Grant of Landscape Easement & Temporary Construction 2004-0480600
I I
; _ FiECClIli:lED AHHEREQUEST OF
.' ~CHICAG0 TITLE .COMRlNY . ,
" IU!~g~:B~rm~~!?~~~T.. 1<3.~44 DOC 1)004-04806'00
C1TTOEPOWA y' '-
. t HAY 25~ 2004 2:30 PM
AND WHEN RECORDED MAIL TO: l OFFICIAL RECORDS
.. ",w
SAN DIEGO COUNTY RECORDER'S OFFICE
NAME CITY OF POWAY GREGORY J. SMITH, COllNTY RECORDER
STREET FEES: 0.00
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i:i~ ZIP 92064 I Thls:spacefor'Recorder's use
'~10 ,"fit!"" Order)...i>, ,~2313971 SOUTHLAND NO DOCW,ENtARY TRANSFER TAX NO FEE
(1;1" Tax Parcel No. 278-300-71. Q ^. 4+--
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~~ V
GRANT OF LANDSCAPE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
WERNER K. HOFSAESS AND EDITH LHOFSAESS, TRUSTEE(S) OR SUCCESSOR TRUSTEE(S), OFTHE
HOFSAESSFAMiL Y TRUSt DATED MAY 22.2000
(hereinafter "GRANTOR") hereby grants to CITY OFPOWAY (hereinafter "GRANTEE"), its successors; or assigns; the following
described ,exclusive easement(s), 'in ,gross, for-'3 right-of-\vky i!1.r1;Ipon" over, lll1der~an9~flcrm;s the lands. described below,,;to:install,
construct,reconstruct, replace, repair, and"maintain landscaping'; in conjuction with a w'ater ' storage reservoir and pipeline orpipelines,
being constructed in:the adjacent lands, together withany'oiher facili~ies, fixtures,and appurtenance~ deemed necessary, also together
wit,h, the ~ght of ingrt;ss\and egress from"the ea_semenf(s) l?y: aipractical route or routes jn".upon, over, or across the land. described
below, with a right. to use said easement(s) foraceoss to GRANTEE's rights of way situated in adjacent lands, without any additional
compeilsation,:thefidore, and a 'temporary coilstriIction easement over said landscape, e3:~;:c'ri1ent, as decribed herein, said temporary
construction easement shall inc1ude,but.;noLbe limited to, the,rignt-and privilcge,,:of workmen, contractors, and any and all agents
employed' by the:Grantce herein, to U"se and'.occupy said,temporary easement for the purposes of constructing a water-. storage reservoir,
pipeline; ()r'piptil~nes, drainage channel, drai~ageiditches",and access and maintef.1_anc~ ~oad~, 'and any and all appurtenances adjacent
thereto. ,Said temporary construction easement shaiL include the right and' privilege' t6 place and operate any and all machinery within
said easement.' area which the Grantee herein, or any agent or contractor employed by said Grantee, deems necessary for the
construction.of the aforementioned facilities.
Ini.s her~bY;~!l2~r~~9gd _and ~gre~d upon by th~ Grantor,:and..Grantee herein}'._,th~t..the~r~g~tand privilege set forth for',the;use;of~the
~~rein-ge_s<;rtb~d,tempora~yea~~ment'shallbe in full '[orce!an~lieffectfrom OCTOBER 1,2004, and shall continue in full force during
tDe/~Qnsttu~~ioirof.s~N,f~cili~ies; ah,d that upon~completion, final inspect~on;.~cceptance'ofsaid facilities by said Grantee herein, and
the~: flIipg of the notiCe of completion. the peririit for the. tewporary easement hereby granted and described above, shall cease and
terminate on JUNE 31, 2005,
It is: further understood and agreed that the Grantor of this easement shall: not be held liable for any damage to equipment or injury to
personnel of sai;:I'Grantee, its agents or employees'in performance or work.done under this permit.
Il is further understood and agreed thatthe Grantor shall have access' at alltimes'lO the area within the temporary. easement.
This Landscape,,:at14 Temporary Gon?tructi9.1).' Easement, a~d -tQ.e..,pro~isions ,contaiJ:ied herein shall be binding upon'the heirs,
successors, administrators,:personal..representatives, and,assigns.of the'parties hereto.
