20' WATERLINE EASEMENT
- DESCRIBED HEREON ,
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EASEMENTS u;
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;(9 EASEMENT FOR PU'BLlC, ROAD RU~POSES IN ~AVOROF COUNTY OF SAN DIEGO '"
,8-1
REC, IN BOOK 122, PAGES 418 &. 4,19 OF DEEDS:
@ EASEMENT FOR COUNTY HIGHWAY PURROSES IN FAVOR OF COUNTY OF SAN DIEGO
REC. 1-7-1977 AS FILE NO. 77-006558 OR.
EASEMENT FOR .PUBLIC UTILITIES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY I
REG. 6-27-1978 AS FILE NO. 78-267280 OR. (NOT PLOJTAB~E) I
EASEMENT FOR UNDERGROUND COMMUNICAllONS IN, FAVOR OF PACIFIC TELEPHONE AND
TELEGRAPH COMPANY REC.5-1-1979 AS FILE NO. 79-179531 O.R. (NOT PLOTTABLE)
05-J09W1...
RE'VISED BY CITY OF POWAY CALE 1"-60'
D_RA~,.B_Y TEP ATE 8/02/04 EF
CHEC,KED BY RJS WA TERLlNE EASEMENT P LA T lRAaNG NO.
A!:,PR,OVEO BY
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. . 9947
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated June 28, 2007, from Alan H Brown, Trustee of the Brown Family Trust, 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' 7/';((./07 CITY OF POWA Y
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Seal.
: Diane Shea, City Clerk