Grant of Easement Water Lines & Appurtenances 2007-0530800
,- RECORDING REQUESTEa 11748 o of! It ~() () -/ -06 '?: I) ~3 ()O
- \
,- CITY OF POWAY 11111111 11I1 11111 IIlil UIII illll 1111111111 1111I 1111//1111l1li11111 1111
AND WHEN RECORDED MAIL TO' AUG 08, 2007
~. 459 PM
CITY CLERK UFFIU,::,.L /iIJUFiLI'",
CITY OF POWAY ',~I'j L"~I,~u I iIIIUT, HF.tLH--:L:Ei~i", 1-IFFL1"
POBOX 789 'jFiUliJF-:"1 I ',r'..11 i'H U I! I~fl, !::fr-nF:[It.r~i
FEE, II riel
POWAY CA 92074 :11- I'J ;~
oC :-''::'.llE :" F,
IG J 111111!lIililllllllilllllllllllillliilllillllllllillllllllliilUlilllllillliilll
Tax Parcel No 277-170-06
- 2007 -0530800
GRANT OF EASEMENT .
(WATER LINES & APPURTENANCES)
EA 07-11
Maderas Country Club, LLC. a California 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 "8," 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 3 OF PARCEL MAP NO 17989, IN THE CITY
OF POWAY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 25.1998
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 discretion without any additional compensation,
01-ot3
qrant of Easement . .
, EA 07-11 11749
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 slJle
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
inte.rpret 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 31st day of
July, 2007
Maderas Country Club, LLC, a California
Limited Liability Company
By' Sunroad Asset Management, Inc., its
Manager
-
BY'~/- <C' ;::-----=-
::..
Dan Feldman, President
M:\engserv\eng forms\Easements\grant of easement EA 07-11.doc
-..,.-
. .
1175{)
CALlFORNIA,ALL.PURPOSE ACKNOWLEDGMENT
State of California }
55. 1
County of :So~O- '<'~=
On '1 \ 2> \ \ G" before me, ~D-r-Q..S ~ 0","'->- ) y"0G!>~0
Dale NameandTllleofOfllcer(eg "JaneDoe,NOIaryPublic")
personally appeared O=--.--..S:;;:::=\~~'"
Nameis) ot S'gner(s)
'gpersonally known to me
D proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
f - - - - ~ ~ 00, -tz - - ~ aCk, nowledged'to me that he/she~hey executed
fiI DEBRA E. ~ 1~16 the same in his/her/their authorized
-, C"",": _ CaIIlOmIa I capacity(ies), and that by his/her/their
i. .. ~DilIgOCcuIIY', - slgnature(s) on the Instrument the person(s), Or
t My~~Marll.~ the entltY"'upon behalf of which the person(s)
__ _ _ __ _ -_ _ _ _ _ _ acted, executed the Instrument.
WITNESS my hand and official seal. ~
\ CkJ~ i=e------
Signature of Notary Public -,
OPTIONAL
Though the information below is not required bv law, it may prove valuabl~ to persons 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:
I
Document Date: Number of Pages: I
Signerls) Other Than Named 'Above:
Capacity(ies) Claimed by Signer ,\
Signer's Name:
.
,l 0 Individual It Top'of thumb'he're'
DCorporate Officer - litle(s):' \
D Parlner - D limited D General
I D Attorney-in-Fact
D Trustee
o Guardian or Conservator
D Other'
Signer Is Representing:
@1999 National Notary A.ssoClatlon 9350 De Solo Ave,. p,O, Bo~ 2402 CM.t5wOrth. CA 91313 2402. www.nat;onalnotary.orgProo.No. 5907 Reorder: Call Toll-Fr9-f;! 1-800.876-6827
J . .
I EXHIBIT "A" 11751
I
Legal Description for WATER EASEMENT
That portion of'Parcel 3 of Parcel Map No. 17989, in the Cityof'Poway, County of San Diego, State,.of
California, filed in the Office of the County Recorder of San Diego County, February 25,1998,
described as follows:
COMMENCING at the intersection of the Northwesterly line of Old Coach Road as shown on said
Parcel Map No, 1798%nd the Easterly line of said Parcel 3; thence along said Northwesterly line,of
Old Coach Road; South 45046'41" West, 323.63 feet to the TRUE POINT OF BEGINNING; thence
continuing along said Northwesterly line the following two courses: South 45~46'41" West, 26.41 feet
to the beginning of a tangent 1 030.00 foot radius curve, concave to the Southeast; thence
Southwesterly, along said curve, through a central angle of 00?28'40" an arc distance of8:59teet;;
thence leaving said Northwesterly line, non~tangent to said curve, North 44013'1 9"West, 32.15~feet to
the beginning of a tangent 1 95.00.foot radius curve, concave to the' Northeast; thence Northwesterly,
along said curve, through a central angle of 37011 '43" an arc distance of 126.59 feet; thence North
07"01 '36" West, 99 44 feet to the beginning of a tangent 105.00 foot radius curve, concave to the
Southwest; thence Northwesterly; along said curve, through a central angle of 65006'52"amarc
distance 01"119.33 feet, to the beginning of a compound 280.00 foot radius curve, concave to the
South, a radial to said point bears North 17"51'32" East; thence Westerly, along said curve, through a
central angle of 20033'51" an arc distance of 1 00.50 feet; thencenon:tangent to said curve, South
04045'07" East,.23.07 feet; thence South 51029'53"West, 86.05 feet; thence North 38?30'07" West,
I 20,00 feet; thence North 51029'53" East, 75.36 feet; thence North 04045'07"West, 12.38 feettothe
,
'.' beginning of anon-tangent 280.00 foot radius curve, concave to the South, a radial to said point bears
; North 06047'55" West; thence Westerly, along said curve, through a central angle of 05033'02" an arc
I
distance of 2713 feet; thence South 77039'03" West, 111.28 feetthence North 12020'57" West,
35 00 feet; thence North 77039'03" East, 15.42 feet; thence North 12020'57" West, 38.36 feet;th.ence
North 77039'03" East, 20.00 feet; thence South 12020'57" East, 38.36Jeet; thence North 77039'03"
East, 75;86 feet to the beginning of a tangent 315.00 foot radius,curve, concave to the South; thence
Easterly, along said curve, througha.central angle of 30012'29" an arc distance of 166.08'feet, to the
beginning of a compound 140.00 foot radius curve, concave to the Southwest, a radial to said point
bears North 17"51 '32" East; thence Southeasterly, along said curve, through a central angle of
44040'08" an arc distance of 10915 feet; thence non-tangent to said curve, North 64034'28" East,
1 O:OO'feet; thence South 25"25'32'''East, 1 0.00 feet; thence South 64"34'28" West, 1000 feet to the
beginning of a non-tangent 140.00 footradius curve, concavetotheWest, a radial to said point bears
North 66037'16" East; thence Southerly, along said curve, through a central angle of 16021 '08" an arc
distance of 39.96 feet; thence South 07"01'36" East,.99.44,feetto the beginningofaitangent160;OO
foot'radiuscurve, concave to the Northeast; thenceiSoutheasterly, alonmsaid:curve,thhiugh,a.central
angle of 37"11 '43" an arc' distance of 103.87 feet; thence South 44"13'19" East, 32.11'feelto the
TRUE POINT OF BEGINNING.
con:ains 0.591gres, more or less.
e". ~ ~~v~~r
Josep . Cresto P.L.S. 8050 ate '
Expiration: 12-31-07
-',' 11752
SCALE: ,1 "=100' PAGE 1 OF 1
J EXHIBIT "8" cc::;
\ Q:)
\ 01 T'""'
T"' 1
iiI' Q;)
\ liJ -
ij P . J\iJ. NO. -J1f)Bf) --
--
,--
,
PARCEL .Q 0
T"' z:
0 \T"'
N06'47'55"W ,"-'/
I - -(i~r - - ,~€ \ r
I _<:.>
10=30'12'29" ;...""<:.>' \ U CO
C~4 I R=315.00' - ~
Wf I L=166.08' ~' D" <
~"" Q.
~ · c,,~ m'~"'" \ U.:: t-,,'
C12. VI ~ C8 {" ~l"O"O'
g ~ tJ', C9~ CJ 'I~&'fr' (',\1 r <;r')
\ T"'
> c,o ~ 'C,' PO C
<J I?.(~ ~ . . - ~
o ,,7;: (',\
~... "6' 70 <:J
i0 C 0 "<t:i<"I% ------""~'I'"':'_
'" I "J
, (/l
_____________DA~~_~~~::_____________ ~<O ~~~
oeD . ~
NO BRNG/DELTA RADIUS LENGTH ~,... ~tgi
~.;;:---;;;;-;;:----;:;;:- ~.,~~ ,
C2 N44'13'19"W - 3215' 1 'i? 0
C3 20'33'51" 28000' 100 50' I'"'t=\ z:
C4 S04'45'07"E --- 23.07' r:; ~~-::.,
C5 S51'29'53"W --- 86 05' \1> '<&<&1&. )-,
C6 N38'30'07"W --- 20.00' ;'&~<l)'
C7 N51'29'53"E --- 75.36' /;<&!P- ~7 <
C8 N04'45'07"W --- 1238' tf. . 3B..,
C9 05'33'02" 280 00' 27.13' < 0<
C10 S77'39'03"W --- 111.28' . B..,~
cn N12'20'57"W --- 35 00'
C12 NH'39'03"E --- 15.42' r
C13 N12'20'57"W --- 38,36' 0
C14 N77'39'03"E --- 20.00' -1
C15 S12'20'57"E --- 38.36'
C16 N77'39'03"E --- 75.S6'
C17N64"34'2S"E --- - 1000'
C18 525'25"32"[ --- 10 60'
(;19 564'j4'28"W --- 10 00'
C20 16'21 "os" 140 00' 39.96'
C21 S44 '13' 19"[ --- 32 11'
WA TER EASEMENT
- CIVIL ENGINEERS- PLANNERS -lAND SURVEYORS IN
9605 CHESAPEAKE DRIve PHONE: 858.694.5660 PARCEL 3, P.M. NO. 17989
SUITf320 FAX: 858.694.5661
SAN DIEGO. CA 92J23-1324 www.scengr.(om
..IN: 05007 02 DWG: 072EXO 1 PLOT 12-15-06
. · 11753 !R
" .
,
,
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated 1111 y 11 ?nn7 from Maderas Country Club, LLC, a California
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 ? h /rJ1 CITY OF POWAY
By'