This Instrument filed lor record by Chicago Tme
Compa~ny as an accommodaijon only. It has not
been examined as to its execution or as to its
effect upon the @e,
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~- . .9345 '
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The land'encomj:mssing said Landscape and Temporary Construction eaSerncIH(s) is,'situatedin the County of San Diego, State of
California, and"ismore particularly described as follows, to wit:
THAT PORTION OF PARCEL 2 OF PARCEL MAP 4211 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN J?IEGO COUNTY, NOVEMBER 7, 1975, BEING A PORTION OF THE WEST HALF OF THE
SOUTH 'HALF OF THE NORTHEAST 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, DESCRIBED AS PARCEL A IN DEED TO
THE HOFSAESS FAMILY TRUST DATED MAY 22, 2000 RECORDED JUNE 26,2000 AS FILE NO 2000-0335408
OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY
.Said'casement(s) for Landscape and Temporary Construction in the aforesaid lands is more particularly described as follows:
.SEEEXHIBIT "A'" AND EXHIBIT "B" (PLAT) ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR. its heirs. successors, or assigns, shal\ not erect or construct or permit to be erected or constructed, any building, structure
or improvement of any kind on, over or under any portion of the casernent(s), nor,shall GRANTOR, its heirs, successors, or assigns;
plant any-tree or trees or plant any other vegetation or flora, nor dig or driJJ 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 encroachment after five (5) days written notice to GRANTOR, and
GRANTOR or its heirs, successors, and assigns awees to pay all fees and costs, including staff and engineering costs and attorney's
fees, incurred by GRANTEE in removing the encroachment. All fees and costs incurred by GRANTEE, including staff and
engineering costs and attorney's fees, shall earn interest at the rates set by Californialaw for interest on judgments.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any portion of the
eascment(s). GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush. or other vegetation or flora from time to
time as GRANTEE determines in its sole discretion without any additional compensation.
QRANT"PE shall 'be entitled to partition, assign, joint venture, or share all or any portion of said easement(s) with any other person
or entity, including, but not limited to, any person or entity supplying services or facilities to the public as GRANTEE may determine
in its sole discretion without 'Paying any additional compensation to GRANTOR or GRANTOR's. heirs" successors, or'assigl1~,
therefor
GRANTOR, its heirs, ,successors, or assign~, agrees that no other easement or easements shall he granted on. under or over said
easement(s) without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement(s). change the location of pipelines or other facilities wlthin the
boundaries of the casement(s) right-of-way, or modify the size of existing pipclines or other improvements as it may dctermine in its
sole discretion from time to time without paying any additionaJ compen.sation to GRANTOR or GRANTOR s heirs, successors, or
assigns, provided GRANTEE does no! expand its use of the easement(s) beyond the easement(s) boundaries described herein,
It is also understood and agreed hy 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 ground elevations within the above-described easemenl(s) which exists
at the time this document.is"exccuted, without obtaining, the prior written consent of the GRANTEE.
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I not litigation ,is commenc'"
administrative proceeding., at. I 19 or in equity including an action ratory relief, is brought to enforce or interpret
the provisions oryeifonnance,of said'eascmcnt(s), the pre alrhe "ntitled to an award or all attorney s fees and the costs
of the p,oceeding;.which'shall be determi court of the presiding officer a to make this determination.
GRANTOR expressly yvarrailts and represents that GRANTOR has the power to grant said easement(s) in accordance with its
terms.
GRANTOR has executed said Easement(s) this l,'t.
DRAWN BY RG
CHECKED BY SMH J J/ jI., ~. KrhA(/JfJ
ACCT NO, SD-P75-170-01
bATE FEBRUARY 2. 2004 EDITH L HOFSAESS
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19347
DATE O,{" - ~4~ O~
, (Grantor)
STATE OFCALIFORNIA )
)
County of San Diego )
On O~ - ~:<(, o~1 before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Ed;+J.. i./lo~S(1l'5s
personally known to me or proved to me on the basis of satisfactory eviilence to be the personWwhose name~
" i5/* subscribed to the within instrument and acknowledged tv me that ~/she/tnxy executed the same in
Ns/her/t1l.,eir authorized capacity~), and that by lih;/her thN.,signature(\) on the instrument the person(\), or the
entity upon behalf of which the person(\) acted, executed the instrument.
WITNESS my hand and official seal.
Signature . .I @ ,"OW W. SlOU Ji 1
- ._ Comm. # 1420430
Ul '" . I ',:ol!;V'UllIC.CAUfOiNIA lJl
, SOil DJtgD County -
My Comm. Expires May27,2007 ..
DATE D.5.--~i' ()4
(Grantor)
STATE OF CALIFORNIA )
)
County of San Diego )
On ~...j..1.{ - ty1 before me, the undersigned, ~ Notary
Public in and uJe-rAJU" HOG"s ile.,',S
for .said County and State, personally appeared K.
personally known to me or proved to me on the basis of satisfactory evidence to be the person(\) whose name~
is/~ subscribed to the within instrument and acknowledged to me that he/s"e/t~ executed the same in
his/~/tRR.ir authorized capacity(i~s), and that by his/hV th'alr signature!\) on the instrument the person(\), or the
entity upon behalf of which the person(\[ acted, executed the instrument.
