Grant of Easement Water & Sewer Lines 2007-0454001
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, RECORDING REQUESTED _ . ~c # ~OO7-0454001
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., 1111111111111111111111111111111111111 11111 11111 11111 l1li1 1I1111ill 1111
&~ 'CITY OF POWAY
JUL 06 2007 2:41 PM
AND WHEN RECORDED MAIL TO' OFFICI.oL RECOFI[",.
'_,..'.lJi LqEClU CUUI'J T'; REC[lR[IEF:"~, UPFICE
Oc-~11 CITY CLERK l.mEI_~CiFj, ,j ':;ldITH [our,) r'l' RECOFi[IEF:
CITY OF POWAY FEE; :"_:,00
\ ({fI POBOX 789 9861 UI~. 11,0
F~I_lE'; t
POWAY CA 92074
APN: 323-280-21 11111111111111111 /Illlllllllililll~~I~I~~I~I~I~HI~I~~1!1I11111111
GRANT OF EASEMENT (30 FEET WIDE)
WATER AND SEWER LINES & APPURTENANCES
IN WELTON LANE
STI 06-300 (Syed)
WALTER AND TANIA BOORIAKIN (hereinafter "GRANTOR") hereby grant 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 described in Exhibit "A," and depicted in
Exhibit "B," to erect, construct, reconstruct replace, repair, maintain, and use water and sewer
pipelines for any and all purposes, together with such fix1ures 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 designated as APN: 323-280-21 (See Exhibits A and B attached hereto and
made a part hereof)
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 entitle 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 addition 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 doe not expand its use of the easement beyond
the easement boundaries described above.
Ot.;[r;~
. . 9862
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 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 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 WJNESS ,WHEREOF, the GRANTOR has executed this Easement this ( /"/f-( day of.
U Nt., 2007
~!fr~n vS~~-/:h~
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( ~^- /3 tlZ-tf2/uJ~
Tania Booriakin
(Signatures must be notarized)
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CALlFORNIA.ALL.PURPOSEACKNOWLEDGMENT 9863
State of California
County of San Diego
On Jt(;1I[ /1, Z007 before me, Phyllis Shinn, Notary Public
perSOnallyappeare:" LJ)JLilY:<. 11;f/1) T/fjl/l-4 N&~T";O~~,,;g( ;;/D",NotaO'pobIiO"1
Name(s)of Signer(s)
o personally known to me - OR - \RProved to me on the basis of s<:itisfactoryevidence to be theperson(s)
whose name(s) )slate. subscribed to the within instrument
and acknowledged to me that i)eis)leithey executed the
same in ~i~itheirauthorized capacity(ies), and that by
~ - - - - - - ~ s ~ N - - - J l1jSiflMtheir signature(s) on the instrument the person(s),
~....,. com. mlssl~n# :4':0304 or the entity upon behalf of which the person(s) acted,
~ '0 NoIO,rv Public. CoUfornlo I executed the instrument
~ . . Son DIego county i
. MyComm. ExpkeI Nov 9, 2007 WITNESS my hand and official seal.
------------ .~~
Signature of Nolary Public
OPTIONAL
Though the information. below ;s not required by law,,it may prove ~'afuable to persons. .reljiing on the document and could prevent
fraudulent removal andreattachment of this form to another document.
