Grant of Easement Water Lines & Appurtenances 2004-0732533
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~OO4-0732533
...~ " RECGRDING REQUESTED BY: j 111111111111111111111111111 11111l1li1111111111111111111111111111111111
CITY OF POWAY AUG 03, 2004 2:11 PM
AND WHEN RECORDED MAIL TO' I]FFICI.<i.L FiEC.DR[IC,
':,,uJ'J [IIEtlU r:OU~Jrl F:ECDFi['ER'I~ I-IFFICE
GF:E[l(lFi'I,1 ::MITH COUt'H'1 F:ECOFi[IEF:
rip CITY CLERK FEE', U.DO
DC. H.~
'~ CITYOFPOWAY F'ol~ES f,
,. POBOX 789 1 111111 11111 11111 111111111111111 11111 IIII!IIIII 11111 III11UIII III 111111111111111
oc~~ POWAY CA 920742039 6
2004-0732533
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C :No tti:msfer-tax:due (This spal.~ '_', .~,",'V,.......,,,, VvvJ
Tax Parcel 'No. 321-220c08 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
BRUCE D BOWMAN and JENNIFER R. BOWMAN, HUSBAND AND WIFE AS JOINT
TENANTS (hereinafter "GRANTORS"), hereby grants to the 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 forany arid 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 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,routesin,
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:
BEING A PORTION OF PARCELS 1 AND 2 OF PARCEL MAP NO
10313, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN IHEGFFICE OF THE COUNTY RECORDER
OF SAN DIEGO, AUGUST 7,1980, AS'FILENUMBER 80-251415
, GRANTORS, 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 saii:i 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, GRANTQRS, its heirs, successors and
assigns shall not dig or drill any holeor'wells ori any portion of the easement.
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o ~ 10, 70(;vi'R.. D3,.rjJ
,
. .0397
, GRANTEE may use all gates and fences, which, now or later, cross any portion of the
i 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.
GRANTORS agree 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 GRANTORS
or GRANTORS' 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 GRANTORS and the
GRANTORS' 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.
GRANTORS expressly warrant and represent that GRANTORS have the power to grant
this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement this :<. 3
day of <Tu L y' , 2004
l
nnifer RIBowman
,
.
. .
20398
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California \ }
County of ~",; lJ/66 D ss.
On
" personally appeared
Namo(s}otS'gner(s)
o personally known to me
)s;r' proved to me on the basis of satisfactory
/eYn:Jence
I
I ~ - -:- - - - - Pt~lL;; ;lN~ - - f to be the person(s) whose name(s) J1Qare
a. ,':..... Commission #'1450304 subscribed to the within instrument and
I, ~ 1"'.0 . Notary Public,' CalWomla i acknowledged to me that WsXe/the, y executed
) "" ~, San Diego Counsy 1 the same in ~/!J'!<!their authorized
I MyComm.ExpIlesNov9.2007 capacity(ies), and that by ~l1'stItheir
_ __ __ _ _ _ __ __ __ _ _ -- slgnature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument. I
1
1
1
I'
OPTIONAL
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
Description of Attached Document
:' Title or Type of Document: (j t2A!J-J O.c E);.:5i:: /J1 E'~ 1
Document Date: Ju L. V 2 3. 2 () 0 cj Number of Pages: ~
, I
Signer(s) Other Than Named Above: ;.4; A/ C
I, Capacity(ies) Claimed by Signer
I Signer's Name: I
I'
I. 0 Individual Top of thumb rere
I, 0 Corporate Officer - Title(s):
I' D Partner. - D Limited D General
I' D Attorney'in,Fact
I 0 Trustee
D Guardian or Conservator
I, 0 Other'
Signer Is Representing:
Q 1999 National Notary Assoceation . 9350 De 5010 Ave., P.O. Bo~ 2402' Chatswortll, CA 91313-2402. www.nationalootary.orgPnxI.No. 5907 Reorder; Call Toll-Free 1-800-876~7
. .
20399
A.P.N. 321-220-08 and 09
EXHmlT "A"
LEGAL DESCRIPTION
A 20 FOOT WIDE WATERLINE EASEMENT OVER, UNDER, ALONG AND
ACROSS A PORTION OF LAND LYING WITHIN PARCELS I AND 2 OF PARCEL
MAP NO 10313, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 7,1980 AS FILE NO 80-251415, DESCRIBED
AS FOLLOWS
A STRIP OF LAND 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE SOUTHWEST
CORNER OF SAID PARCEL 2, THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL 2, SOUTH 88044' 49" EAST, 3371 FEET TO THE POINT OF
BEGINNING, THENCE NORTH 43034' 54" EAST, 121 44 FEET TO THE
BEGINNING OF A NON-TANGENT 14000 FOOT RADIUS CURVE CONCAVE
NORTHWESTERL Y, A RADIAL LINE TO SAID POINT BEARS NORTH 660 14'
56" WEST, THENCE NORTERL Y ALONG SAID CURVE 63 04 FEET THROUGH
A CENTRAL ANGLE OF 250 48' 04" , THENCE NORTH 20 03' 00" WEST, 43 06
FEET TO THE BEGINNING OF A 160 00 FOOT RADIUS CUR VE CONCAVE
NORTHEASTERL Y, THENCE NORTHERLY ALONG SAID CURVE 114 71 FEET
THROUGH A CENTRAL ANGLE OF 410 04' 40", THENCE NORTH 390 01' 40"
EAST, 60 09 FEET, THENCE NORTH 460 II' 40" EAST, 241 88 FEET TO THE
BEGINNING OF A 4000 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY,
THENCE NORTHERL Y ALONG SAID CURVE 5145 FEET THROUGH A
CENTRAL ANGLE OF 73042' 10" , THENCE NORTH 270 30' 30" WEST, 53 02
FEET, THENCE NORTH 110 16' 02" WEST, 59 74 FEET TO THE BEGINNING OF
A 25 00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, THENCE
NORTHWESTERL Y ALONG SAID CURVE 33 85 FEET THROUGH A CENTRAL
ANGLE OF 7r 34' 17" , THENCE NORTH 880 50' 20" WEST 4568 FEET TO THE
BEGINNING OF AN 80 00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERL Y, THENCE WESTERLY ALONG SAID CURVE 25,95 FEET
THROUGH A CENTRAL ANGLE OF 18034' 58" , THENCE NORTH 70015' 22"
WEST, 1678 FEET TO THE BEGINNING OF A 60 00 FOOT RADIUS CURVE
CONCA VB NORTHEASTERLY, THENCE NORTHWESTERLY ALONG SAID
CURVE 3569 FEET THROUGH A CENTRAL ANGLE OF 340 04' 54" TO A POINT
ON THE NORTHERL Y LINE OF SAID PARCEL I, A RADIAL LINE TO SAID
POINT BEARS NORTH 530 49' 32" EAST THE SIDELINES ARE TO BE
LENGTHENED OR SHORTENED AS NEEDED TO TERMINATE ON THE
NORTHERL Y LINE OF SAID PARCEL I AND THE SOUTHERLY LINE OF SAID
PARCEL 2, ;p~p.\.. LAf./a .r.
PREPARED BY MIKE R. SLATER, P L.S. 6706 e."GJ to"'- sq~ {,~
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. 20401
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyeCloythe deed or grant,
dated J_uly 23, 2004, by Bruce D' Bowman and Jennifer R. Bowman, Husband and Wife
as Joint Tenants, Grantors; t9 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 purs~ant 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 July 27, 2004 CITY OF POWAY
B
errie D, Worrell, Deputy City Clerk
Seal: