Grant of Easement Water Lines & Appurtenances 2007-0512564
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-'-RECORDING REQUES& BY 1IIIIIIIIIIITllmllli 11I1~rn~lmli~I~111 ~III~I~IIIIII
-
CITY OF POWAY JUL 31, 2007 4'52 PM
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AND WHEN RECORDED MAILTO' m'FIU,~:'.L F:EL[If::[I~,
"c\,I'J [i!I:.C1U IJIUrH'1 REC.iJF:[IEFi :, uFFILE
hF;!:.L1Uf-;'I.1 ,1,,'1ITH LUIII',JT'I Rtl~UF:f_IEF
FEF': n,nn "'ljl"':'
CITY CLERK 01_. 1'1.0
CITY OF POWAY P.:l!lE'- ,
f~f POBOX 789 22305 IIOO~MIOO~UOO~OOIOO~m~
POWAY CA 92074
2007-0512564 :
~\,J t'< (This space for Recorder's Lise)
i Tax Parcel No 317-101-24,25.26,27
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GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
EA 07-02
THE REDEVELOPMENT AGENCY FOR THE CITY OF POWAY. a separate agency
established by the City of Powaypursuant to the Community Redevelopment Law of the
State of California (Health and Safety Code 330000) (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:
PARCELS C AND D,As SHOWN ON. BOUNDARY ADJUSTMENT CERTIFICATE OF
COMPLIANCE. BA NO 05-02 RECORDED JULY6. 2005 AS DOCUMENT NO 2005-
0566608 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OFFICIAL
RECORDS
GRANTOR. its heirs, successors and assigns shall not erector 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 orwells on any portion of the easement.
01-010
. . 22306
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 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 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 proceeaing. 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 'L../ day of
July. 2007
THE REDEVELOPMENT AGENCY FOR THE
CITY OF POWAY
By' ~'?f
Rod Gould, Executive Director
M:\engserv\eng. forms\Easements\EA 07 -Q2.doc
. . 22307
CAL:IFORNIA ALL.PURPOSE; ACKNOWLEDGMENT
~~~po:n>>~~M~ifh~~~~~
State of California }
ss,
Coun~ot San Diego
On t:}f2Jo/m1t before me, Shf'llf'yCollins, Notary Pllhli"
Da<. rz.tx.i.q id. N,m, aod 11<1, of Off. jeer (e.g., Jane Doe, Notary Public")
personally appeared .' ()'uJ
Name:(s) of Signer(s) ......~
~rSOnallY known to me
r-----..--..--~
. ., SHELl,EYCOWNS 0 proved to,me on thebasis'ofsatisfactory ev' nce
_..' . Commission 1114463.. 53 . to be the persbn(s) Whose. name(s) is/.ar '. scribed,
" Notary PublIc . Colllomla s: h 'th"" . d k d t th t
!. 'scm DI890 County - to t e WI In:lOstrument an ac no ,ge, ome. a
~ MyComm.ExplJes0cl21.2OO7l he/she/they executed th ame 10 his/her/their
_ _" ,_ _ _ _' __ -' - - - - .. ; authoriz~gc?p~aci, and that by his/lief/their
signature(s) e instrument the person(s), or the
entity u - behalf of which the person(s) acted,
ex ed the instrument.
Place Notary Seal Above
OPTIONAL
Though the inf6rmation below,is not required. by law, it may. prove vafL!.able:to.p(~i50nS relying on the document
an d could prevent fraUdU'iJ:];. oval and reattachment of this form to another document.
,DescriPtion. of Attached Documen . . IWLl e3-fl(ll1f2fY1Ql{k
Title or Type of Document (' , '
Document Dale: ,Number of Pages: (p
-Signer(s) Other Than Named Above: n./lJYl...9..-
Capacity(ies) Claimed by Signer(s)
Slgne(s Name: Signer's Name:
o Individual 0 Indivi(jual
o Corporate Officer -Title(s): 0 Corporate cjfficer -1].t)e(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact TOP:! thumb, here 0 Attoriiey'ii'i Fact TOP:t thumb here
o Trustee 0 Trustee
o GU,ardian or Conservator 0 Guardian or Conservator
o Other' iJ Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~~~~~~
@2004 National Notary Association. 9350 De Solo Ave., P.O. BOK 2402. Chalsworth, CA 91313-?402 liem'No.-S907 Reorder: Call Toll-Free 1caOO.876c6827
_. .~
. . 22308
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
~ 11 ,2007, from THE REDEVELOPMENT AGENCY FOR THE
. . Y OF POWAY, 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'~ ~1blJ1 CITY OF POWAY
B~~U;~~_
Seal:
L. Diane Shea, City Clerk
. . 22309
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTIONS OF PARCEL C AND PARCEL D OF CERTIFICATE OF
COMPLIANCE RECORDED JULY 6, 2005 AS FILE NO 2005-0566608 OF
OFFICIAL RECORDS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS
SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THESOUTHWESTERL Y CORNER OF PARCEL D OF SAID
CERTIFICATE OF-COMPLIANCE, THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID PARCEL D NORTH 01 '53'31" EAST, 98,50 FEET TO
THE TRUE POINT OF BEGINNING, THENCE NORTH 88006'29" WEST, 3 48
FEET, THENCE NORTH 01058'14" EAST, 9.50 FEET, THE;NCE NORTH 88001 '46"
WEST, 16,16 FEET, THENCE SOUTH 01053'32" WEST, 201 15 FEET, THENCE
SOUTH 88006'28" EAST, 89,84 FEET, THENCE SOUTH 43006'28" EAST, 59.22
FEET TO THE WESTERLY RIGHT OF WAY LINE OF COMMUNITY ROAD AS
DEDICATED APRIL 10,2001 i\S FILE NO 2001-0216036 OF O.R" THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT 0F WAY LINE SOUTH 01053'32"
WEST 28,28 FEET, THENCE NORTH 43006'28" WEST, 70,94 FEET, THENCE
, NORTH 88006'28" WEST,63 72 FEET, THENCE SOUTH 01053'32" WEST, 1.50
i. FEET, THENCE NORTH 88?06'28" WEST, 6,89 FEET, THENCE SOUTH 01058'14"
i
I _'. _ WESt, 2,50 FEET, THENCE NORTH 88006'28" WEST, 5,00 FEET, THENCE
I NORTH 01058'14" EAST. 4,00 FEET, THENCE NORTH 88006'28" WEST, 25,95
i FEET, THENCE NORTH 01053'32" EAST, 215 15 FEET, THENCE NORTH 88006'28"
I
I WEST. 18,96 FEET, THENCE NORTH 01053'32" EAST, 5,00 FEET; THENCE
i
; SOUTH 88006'28" EAST, 18;96 FEET, THENCE NORTH 01053'32" EAST, 21,02
! FEET, THENCE SOUTH 88?01'46" EAST, 12,60 FEET, THENCE NORTH 01058'14"
!
, EAST, 25,98 FEET, THENCE SOUTH 88001 '46" EAST, 4,00 FEET, THENCE SOUTH
I
; 01058'14" WEST, 25,98 FEET, THENCE SOUTH 88001'46" EAST, 3715 FEET,
I THENCE NORTH 47"58'09" EAST, 24.20 FEET TO A POINT ON THE SOUTHERLY
,
,
, RIGHT OF WAY LINEOFHTLLEARY PLACE AS DJ:jDICATED FEBRUARY 21,
i
i 1992 PER DOCUMENT NO 1992c009338 I OF O,R. AND ALSO BEING THE
i
i BEGINNING OF A NON TANGENT 75.00 FOOT RADIUS CURVE CONCAVE
I NORTHEASTERLY AND A RADTAL1'OSATD POINT BEARS SOUTH 55041'50"
I
I WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