Description of Attached Document
Title or Type of Document: (/~;tJj Of t/,SCIUt:.")// 323- 2~{).-2 (
Document Date: Ju d II. 20 r) 7 Number of Pages: j-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney~in-Fact 0 Attorney-In-Fact
o Trustee 0 Trustee
. RIGHT THUMBPRINT. RIGHT THUMBPRINT
o Guardian or Conservator OF SIGNER 0 Guardian or Conservator OF SIGNER
o Other' Top of thumb here 0 Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association' 8236 Remmel Ave., P.O. Box 7184 . Canoga Par!<;, CA 91309-7184 Prod,' No. 5907 Reorder: C~U To!l.'F~ '1.800-876:6827
. . 9864
EXHIBIT "A"
WATER AND SEWER EASEMENT
APN 323-280-21
STI # 06-300 (SYED)
LEGAL DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO LAND SHOWN ON MAP NO 3973 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCING AT THE NORTHEASTERLY CORNER OF A 60 FOOT WIDE PRIVATE ROAD AND
UTILITY EASEMENT PER BOOK 7412, PAGE 128 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AS
SHOWN ON PARCEL MAP NO 10887 RECORDED AS FILE NO 81-014111 ON JANUARY 15, 1981,
THENCE ALONG THE EASTERLY BOUNDARY OF SAID EASEMENT SOUTH 00016'17" EAST FOR
221 06 FEET TO THE SOUTHEASTERLY CORNER OF LOT "A" OF MAP NO 3973, THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT "A" NORTH 88047'49" WEST FOR 25.75 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT "A" NORTH 88047'49"
WEST FOR 30.02 FEET, THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03004'36" WEST FOR
52072 FEET TO A POINT LYING AT RIGHT ANGLES TO THE SYED PROPERTY SOUTHERLY LINE (APN
323-270-06) AND DISTANT THEREFROM 4.25 FEET, THENCE SOUTH 86055'24" EAST FOR 30.00 FEET;
THENCE NORTH 03004'36" EAST FOR 521 70 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 15,636 SQUARE FEET MORE OR LESS (0.359 ACRES)
Prepared by'
Mik Hamada, RCE 25586
925 Cimarron Terrace
Escondido, CA 92029
Phone: 760-489-5834
.1 I I I I Jtt EXHIBIT "B" .
0 50 100 150 200 sn #06-300
SCALE: I" =100' 9865
N 88'48'46" W
POWA Y 60.02' D INDICATES EASEMENT AREA
. . .' DEDICATED TO COP. FOR WATER
almYI<<l4O AND SEWER
[ ] INDICATES RECORD PER PARCEL MAP NO.
S 00i6'17" E 50.00' 10887, U/lLESS OTHERWISE INDICATED
[S 00'43'58" E PER REC 2] REC 2 REFERS TO MAP NO 3973
"-
0 REC 3 REFERS TO R.O S NO. 17645
~
---- INDICATES BOUWARY OF WELTON LAfoE
S OOi 6'17" E 171.06' "" PER PARCEL MAP NO. 10887
[S 00'43'58" E PER REC 2] .
" /fJ/f: 1HS WID LlS tmIfII N'II J2J-W-21
I
I
S 00"07'02" W N 00i6'17" W
4.31' 4.01'
EASEMENT DATA
I N 88'.7'41/" W 30.02'
a PRrPOSElI safIllIAIi 2 5 OJtJ4'J6- W 520.72'
APN 323-270-42 a PRrPOSElI WA1!II1IAIi J S 86"55'24- E 30.00'
I
j N 03'04'36" E 521.70'
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APN 323-270-55 81 1
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APN 323-270-56 "' ;;1 I~::s
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APN 323-270-57 o (:;,.,. Ir!iC
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I:j 8:/ .' I PfYIIAY ROAD
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" .
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'-" .' EASEMENT LOCATION
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S 86'55'24" E
60.00' !V~GPlfttf!pn MF'll?
NOT TO SCALE
PREPARED BY: Plat to Accompany SHEET 1
MIK HAMADA, RCE 25586
925 CIMARRON TERRACE Water and Sewer Easement for OF
ESCONDIDO, CA 92029 Syed Residence on Welton Lane 1 SHEETS
(760) 489-5834
, ' ,
. 9~6 V
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
~t1t:- 1/ 200'7 from WALTER AND TANIA BOORIAKIN, 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: o 7 (;)./6 7 CITY OF POWA Y
Seal: BYCA~~
L. Diane Shea, City Clerk