Grant of Easement Water Lines & Appurtenances 2004-1231614
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~fr ANDWHEN RECORDED MALTa' DEe 30, 2004 2:32 PM
OFFIClp,L RECOFI[",
';AI'j [IIEClO CIJUNT'I PIECClR[IEF::':> I]FFlCE
,-urCITY CLERK C,REGOR, .1 %IITH COUNTy RECORDEFI
jJr CITY 0FP.OWAY FEES, 0.00 1
OC t-jp
POBOX 789 P~,GE'_:, 7
POWAYCA 92074 28'277
No-transfer tax du 11111111111111111111111111111111111111111111111111111111111111111111111111111111
Tax Parcel No. 317-224-02, 03& 04 NO DOCUi\!.
GRANT OF EASEMENT 206~-12316t4
(WATER LINES & APPORTENANGES)
EA 04-12'
Pomerado Properties, L,P , A California Limited Partnersnip (hereinafter "GRANTOR:'),,~
hereby grants to CITY OF POWAY (hereinafter '''GRANTEE''), _ ;t,,- ,...- - ~
assigns, the following described easement for a right-of':way, in, up
acr:oss the lands. described in Exhibit "A," and depicted. in Exhibit "8,
reconstruct replace, repair, maintain, and use a pipeline or pipelii ,;..~ 'VI any and all
purposes, together with such fiXt.Lires: and appurtenances, including, but not limited to,
facilities for power transmission ahd communication purposes, at such locations and
. . ., .
elevations, upon, along, over arid 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 otingress 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 thiseasel)1ent, 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 PORTION OF LOTS 20 AND 21 OF CITY OF POWAY TRACT NO
85-04 UNiT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACC'ORDING TO MAP THERE0F NO 11742,
FILED IN THE OFFICE OF THE GOUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 9,1987
,GRANTOR, its heir, successors and assigns 'shall not erect or constructor permit to be
\ ereCted or construs;ted any building, structure Of improver:nent'or plant any tree or trees
or'plant any other vegetation orflora within sai~ease1Dent without the express written
approval of the City of Poway as evidenced by' the signature of the Director of
Development Services Of) an' approved plan~ GR:4.NJ;OR, its heirs, successors and
assigns shall not dig or drill any hole' or wells on anyportibn 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,
Oi ,;)L\-S
Grant of Easement . . 28278
EA 04-12,
, Page '2
GRANTOR agrees tnflt' no other easement or easements shall be granted on, under, or
oveHhis 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 rnay determine in its sole
Cliscretion 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 ofthe easement beyond the easement boundaries described above.
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR'S hei~s, succe~~o~~, or as'$igns, shali 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 consenlof the GRANTEE.
In the event of any dispute ifwolving this Agreement, whether or not litigation is
commenced, or if any arbitration I?roceeding, administrative proceeding or litigation in
law or in l:!quity, 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 13th day
of December ,2904.
Pomerado Properties, L.P
A California Limited Partnership
By: irechbil trl:Jction Corp
1/
,/
Its: President
M:\engserv\eng fOrIns\Easements\grant of easement EA 04-12.doc
. . 28279
CALlFORNIA..ALL.Pl!RP.OSE ACKNOWLEDGMENT
State of CaHfor,nJa
County of San, Diego
On December 13, 2004 before me, Susan E. Eubank, Notary Public
Dale Nani'e 8ndTJlle 01 Officer (e,g. Jane Doe, Notary Public")
personally appeared Paul K. Tchang
Name(S)oISigner(s)
o personally knawn to me - OR - 0 proved.to me on the basis a/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
sameinhis/her/their authorized capacity(ies), and that by
.his/her/theirsignature(s) on the instrument theperson(s),
or the entity upon behait of which the person(s) acted,
executed'the instrument.
) . SUSAN' E~ EUBANKf
o .. COMM. # 1394222
Cl " NOTARY PUBLlC-CALIFORNL\Gl
~ SAN DIEGO COUNTY '0
I COMM. EXP, FER 13, 20&7t
' - _. - - - ._ - - - - .~ ~ - I
OPTIONAL
Though the information below is not required'by:law,..;t-may prove vafuable.topersons relying on the document and could prevent
frauduLe.nt (emoval,and'(eattachment of this,form. to another document.
Description of Attached Document
Title or Type of Document: GRANT OF EASEMENT Water LInes & Appurtenances
A port~on of Lots 20 and 21, Pomerado Properties
Document Date:, Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Paul K, Tchang Signer's Name:
~diVidual LJ Individual
C6rporateOfficer o Corporate Officer
Title(s): Pr.esident Title(s):.
o Partn~r - 0 Limited 0 General o Partner -0 Limited 0 General
d Attorney,-in-Fact o Attorney'in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator RIGHT THUMBPRINT
OF SiGNER
o Other' Top of thumb here o Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
.,,'. ~.~.,- ....
C 1994 National Notary Association- 8236 Remmel Ave.;P.Q. BoX.7184~ Canoga Park, CA 91309~7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
. . 28280
EXHIBIT "A"
WATERLINE EASEMENT
EA-04-12
LEGAL DESCRIPTION
A PORTION OF LOTS 20 AND 21 OF CITY OF POWAY TRACT NO 85-04
UNIT 1, IN THE CiTY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 11742, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9,
1987, BEING A STRIP OF LAND 20 00 FEET IN WIDTH LYING 1000 FEET ON
EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE.
