Grant of Water Storage Reservoir, Pipeline & Access Easement 2004-0541491
~ REc:9.RDEDAT THE REQUEST OF
,c;,HICAGO TITLE COMAI\NY . DOC!
~C8i'-B,~..pEP1:,p 677' 2004-0541491
.... _.. _. . 'II,
~ GITYQF'PO\\iAY, A MUNICIPAL
, CORPORATION JUN 10,
iP 2004 8:00 AM
OFFICIAL RECORDS
:Nr AND WHEN RECORDED MAIL TO: "
SAN DIEGO COUNTY RECORDER'S OFFICE
~I GREGORY J. SMITH, COUNTY RECORDER
NAME CITY OFPOWAY, A MUNICIPAL FEES: 0,00
CORPORATION DC: NA
STREET
ADDRESS 13325 CIVIC CENTER DRIVE
CITY POWAY / I 111111 11111 iilll lilll 1111 lilill lillliiili 11111 lilllll 1111111111111111 \
STATE CALlFOR.,'<IA
ZIP 92064 ,/S'oSo't7"6- S ; "~'; !'''',Ih 'Ii 2004-oS4149111' III, ,,' "
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Title Order No. 32: 1"1 <!gI EOVTII1. ^ 1\.rn NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No, 278,240-01
GRANT OF WATER STORAGE RESERVOIR, PIPELINE,
AND ACCESS EASEMENT
GEORGE W, KOLAROV AND JANET D, KOLAROV. CO-TRUSTEESU.T.D, OCTOBER 18.1994
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY, A MUNICIPAL CORPORATION, (hereinafter "GRANTEE"), its
successors, or assigns, the following described exclusive easement(sf, in gross, for a right-of-way in, upon, over, under and across the
lands described below, and to erect, construct. recorishuct, replace, repair, maintain, and use a reservoir and pipeline.or pipelines for
any and all purposes, for Supervisory Control and Data Acquisition (SCADA) at such locations and elevations, upon, along, over and
under the right-of-way desqibed below a.s GRANTEE may now or hereafter determine in its sole discretion without any additional
compensation therefor, together with the right ofingress and egress from the easement(s) by a practical route or routes in, upon, over,
or across the land described below, together with the right to use said easement(s) for access to GRANTEE's rights of way situated in
adjacent lands, without any additional compensation therefor
The land encompassing said easement(s) is situated in the County of San Diego, State of California, and is more particularly
described as follows, to wit:
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF BEING A PORTION OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO GEORGE AND JANET KOLAROV RECORDED
OCTOBER 31 1994 AS FILE NO 1994-0634200 OF OFFICL".L RECORDS OF SAID SAN DIEGO COUNTY
Said cascment(s) of right-of-way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "A" AND EXHIBIT'''B'' (PLAT) ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, successors, or assigns, shall not erect or construct or permit to be erected or constructed, any huilding, structure
or improvement of any kind, on, oy~r or under any portion of the easement(s), nor shall GRANTOR, its heirs, successors, or assigns,
plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of the easement(s).
In the event GRANTOR or its heirs, successors, and assigns places, or permits to be placed, any encroachment on any portion of
the easement, GRANTEE shall have the right to remove the eocroachment after five (5) days written notice to GRANTOR, aod
\\Pl)W3ypm\pow~y\]747\MS Word Filcs\Skyridge Eas.:menl!;\Kolarov\DRAFf Kolarov.Exhibit A.Det,d,duc
DLH)6'Y
, ' . . 6,,8
GRANTOR or- its heir~l successors, and 19ns agrees to pay all fees and costs, including aff an engineering costs and attorney's
feos, incurred by GRANTEE in removing the encroachment. All fees alld costs incurred by GRANTEE, including staff and
e~gineering costs' and attorney's fees, shall earn interest at the rates set by California law for interest on judgments.
GRANTEE may, inits'sole discretion,:crect, maintain, or use gates in all. fences which now cross or later cross any portion of the
easement(s), GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora frorti time to
time as GRANTEE.dctennines in its sole discretion without any additional compensation.
GRANTEE shaH be entitled to partition, assign, joint venture, or share all or any portion of said easement(s) for the maintenance;
repair, construction or operation of reservoir and pipeline or pipelines and SCADA system as GRANTEE may determine in its sole
discretion without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, therefor
GRANTOR, its heirs, successors, or assigns, agrees that no other easement or easements shall be granted on, under, or over said
easement(s) without ohtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement(s), (,;hange the location of pipelines or other facilities within the
boundaries of the casement(s) 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(s) beyond the easement(s) bouudaries described herein,
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 pennit to he increased or decreased the ground elevations within the above-described casement(s) which exists
at the time this document is executed, without obtaining,the prior written consent of the GRANTEE.
