Grant of Easement Water Line & Appurtenances 2004-0212701
" REGo"RDING REQUESTE.Y 9451 DOC '2004-0212701
CITY OF POWAY MAR 16. 2004 8:39 AM
. AND WHEN RECORDED MAIL TO: OFFICIAL RECORDS
SAN DIEGO IllINTV RECORDER'S OFFICE
CITY CLERK GRElJORV J. SlIITH, COUNTY RECORDER
FEES: 0.00
CITY OF POWAY oc: NA
POBOX 789
POWAY, CA 92074 ,'Tiii,; : Ii ,I'" ", I " ' ,
: I IlilII 11111 11111 11111 1111 111111111111111111111111111111111 1I1II111111
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APN 323-090-92 NO DOCUMENT TRANSFER TAX NO FEE
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rJf GRANT OF EASEMENT
\) (J~ (WATER LINE AND APPURTENANCES)
\cr STOWE PROPERTIES. LLC. a California limited liability con1Pany. (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 below 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 easementis situated in the City of Poway, County of San Diego,
State of California, and is more particularly described as follows, to wit:
PARCEL 1 OF PARCEL MAP NO 18410, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED
WITH THE RECORDER'S OFFICE OF SAN DIEGO COUNTY ON JANUARY 20,2000
Said easement of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A"MADE A PART HEREOF)
GRANTOR, its heirs, 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 City Engineer 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,
Dt]8f) -itO ~4~Or.31
brush, or other vegetation ~ora from time to time as G~!N~~etermines 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 the prior written consent of GRANTEE.
GRANTEE, may at any1ime 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 ofthe 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 WI~S WHEREOF, the GRANTOR has executed this easement this ~ day
of 1"LA.C\.Y'j , 2004
STOWE PROPERTIES, LLC,
a California limited liability company
(Signatures must be notarized)
. 9453 .
CAB..BfOIRNBA AllI...PUIRPOSE ACKNOWlEDGMENT
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"-~" DIANi"M. EUASm., the same in his/lter/tRei< authorized .,
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" :i: . NOTARY PUBLIC. CALIfORNIA ~ capacify(ie&), and that by his/her/their .,
, -' '. SAN DIEGO COUNTY ' ~ signature(s) on the instrument the person(s), or '1
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@ 1999 National Notary Association' 9350 De Solo Ave., P,Q. Box 2402 . ChalSworth, CA 91313.2402' www.nationalnotary.org Prod,No.5907 Reorder: Call Toll.Free '-800.876.6827
. 9454 .
RBf CONSULTING
9755 Clairemont Mesa Blvd., Ste. 100
San Diego, California 92124
January 14, 2004
JN 25-101085.001
Page 1 of 1
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
IN PARCEL 1, P.M. NO. 18410
That certain parcel of land situated in the City of Poway, County of San Diego,
State of California, being a portion of Parcell of P.M. No. 18410, filed in the
office of the County Recorder of San Diego County, January 20, 2000, described as
follows:
COMMENCING at the Southeast corner of said Parcell; thence along the Easterly
line of said Parcell, North 01040'43" East, 15.00 feet to the Northerly line of
that certain water easement dedi cated to the City of Poway per sa i d P. M. No.
18410; thence along said Northerl y easement 1 i ne the fo 11 owi ng courses: North
88019'17" West, 73.06 feet; thence North 01040'43" East, 35.50 feet to the TRUE
POINT OF BEGINNING; thence North 88019'17" West, 20.00 feet; thence leaYing said
Northerly easement line, North 01040'43" East, 25.01 feet; thence South 88019'17"
East, 27.50 feet; thence South 01040'43" West, 10.00 feet; thence North 88019'17"
West, 7.50 feet; thence South 01040'43" West, 15.01 feet to the TRUE POINT OF
BEGINNING.
CONTAINING: 0.013 Acres, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
~,~t. l.5. 7355
. SCALIC: 1" -50 ' 9455 i\TA TABLE
NO BEARING LENGTH
LEGEND T1 N880 1 9 ' 1 7 "w 73 06'
T2 N01040'43"E 35 50'
~) INDICATES WATER T3 N88' 1 9 ' 1 7" W 20 00'
I /;; //~ EASEMENT T4 N01'40'43"E 25 01'
I :L./.L:.4 (0 013 ACRES) T5 S880 19' 17"E 27 50'
T6 SOlO40'43"W 10 00'
I I T7 N88' 1 9 ' 1 7 "W 7 50'
T 8 SO 1 ' 40 ' 43" W 15 0 1 '
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I EXISTING WATER EASEMENT ~/r-u '0r - \-p~ 0 ~C~ - - - - J w
I DEDICATED TO THE CITY OF >
POWAY PER P M. NO 18410 I SE CORNER ~
I PARCEL 1 ~
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SCRIPPS POWAY PARKWAY
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION fOR SHEET I or 1 SH[[T
WAT[R [AS[M[NT ~ "CANN,No . OC5,oN . CON5UUCT,ON
IN PARC[L I, 9755 C~IREM6NT MESA BOULEVARD, SUITE 100
P M. NO 18410 . . . SAN DIEGO, CAUFORNIA 92124 1324
CITY Or POWA Y CONSULTING 858,614.5000 . FAX 8586145001 . www.ABFcom'
JANUAH:' 14, 2004 J N, 25-101085.001
H. \ po., TA \2510 1085 \CADD\MAPP1NG\EXH\085[XOO I. DWG
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9456
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated FAhnl<'lr:y
11 ?004 from STOWF PROPERTIFS II C <'l C<'lliforni<'l IimitAd li<'lhility mrnpany to the City of
Poway, a political corporation and/or governmental agency is hereby accepted by the undersigned
officer or agent on behalfof 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: fY\ Q ,ch I L, ) 200+ ByC}~O,... ~~e.~
L n Anne Peoples, City Clerk