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE
OF SAID LOT 21 WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE CUL~
DE-SAC OF BROOKPRINTER PLACE, SAID POINT BEING ON A CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 5550 FEET TO WHICH A
RADIAL LINE BEARS SOUTH 75020'15" WEST, THENCE SOUTHERLY
ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A
CENTRAL ANGLE OF 32007'40" A DISTANCE OF 31 12 FEET TO THE TRUE
POINT OF BEGINNING, THENCE LEAVING SAID CURVE AND SAID RIGHT-
OF-WAY LINE ALONG SAID CENTERLINE, SOUTH 14000'00" EAST 4845
FEET, THENCE SOUTH 59000'00" EAST 103.22 FEET, THENCE NORTH
76000'00" EAST 82.44 FEET, THENCE SOUTH 14000'00" EAST 21 50 FEET
TO A POINT OF TERMINATION
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PUBLIC
UTILITY EASEMENT DEDICATED TO THE CITY OF POWAY PER SAID MAP
NO 11742.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR
SHORTENED AT ALL ANGLE POINTS AND THE SOUTHWESTERLY LINE OF
SAID PUBLIC UTILITY EASEMENT
R
. . 28281
EXHIBIT B PAGE 1 OF 2
EA-04-12
LEGAL DESCRIPTION APPLICANT
LOTS 19, 20 AND 21 OF CITY OF POWA Y PAUL K. TCHANG
TRACT NO. 85-04 UNIT 1, MAP NO 11742. P.O. BOX 80036
IN THE CITY OF POWA Y, COUNTY OF SAN SAN DIEGO, CA 92138
DIEGO, STATE OF CALIFORNIA. (619) 223-1663
OWNER
POMERADO PROPERTIES, L.P
A CALIFORNIA LIMITED PARTNERSHIP
BY TECHBIL T CONSTRUCTION CORP
POBOX 80036
SAN DIEGO. CA 9 138
(619) 223-1663
/:
PAUL K. TCHANG,
PREPARED BY
SPEAR & ASSOCIATES, INC.
750 N. CITRACADO PKWY, STE. 2
ESCONDIDO. CA 92029
(760) 737-7272
-R~ ~)~ POWAY RD.
d
1 ~
~
RAMON J. SPEAR.. L.S. 6404
i ~
SITE
~ ~"l' PKWY.
~
VICINITY MAP
NO SCALE
T.B.M. 1190. (-6
REVISED BY CITY OF POWAY
DRAIIN BY TEP AlE 8/02/04
CHECKED BY RJS WA TERLlNE EASEMENT PLAT
APPROVED BY
. 1.~~
EXHIBIT B PAGE 2 OF 2
\
EA-04-12 SCALE 1"=80'
EASEMENTS
-N-
0 CITY OF POWAY PUBLIC UTILITY EASEMENT DEDICATED PER MAP NO, 11742 j
@ CITY OF POWAY SEWER AND DRAINAGE EASEMENT DEDICATED PER MAP NO. 11742
@ PACIFIC BELL EASEMENT REC. 9/15/1987 AS INSTRUMENT NO, 87~522311 O.R.
@ SDGM: EASEMENT REC. 9/18/1987 AS INSTRUMENT NO. 87-530545 O.R.
@ CITY OF POWAY RIGHT OF WAY EASEMENT REC. 6/21/1988 AS INSTRUMENT
NO. 88-296318 AND 3/3/1989 AS INSTRUMENT NO. 89-111208 BOTH OF O.R,
eEl WATERLINE EASEMENT DESCRIBED HEREON. -
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LINE DELTA RADIUS ARC
C1 50'33'30" 29.50' 26.03'
C2 4'02'30" 1615,50' 113.96'
LINE BEARING DISTANCE C3 91'57'04" 29.50' 47.34'
L1 S14"OO'OO"E 48.45' C4 87'53'00" 29.50' 45.25'
L2 S14'OO'OO"E 21,50' C5 139'53' 45" 55.50' 135,51'
C6 3'52'34" 1432.50' 96,91'
C7 32'07' 40" 55.50' 31.12'
REVISED BY ATE CITY OF POWAY CAlE 1" 80'
DRAWN BY TEP ATE 8/02/04 IT
CHECKED BY RJS ATE WA TERUNE EASEMENT PLAT
ACING NO.
APPROVED BY ATE
. 28!3
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: Decenber 13, 2004 from Pomerado Properties, L,P , A California
Limited Partnership, Grantor, to the City of Poway, Grantee, a political corporation
and/or gov~rnmental'agency is ,hereby accepted by the unqersigned officer or ,agent on.
behalf of the City Council pursuant to authority Gonferredby Resolution No 34 adopted
on January 20, 1981, and the Grantee consents to recordation thereof by its duly
authorized officer
Dated: Dec. 23, 2004 CITY OF POWAY
By
herrie Worre I, Deputy City Clerk
M:\engserv\eng forms\Easements\certificate of acceptance-city EA 04~12.doc