WITNESS my hand and official seal. x~ ,..... ',"U JO 1
S;g"~" (1;~~.
~. Comm. # 1420430 lJl
NOTAiI' P<JBUC .CALWOiNIA
Son D~go Cou,ty -
My Comm, Ex~rel Moy2/.2007 ..
. . 19348
EXHIBIT "A"
EASEMENT'PARCEL A
An permanent easement in, under, over, upon and across the property hereafter described for
the purpose of installing, maintaining, replacing and repairing Landscaping and appurtenant
structures, together with the right of ingress and egress for the purpose of maintaining, repairing
and operating the same, together with a temporary easement for general construction purposes.
The property comprising Easement Parcel A is more particularly described as:
All that portion of Parcel 2 of Parcel Map 4211 filed in the Office of the County Recorder of San
Oieg9 Cciurity,November 7, 1975, being a portion of the West,Half of the South Half of the
Northeast 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 United States
Government Survey thereof approved November 11, 1880, more particularly described as follows:
BEGINNING at the Southwest'corr}er of that certain parcel of land described as Parcel A in
Deed to Werner K. Hofsaess and Edith L Hofsaess, trustee(s), or successor trustee(s) of the
Hofsaess Family Trust Dated May 22, 2000, Recorded June 26, 2000 as File No. 2000-0335408 of
Official Records of said San Diego County, said point of beginning being distant South B9042'57"
East, 20 43 (20 00 feet per said aeed)Jeet alolJg the Southerly line of said Parcel 2 of said Parcel
Map 4211, from the Southwest corner thereof, said Southwest corner of said Parcel 2 being also
the Northwest corner of the Southeast Quarter of the Southeast Quarter of said Section 32; thence
along said Southerly line of Parcel 2 and Northerly line of said Southeast Quarter of the Southeast
Quarter of said Section 32,
1) South B9042'57" East, a distance of 1 B1 67 feet to the beginning of a non-tangent 4700 foot
radius curve concave Southwesterly, a radial line to said beginning point of curve bears North
77042'35" East; thence leaving the Southerly line of said Parcel 2 of Parcel Map 4211,
2) Northwesterly Along the arc of said curve, through a central angle of 41 057'33", a distance of
34.42 feet; thence non-tangent,
3) North Bo013'05" West, a distance of 34 B4 feet to the beginning of a non-tangent 300.00 foot
radius curve concave Southerly, a radial line to said beginning point of curve bears North 02033'19"
West; thence
4) Westerly Along the,arc of said curve, through a central angle of 08009'50", a distance of 42.75
feet; thence non-tangent,
5) South 73040'27" West, a distance of 33.72 feet; thence
6) South 71023'55" West, a distance of 26.24 feet; thence
7) South 76016' 1 B" West, a distance of 28,60 feet to a point in the Westerly line of said
Hofsaess parcel; thence along said westerly line
8) South 21043'23" West, a distance of 3,B6 feet to the POINT OF BEGINNING.
Containing 4,074,26 square feet (0.094 acres), more or less.
Page 1 of 2
. . 19349
The Basis:Of l3earings"for this legal description is the Southerly line of Parcel 2 of Parcel Map 4211
filed in the Office of the County Recorder of San Diego County NoVember 7, 1975 , I E. 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.
SIGNATURE. ~fl1. //....'-"'1
STEVEN M. HOWELL, LS 5758
LICENSE EXPIRES 6/30/04
DATE. February 10, 2004
H :\P7 5\ \70 Skyridge\ W~rd\EsmlDe~uiptiom\H"fsae.,\.\-Exhihi\ A..NDE.dlX:
2/10/2004
page 2 of 2
. . 19350
EXHIBIT B SHEET 1 OF 2
r
@TXISTING ;E!,-SEMENT: { t"-.. / 8- f / POR peL ?
'(PCL 1) TO ,POWAY
MUNICIPAL WATER ,o"'-bs)' "-.. /! / PM Lj? J J
DISTRICT ,PER DOC,
NO, 7289.4 REC, 0 o~ !<.if
0
05~23-1967 OR, r--- "':ts~~:Zt~-1G) t ~1 / R.O.S. 8942
L[)
@ EXISTING ROAD n 0& ,0<,,/0,0 (' <: "-..