I THR0UGRA €ENTRAI..ANGLE OF 150 1?'28", AN ARC DISTANCE OF 20,06;
I THENCE SOUTH47'58'09" WEST, 8,53 FEET, THENCE SOUTH 42001'51" EAST,
i
! 2,98 FEET TO A POINT ON THENORTHWESTERL Y LINE OF SAID PARCEL D;
THENCE SOUTH 42001 '51" EAST, 5,02 FEET, THENCE SOUTH 47058'09" WEST,
8,00 FEET; THENCE NORTH 4200 I '5 I" WEST, 5.59 FEET TO A POINT ON SAID
PARCEL D;THENCE NORTH 42001'51" WEST, 2.41 FEET, THENCE SOUTH
47058'09" WEST, 15.73 FEET TO A POINT ON SAID PARCEL D; THENCE NORTH
88001'46" WEST, 20,65 FEET, THENCE SOUTH 01058'14" WEST, 3 48 FEET TO A
Prepared by' DK NASLAND PLS 5562 104-224 1
My License renews 09"30,2007 1/17/2007, 3 13 PM
. . 22310
POINT ON SAID PARGEL]); THENCE SOUTH 01 ~28'}4" WEST, 6,00 FEET,
THENCE,NORTH 88006'29" WEST, 1.52 FEET TO THETRlJE POINT OF
BEGINNING
AREA. 9,491 SQ,FT 0,218 ACRES MORE OR LESS
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i Prepared by' DK NASLAND PLS 5562
, 104-224,1
j My License renews 09-30-2007 1/17/2007,3 13 PM
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22311 I}
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N88001 '46''W I
3715' NE CORNER OF THE SE 1/4 OF EXHIBIT B
l ,NoJI058'14"E 25,98' N47058 '09 "E THE NW 1/4 OF SECTiON 13
i NBBoOI'46"W 4,00' 24,20' N20057'53"W.ffi2-
I ~----
i NOI058'14"E 25,9B'~ . ~ ~S55041'50'WfEL- -
, NBBo01'46"W 12,60', '" <''%- HILLEARY
! N01053'32"E 21 02\. ufO? &-~ c$~' N0105816"E fBL PLACE
: N88006!2B"W 18,96') " / ';> S6" '\
! , " L9 L -.....:
i N0105332 E " LB N4705B'09"E B,53' I
! 5.00') N47058'09"E 8,00'
! L2 ~ N47058 '09 "E
! N8Bo06'28"W ~ ;.... \1 15.73' ( \
! 18.96' ~ ~ ~~~~~1'46''W '"
f- ~
i l..Jc, _ <::i I
: ~ ':- '" PARCEL D :!:!
i ~in ~ 'ti,CERTIFICA TE OF 21; l..J
! ,:: ~ COMPLIANCE -~51'--51'
i ~~~ ~ 2005"'"0566608 OR.::;-102'
i ~~~~ ) ~ ~
: " ,l..J Ie:; \\]
I ~ \ <:;.., Q
. a 'l..J~'" N890,OO'21"W 112.09' ::1 "1'
, l[) _i>!~~ , B ( ,,)... -.-.
! II .., - ,PO '" .., l-
i '.-. r~ ~ SO,ur'HWEST CORNER ~ ). l..J 2 Q 0:)
i '" PARCEL D '\ ) ;:: ':- "'" C)
l LJ <: Iv)~""" --J ~,...,
I ~ PARCEL C ~ i:i ~ d _ _ -.::.~_
-i- - (0)- ~--- CERTlFICATE-OF-j - ~ ~ ex:
j (J) COMPLlANCE.fu ~I 0
I ~ 2005'-0566608 O.R. ;.., ~ ()
[mr ~ N89000'02''W 1 00' g~
! NB8006'2B''W 8984' s. e:;
I ~/~~ ' "I
v'1::!'~' 50 --51'
I ~- -
. ~ ~ I
I 63'72' c?,;,.'" 51'--51'
: NBBo06'2B''W 25,95'--./. L5N88006'28"W-t-Vo 'l R ~~102' _
. N01058'14"E 4 00' N8Bo06'2B"W 6 B9'OJ:.</ /. "'!
I ," , -2c?. ' ,gs
I NB8006'2B"W 5.00' NO/058 14 E 2,50 ~ ~_
i LINE TABLE ~l..J
: NO, BEARING LENGTH ' ~
I Ll .N8B 006:29 ':W 1,52: '" I
'"
I v L2 NBBo06:29''W 3,4B' 0 I
I LJ N01058:t4"E 9,50' ~.
I L4 N8BoOl '46''W 16,16'
r L5 NOI053'32"E 1,50,'
i L6 N42001'51"W 2,98' lECEHlJ
, L7 N42001'51"W 5,02' r; / / /IlWA TER EASEMENT
L8 N42001'51"W 5,59
L9 N42001:51''W 2,41
LID N0105B'141'[ 3.48'
L11 NOI058'14"E 6,00' ARC TABLE
H" 104--224.1 NO, DEL TA RADIUS LENGTH
A NA'$LAND ENGINEERING Cl 15019'28" 75,00' 20,06'
V CIVIL ENGINEERING . SURVEYING . LAND PLANNING
4740 Ruffner Street, San Diego, CiilifOrniB, 92111 .858-292-7770
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