Grant of Easement Water Lines & Appurtenances 2007-0644193
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CITY OF POWA Y OCT 04 2007 12:08 PM
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Tax Parcel No 320-220-16
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES) r?FO.
EA06-13A ~-
DOCUMENT MY TRANSFER TAX $ ('j
POMERADO PROPERTIES L.P (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, 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:
LOT 2 OF MAP 18654
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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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 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 25th day
of July ,2007
POMERADO PROPERTIES, L.P
By: Techbilt Construction Corp.
- c f---r ~
By'
Ted Tchang
Its Vicp Presidpnt
By' ~ - ~ -:\:9.- 6 ~
enevieve Tchang Fro
Its, Secretary
M:\engserv\eng forms\Easements\EA 06.013.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of San Diego I
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On July 26, 2007 before me, Paula Harmer, Notary Public ~
Date Name and Title of Officer (eg" Jane Doe, Notary Public") ,
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personally appeared Theodore Tchang and Genevieve Tchang Frost 'I
Name(s) afSigner(s) I
i!i personally known to me 'I
o proved to me on the basis of satisfactory evidence I
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_ _ _ _ _ _ _ _ _ _ _ _ to be the person(s) whose name(s) is/are subscribed to the
~~ PAULA HARMER J within instrument and acknowledged to me that he/she/they 'I
_ - Commission # 1652769 executed the same in his/her/their authorized capacity(ies), 'I
~ ,.. t Notary Public. Col~ornta ~ and that by his/her/their signature(s) on the instrument the
~ ' , San Diego Caunty ( , , I
_ _ _ ~:~,,:..~es_Ma~1~2~O ~~~:~~~~~~~t~~ t~~tli~s~~~e~~half of which the person(s):
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WITNESS my hand and official seal. I
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Signatur8 of Notary Public )
OPTIONAL ,I
Though the information below is not required by law, it may prove valuable to persons relying on the document"and could prevent )
fraudulent removal and reattachment of this form to another document. I
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Description of Attached Document I
Title or Type of Document: Grant of Easement
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Document Date: July 25, 2007 Nurnber of Pages: 4 'I
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Signer(s), Other Than Named Above: N A
Capacity(ies) Claimed by Signer(s) I
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Signer's Name, Theodore Tchang Signer's Name: Genevieve Tchang Frost 'I
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o Individual 0 Individual
~ Corporate Officer [2!: Corporate Officer I
Titie(s): Vice President Title(s): Secretary ,I
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
o Trustee 0 Trustee 'I
o Guardian or Conservator , 0 Guardian or Conservator
o Other' Top of thumb here 0 Other" Top o~ thumb here
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Signer Is Representing: Signer Is Representing: I
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C 1996 National Notary Association. 8236 Remmel Ava., P.O. Box 7184' Canoga Par1o;, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT A
WI-06-S02
A PUBLIC WATERLINE EASEMENT 20,00 FEET IN WIDTH, DESCRIBED OVER
PARCEL 2 OF PARCEL MAP NO 18654
Beginning at the Northeasterly comer of Parcel 2 of Parcel Map No, 18654, in the City of
Poway, County of San Diego, State of California, as filed in the Office of the CO\lnty
Recorder of San Diego County, March 13, 2001, as file. no, 2001-0143901 of Official
Records, said point being on the southerly right of way line of Kirkham Way, said
southerly right of way line also being the northerly boundary of said Parcel 2, thence
southerly along the Easterly boundary of said Parcel 2, S 000 54'04"W a distance of
10,00 feet; thence N 8?D 18'29" W'a distance of 89,05 feet to a point to the southerly line
of a Public Utility Easement as ,shown on Map No, 13944, in the City of Poway, Counry
of San Diego, State of Calif()l;ni~ as filed in the Office of the county Recorder of San
Diego County, March 13, 2000, file no. 2000-126910, said point being the TRUE
POINT OF BEGINNING, thence
N 870 18'29" W a distance of 20.01 feet; thence S 000 54'04" W a disrance of 20.20 feet;
thence S 440 05'53" E a distance of 97.59 feet; thence S 000 54'04" W a distance of
174,06 feet; thence S 470 41'31" W a distance of 8315 feet; thence N 87018'29" W a
distance of 206.70 feet, thence N 020 41 '31" E a distance of 61 78 feet; thence N 870
18'29" W a distance of 20:00 feet; thence S 020 41'31" W a distance of 61.78 feet;
thence N 870 18'29" W a distance of 10,51 feet to a point on the Westerly line of said
Parcel 2; thence southerly along the Westerly line of said Parcel 2, S 02041'45" W a
distance of 20,00 feet; thence S 8'r 18'29" E a distance of 245,50 feet; thence N 470
41'3]" E a distance of 100.08'feet;',thence N 00054'04" Eli distance of 4,89 feet; thence
S 890 05' 56" E a distance of7 40 feet; thence N 000 54'04" E a distance of 20.00 feet;
thence N 890 05' 56" W a distance of 740 feet; thence NOOo 54'04" E a distance of
166.11 feet; thence N 440 05'~3" W a distance of 97.59 feet; thence N 000 54'04" E a
,distance of] 1.29 feet, to the TRUE POINT OF BEG]NNING.
Containing 0.320 acres
PLAT as Exhibit B attached
APN: 320-220-16
As more particnlarly shown on Exhibit "B" attached hereto and by this reference made a
part hereof.
Ramon], Sear
Print Name L.S, # 6404
Expiration Date: 12/31/2008
Page 1 of 1
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10,00' WIDE GENERAL KIRKHAM WA Y
UTILITY EASEMENT
N8!18'29"W 327,53' .0,8.
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LINE DISTANCE BEARING
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L1 20,01 N8T 18' 29"W I
L2 20,20 SO' 54' 04"W I
L3 9759 544' 05' 53"E . 77J \-=
I L4 17406 SO' 54' 04"W
I L5 83,15 S4T 41' 31"W
L6 206:70 N8T 18' 29"W
L7 61 78 N2' 41' 31"E
. I N L8 20,00 N8T 18' 29"W
'" ~
~I L9 6178 52' 41' 31"W
'" N8T 18' 29"W ~ ~ I
I') L10 10.51
}U L11 20,00 52' 41' 45"W
It)
~ L12 245,50 S8T 18' 29"E
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~I L13 100,08 N4T 41' 31"E
0 ~":
'Z:I NO' 54' 04"E
L14 4,89
PARCEl. 2 L15 740 589' 05' 56"E
PARCEl. MAP NO. 18854
L8 L16 20,00 NO' 54' 04"E P / /~ J
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:_~ L17 740 N89' 05' 56"W djL'~:'
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CERTIFICATE OF AGCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
Julv 25 , 2007, from Pomerado Properties L.P , a California Limited
Partnership, 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 Y flY! OJ CITY OF POWAY
Seal: BY~;~;~
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