EASEMENT TO ~ ~ s, /
JOSELF KORDAHL /'1.91.0;11:;;;:)'0 APN 278-300-71 _ -
PER DOC. NO. :;: "-.. S /6:<'" "-.. / ~
64870 REC. "-.. f"( '.?// 1 ~ HOFSAESS F AMIL Y TRUST
03-30-1960 OR , <'6'/ ~ DOC. NO. 2000-0335408
. @'EXISTING ROAD ,0 "y "-.. I _________ -( '- REC. 6-26-2000
'& UTILITY ESMT. TO 2
FRANK AND . / ;--------- EXISTING I~VOCABLE OFFER
BARBARA FERGUSON 8
PER DOC. TO DEDICATE REAL PROPERTY
NO. 77~479395 (f) ~ --------- 1"-.. FOR ROADWAY PURPOSES GRANTED
REC. 11-18~1977 O,R, _________ "-.. TO THE COUNTY OF SA~ DIEGO
@ EXISTING PUBLIC PER DOC. NO. 75-3072 4
UTILITY ESMT. TO --------- 1 "-..REC. 11-3-1975, O.R. "-..
S,D G,& E, PER "-.. ~ 'AO''2-1'''I!
DOC. NO, 78-050394 N
REC, 02-07-1978 O,R I "-.. sl:' :,:,.1'2-
" l-
I "~.~ 0:~~
SW COR \''2-':) ,:>':> to; ~ EASEMENT ~ OJ
PARCEL 2 .~ "ll~~~~I~
~ PM 4211
--.......
--.......--.... 20.43' :::-\ ~ ~81~ ~
I S89'42'57"E 408,75' (BASIS OF BEARIN~S)
----- ,....:2?( -&/OC / P O.B. I ---------
- --.......L / ~PARCEL A ~ R.O.~ ---------5058
012/;;;-1: / / /~ PO R c: r' 1 / /1 c: r 1 /11 c: r' ( 3?
... . or... -r j or. l' j 0.c,--" ~
Y.!I -----TJ33 R.J IN, 3 8 IVI.
-....J... I '
----- L-l / --.......!-.--.......
(j r----- --....... -l --.......
~ //j---"""'J --.......--.......
SCALE: 1'-20' / / --.......
/ I
12223 PARCEL A - LANDSCAPEMAINENANCE EASEMENT
AREA= 0.094 ACRES (4,074.26sq. It)
SKYRIDGE TANK EASEMENTS
HOFSAESS PROPERTY
PORTION OF PARCEL 2 OF PARCEL MAP 4211
r>","_;'-'-"'.
. . . 19351
EXHIBIT B SHEET 2 OF 2
R.O.S. 8942 APN 278-300-71
POR pi!? HOFSAESS FAMILY TRUST
~~ ~ DOC. NO. 2000-0335408
- - ---:- \-; --I J J- - REC. 6-26-2000
_---- PM 4?" -_
EXISTING IRREVOCABLE OFFER ~ -- ---- ____
~TO DEDICATE REAL PROPERTY -
FOR ROADWAY PURPOSES GRANTED
TO THE COUNTY OF SAN DIEGO
-- PER DOC. NO. 75-307284 '\9"'"
REC. 11-3-1975, O.R. \'\9!-)~~-
" . '50" ~- CI'Z)
0",809 , r
L",42,75 . * ',po 06-30-0'
R-300,OO . NBO') '. 0', No, 5758 _~
0-."'~~ 305" '1}; \j?:"
'~_~."'~ .~.~ W"S4' W (OFC/'.\..\~
~~EASEMENT~"-..'W-.~
" ~PARCELA':-\...--":::' "S"\.~'%~
, ~ ..~~.~,()~D=41'57,,3. 3"~
~ ~~'i'<'b'b -C\'-~~~--":::'L"'34 42.~
I- ' R=47 OO:\: :\:
i:;:J , . 6 . ~~~'~I):'2"W
175 '43.45',' 0:~~56 23~~)~
i:;:J S 89'42'57" E \408,75' (BASIS OF BEI'iRINGS!-- '" -J'--
Wi'"
-- POR C;F ,] /LI C;F ,] JLI C;F< ~3-? "Soy'"
. '--"~ i'j '--'~ i'i '--'~'- '--' '''j'J/
T I 3 S, , RI W, S 8 M, :"\1' ~o:) I
\ "" '" \..'<-
R,O,S, \ 5058 I
@ EXIST EASEMENT (PCl 1) I
TO POWAY 'MUNICIP-,\L WATER \
DISTRICT PER DOC. NO 72894 \ I
REC: 05-23-1967 O.R.
eD EXIST. DRAINAGE EASEMENT TO \ I
POWAY MUNICIPAL WATER
DISTRICT PER DOC. 75-211281 \ I ~
REC, 08-11-1975 0 R, ~
\ SCALE: 1'-20'
~ PARCEL A - LANDSCAPE MAINENANCE EASEMENT
AREA= 0.094 ACRES (4,074.26sq. ft.)
SKYRIDGE TANK EASEMENTS
HOFSAESS PROPERTY
PORTION OF PARCEL 2 OF PARCEL MAP 4211