Grant of Easement Water Lines & Appurtenances 2007-0589926
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. _'~ _ . 9581 De=-. # 2007-0589926
RECORdiNG REQUESTED BY ~(o 1111111111111111111111111111111111111111111111111111111111111111111111
CITY OF POWAY Pr
N SEP 06. 2007 3'33 PM
AND WHEN RECORDED MAIL TO' OCf1Ov c ,FILloL RECOP,U:. .
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\ con riREr;nFfl ,I '::~,.,11~H COUr'p', F:ECOF;[IEF:
CITY CLERK FEE', [I I!U
CITY OF POWAY DC. lip
POBOX 789 P6CiE" ('-
POWA Y CA 92074 1 11111111111111111111111111 ~Illlllllllllllllllllilllllllllllllllllllllllllllllli
APN 321.271.05
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
EA 07-08
No Documentary Transfer Tax Due
GEORGE ARDIZZONE Ltd., (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, 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 20 FOOT WIDE LAND LYING WITHIN PORTION OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 8, IN TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALlFRONIA.
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.
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. . 9582
Page 2 ~. GRANTOR agrees that no other easement or easemellts' shall be granted on, under, or
over this easement without obtaining the prior written cOllserit 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
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 arid 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 ?. Cj r~ay of
A I..J <: uSf ,2007
GEORGE ARDIZZONE Ud
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. . 9583
CA[IFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On /ht6u 5;21. ZOO 7 before me, Phyllis Shinn, Notary Public
Dale tit? 12/; t- M ~/ Z ~~le-ofOffiCei(e.g., JaneDoe,NotaryPublic")
personally appeared
Name(s) ofSigner(s)
o personally known to me - OR -i~l?rOvedto me on the basis of satisfactory evidence to be theperson(~
whosenameollcis/a~subscribed to the within instrument
and acknowledg~d to me that he/s~LUJej~L.executed the
same in his/J)er/t~.a\Jthorized capacity(i~, and that by
r ,",,".;. PHYLLIS SHINN' his/~th)iirsignature(~on the instrument the person(~
"if) Comm~5ion #1450304 or the entity u'pon behalf of which the person(~ acted,
, f.,~~_ Notary Publlc- COUtorn/a f executed the insfrument.
i \ , , San Diego Cciunty f
WITNESS my hand and official seal.
_ .~ _' ~,:o:m:..Ex~lre~~V:9~2~j
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OPTIONAL
Though'the information below is not:reciuire~ bylaw, it may prove valuable topersons relying on the dOGument and could prevent
fraudulent. removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited tJ General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney'in-Fact
o Trustee o Trustee
o Guardian or Conservator RIGHT THUMBPRINT o Guardian or Conservator RIGHT THUMBPRINT
OF SIGNER OF SIGNER ,
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer is Representing:
e 1994 National Notary ASsoClaUon. 8236 Remmel Ave:, P.O.' Box 7184'. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call TolI~Free 1-800-876-6827
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EXHIBIT 'A'
WATERLINE EASEMENT
APN 321-27I~05
A 20 FOOT WIDE LAND'L YING WITHIN PORTION OF THE SOUTH HALF OF
THE NORTHWEST QUARTER OF SECTION 8, IN TOWNSHIP 14 SOUTH, RANGE
I WEST, SAN BERNARDINO AND MERIDIAN, IN THE CITY OF POW A Y, i
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLATS THEREOF, THE CENTER LINE OF SAID 20 FOOT WIDE LAND BEING
DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 8, THENCE ALONG THE WEST LINE OF
SAID SOUTH HALF, SOUTH 00027'24" EAST, 1315,59 FEET TO A POINT ON THE
NORTHERLY SIDE LINE OF ROAD SURVEY 472, KNOWN AS POW A Y ROAD
ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO
COUNTY, THENCE NORTHEASTERLY ALONG THE NORTHERLY SIDE LINES
OF SAID ROAD SURVEY 472, NORTH 53040'41" EAST, 606.15 FEET TO THE
TRUE POINT OF BEGINNING, THENCE NORTH 36018'00" WEST, 186.39 FEET
THE SIDE LINES OF SAlD20 FOOT LAND TO BE PROLONGED OR SHORTENED
SO AS TO TERMINATE IN THE NORTHERLY SIDE LINE OF SAID ROAD
SURVEY 472.
TOTAL AREA IS 0 09 ACRES, MORE OR LESS.
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PREPARED BY
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WILLIAM C. EN, RCE 33730
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EXHIBIT 'B' 9585
WATER EASEMENT PLAT
"321-271-05"
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LINE DATA
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L1 N36'18'OO"W 186.39'
WOO504
, . . . - 10
9586
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated. ~Ajf)W7b zq: 2/)/)1 from George Ardizzone Ltd., 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: Cj I Lj / 01 CITY OF POWA Y
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Seal: Byqb~
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