GRANTOR expre"ly wamints and represents that 'GRANTOR has the poWer to grant said easement(s) in accordance with its
terms.
GRANTOR has executed said Easementis) this ~ day 0
DRAWN BY RG
CHECKED BY SMH
ACCT NO SD,P7S,170,OJ
DATE MARCH 10, 2004
\\Powaypm\[K1way\1747\J\IS Word Filco\Skyridge F.a.<,cmcnls\KlJlarov\DRAfT Kol<tflJv.Exhihil ^ Deed,doc
. . 679
DA:rE~ "" 7CX* (Grantor)
STAT CALIFORNIA )
)
County of San Diego )
before me, the undersigned, a Notary
QI(OV
personally known to me or proved to me on the basis of satisfactory evidence to be the perso sJ hose nam<@
i~bscribed to the within instrument and acknowledged to me that he/she/@xecuted the same in
his her/@thorized capacity@, and that by his/her @>signature(0 on the instrument the perso@ or the
entity upon behalf of which the perso~cted, executed the instrument,
WITN~~d""Md~ .
Signature QQ]J l ,J ANf)
~------:=~-I
j. NoIaly """!Dc'. CGIIIomIQ i
San DIego Couritv -
i _ _ _ ~~~~.;~2~~7t
DATE
(Grantor)
STATE OF CALIFORNIA )
)
County of San Diego )
On before me, the undersigned, a Notary
Public in and
for said County and State, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies). and that by his/her their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
. .
EXHIBIT "A" 680
EASEMENT PARCEL A
An easement in, under, over, upon and across the property hereafter described for the purpose
of installing, constructing, maintaining, replacing, enlarging, repairing and operating a water storage
reservoir and pipeline or pipelines with appurtenant structures and facilities for the distribution,
transportation and delivery of water to and from said reservoir and pipelines, together with the right
of ingress and egress for the purpose of maintaining, repairing and operating the same Grantee
shall also have the right under this easement to enlarge any structure or to lay additional pipelines
as may be required by it or reasonably necessary in the performance of its functions,
.
The property comprising Easement Parcel is more particularly described as:
All that portion of the Southeast Quarter of the Southeast Quarter of Section 32, Township 13
South, Range 1 West, San Bernardino Meridian, in the County of San Diego,State of California,
according to the official plat thereof being a portion of that certain parcel of land described as Parcel
1 in Deed to George and Janet Kolarov Recorded October 31 ,1994 as File No 1994-0634200 of
Official Records of said San Diego County, described as follows:
Commencing at the Northwest corner of the Southeast Quarter of the Southeast Quarter of said
Section 32; thence South 89042'57" East along the Northerly line of said Southeast Quarter of the
Southeast Quarter of said Section 32, a distance of 145 79 feet to a point on the Northeasterly line
of an existing Poway Municipal Water District Easement described as Parcel 1 in Easement Deed
Recorded May 23,1967 as File No, 72894 of Official Records of said San Diego County, and the
TRUE POINT OF BEGINNING; thence leaving said Northerly line of said Southeast Quarter of the
Southeast Quarter of said Section 32, along said Northeasterly line of said existing Poway Municipal
Water District Easement,
1) South 25037'59" East, a distance of 66 01 feet; thence along the Southeasterly line of said
existing Poway Municipal Water District Easement,
2) South 64022'01" West, a distance of 48,04 feet; thence along the Southerly line of said
existing Poway Municipal Water District Easement,
3) North 85037'55" West, a distance of 60 00 feet to an angle point in said easement boundary;
thence leaving said boundary line of said existing Poway Municipal Water District Easement,
4) South 78002'21" East, a distance of 40 50 feet; thence
5) North 89037'29" East, a distance of 90 85 feet to a point on the Easterly line of said parcel of
land described as Parcel 1 in Deed to George and Janet Kolarov Recorded October 31 ,1994 as File
No 1994-0634200 of Official Records of said San Diego County; thence along the Easterly line of
said Kolarov Parcel 1,
6) North 02005'01" East, a distance of 83.28 feet to the Northeasterly corner of said Kolarov
Parcel 1, being a point on said Northerly line of said Southeast Quarter of the Southeast Quarter of
said Section 32; thence along the Northerly line of said Southeast Quarter of the Southeast Quarter
of said Section 32,
Page 1 of 2
. .
681
7) North 89042'57" West, a distance of 58 91 feet to the TRUE POINT OF BEGINNING.
Containing 4,054,29 square feet (0,093 acres), more or less,
The Basis Of Bearings for this legal description is the Northerly line of the Southeast Quarter of the
Southeast Quarter of Section 32, Township 13 South, Range 1 West, San Bernardino Meridian, per
Record Of Survey No, 5058, Le South 89042'57" East.
This real property description has been prepared by me, or under my direction, in conformance with
the professional land surveyors act.
SIGNA TURE. ~ it4, ( (;:;;...-W(
STEVEN M. HOWELL, LS 5758
LICENSE EXPIRES 6/30/04
DATE, February 10, 2004
11.\1'75\171) Skyridgc\WonJ\F,mlnC'(liplillns\K\'I~rnv-Exhil>il AJoc
2/10/211114
page.2 of 2
EXHIBIT B 682 SHEET 1 OF 2
NW COR Ir)9/'~ ~ ~
SE 1/4 R,O,S, o -/ p).\RePl~ ?
SE 1/4 P Q,C, I ~ PM Lj? J J~ ~
SEC 32
.... PCL A
~ Is 89'42'57" E - 204 78' (205,00' PER DE ) -.}-- /
14579' ,/ -.}--
I ,/
,/
_ -.J ,/
,/
,/
5
.......
S68' (DEED (DEED
0 .......y~'f' PCl 3) PCl 1)
l[) ........... J ...........6~9
OJ
,--...
,--...
g / EXISTING UTILITY
U) " EASEMENT TO S,D G.& E, EASEMENT
L{)
n PER DOC NO 78-061746 PARCEL A
0 I REC, 02-15-1978 O,R, (SEE SHT 2)
cr 3: S85"37'55"E
, POR SPJ /Lj, C- r' J / /1
0 or... r
L{) SFenO;\) ":; ?
p W
N 0-'--'1 W
0 T J ~) c- R ) Wj GEORGE W KOLAROV AND (j)
U1 0 OJ JANET D KOLOROV,
S,s's'&M, co- TRUSTEES, U T,D
DOC, NO, 1994-0634200
t REC, 10-31-1994
([) EXISTING ACCESS ROAD CD EXISTING S,D G,&E, UTILITY
EASEMENT PER DOC, REC,
! 03-24-1959 IN BK 7564, EASEMENT PER DOC, REC
08-26-1975 AS INST
PG 481 O,R, NO 75-228753 0 R,
SCALE: 1'g20' @ EXISTING EASEMENT (PCl 1) @ EXISTING WATER EASEMENT
TO POWAY MUNICIPAL WATER PER DOC REC, 10-05-1990
DISTRICT PER DOC, NO 72894 AS INST NO 90-548749 0 R
REC 05-23-1967 0 R. ~ PARCEL A - TANK EASEMENT
AREA= 0,093 ACRES (4,054,29sq, ft,)
SKYRIDGE TANK EASEMENTS
KOLAROV PROPERTY
POR SE 1/4 OF SE 1/4, SEC. 32- T13S; R1 W
EXHIBIT B 683 SHEET 2 OF 2
-- F\.~ c- (')9/1 ? ~ ..-/\
' ,0, o -i~
~ / \
~ /'
/ S 89'~
--Y'- .. E
--Y'- 145,79'
R,O,S, r-'Or-'r->
:J ::::;0
EXISTING EASEMENT (PCl 1)
DISTRICT PER DOC NO
REC, 05-23-1967 O,R
~ APN 278-240-01
f- GEORGE W KOl~ AND
w
w JANET D KO OV'If')
:r: S/6'b CO- TRUSTEES, ,D
ff) <':?1" DOC, NO, 1994-0634200
w I:: [; REC, 10-31-1994
w
'ff) :?-;"
N85"37'55"w
~1 26' "
57802'21"[ lJ'."~i/<y/i " ,//iI/
SS-;. :?:? ,,' ,',,' ,,',' , ' ,,' " , ,,',' " "",,,
"0'8;' .. <0i;~1~!':dJj!lt[{fJ,~~J ~
POR SF j /,,11 SF j / /1'9'<c.f ".,.
, ~ i j - F SS8 8/'~.""
SF: en 0 N :3 ? j "0<;. '75"c /2000;
T j":) C- R j IN S87"54'59"E
Uc- ~ j r) j EXISTING ACCESS, ROAD
~ CJ, D, D, eX)\Ij, & PUBLIC U TIUTY EASEMEN T t
PER DOC, NO 80-058016 I
SCALE:1'a20' REC 02-20-1980 O,R
I
~ PARCEL A - TANK EASEMENT 1::::::;:::::::;::::1 TEMPORARY CONSTRUCllON EASEMENT
AREA= 0.093 ACRES (4,054,29sq, ft.) (BY SEPARATE DOCUMENT)
SKYRIDGE TANK EASEMENTS
KOLAROV PROPERTY
POR SE 1/4 OF SE 1/4, SEC. 32- T13S; R1 W
, . .
684
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Water
Storage Reservoir, Pipeline, and Access Easement dated June 4, 2004 from George W
Kolarov and Janet 0 Kolarov, Co-Trustees U T.D October 18, 1994, Grantors, 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: 6/<1/0'/ CITY OF POWAY
/ /
Seal: -Q