Grant of Easement Sewer & Access 2004-0707068
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~' First AmericllJl Title "0 A OOC# ')04-0707068
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REGORDING REQUESTED BY
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CITY OF POWAY IUL '::;=, "111,14 115~ '",1"1
OFFICi,L'.,L RECCIFi[IS
':o.'"J'J OIEI~I-1 CClllj.;T' I f~ECOF:[Ij:::R":, IJFFICE
I AND WHEN RECORDED MAIL TO' GF:EC10P,\.1 '::~.tTH COU1H'j RECOR[IEF:
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CITY CLERK F'o,:,E'; b
CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111
klo POBOX 789
~'Npr POWAY CA 92074 2004-0707068
,,~ (This space for Recorder's Use)
\l'; No transfer tax due
Tax Parcel No. 277-220-21 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(SEWER AND ACCESS)
EA 04-01
NORTHPOINT DEVELOPMENT, INC, A CALIFORNIA CORPORATION, (hereinafter
"GRANTOR") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its
successors, or assigns, the followi~g' 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 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 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 easement is situated.in the County of San Diego, State of
California, and is more particularly described as follows, to wit:
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, A PORTION OF LOT 21 OF MAP 14388, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 08,
2002.
GRANTOR, its heir, 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 Director of
Development Services 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
, , ,..' / fcoorll
trees, brush, or other vegetatiQn or flora from time ,to tfme a-; GRANT-l:~ ~ete~ines in
its.,sole,discretion withouf any!additional compensation.
GR,l;\NTOR,agrees that no'oiher'easement or easements shall be granted on, under, or
oVEirthis easemenfwithout 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 witbillthe boundaries of the easement right-of-way, or modify
the size of existing pipeline's or other improvemeRts as if may determine in its sole
discretion from time to time without paying any additional compensation to GRANTOR
or GRANTOR's heirs, sl:Jccessors, or assigns, provided GRANTEE does not expand its
use of the easement beyond the easement boundaries described above
;it is also 'understoodclndagreed 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
easefllent which exists at the time this document is executed without obtaining the prior
written consent of the GRANTEE.
In the event of any dispute invqlving 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 easerilent, 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 /.. q day
Ofv~ ,2004 (1
~'l<-/LA-
NORTH POINT DEVELOPMENT, INC.,
A CALIFORNIA CORPORATION
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By / c-S- h
Its ~/n..)('''' rvtGYV>iYpZ.
By
Its
M:\engserv\eng.forms\Easements\grant ofeasernent EA 04-01.doc
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CALIFORNIA ALL,PURPOSEACKNOWLEDGIIIIENT
State ofCaM~l0
County 6f JCt-t1 Et'e;;O ,
On Jld!:j, I~ }-()O<! before me, RoJado C, 7/'t<! Jf.J@, fJup/rv
Dal, ~ ~ ' [; 7C. 6,6 Nam, a<,d TIOI"I Off""('g ,'J Do"No"~P"blid)
personally appeared 'fflCe. ,a -
Name\s) of Slgner(s)
~erSOnallY known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(~) Is/are subscrrbed to the within Instrument
and acknowledged to me that he/sheithey executed,the
same in his/herltheir authorized capacity(ies), and thatby
'--....--------~ his/heff!lwir signaturefe) on the instrument the personfe),
ifi ~.CTI,c or the entity upon behalf of which the persoo(s) acted,
_' ,commlS!lon #1281765 ,% executed the instrument
~ . 'No!<rfPubllc ~Callfomla ~
i ,san Dlago CClUIliy I WITNESS my hand and official seal.
, MyComm:El<pies Nov20..2004
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OPTIONAL
Though the information below is not required/by Jaw, it may prove valuable ,to persons relying on the document and could prevent
fraudulent rempvafand.reattachment of this. ((inri' to another document.
Description of Attached Document taJ'-t>w,M5f CJewt-l /fu..p{ A-C<<SJ)
Title or Type of Document: G~~
Document Date: Jidlj 13 J-&Otj Number of Pages:
Ivo 6WM nrW?
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signei'(s)
Signer's Name: oru r:e f;, 7cr1-J, Signer's Name:
o Individual o Individual
~ Corporate OfficerlZ1CUAtl ' o Corporate Officer
Title(s): qlf!} Title(s):
o Partner - 0 Limited 0 Gelferal o Partner - 0 Limited 0 General
o Attorney-in,Fact o AlIomey,in,Fact
o Trustee o Trustee
o Guardian orConseriator o Guardian or Conservator
o Other' Top of thumb here' o Other" Top of,tI-iumb here
. Signer Is Representing:
, A
~
C 1994 NatiOnal N.olary Association. 8236 Remmel A~e.,'P:O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1 ~BOO-876-6827
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EXHIBIT "A"
EA 04-01
LEGAL DESCRIPTION OF PUBLIC
SEWER AND ACCESS EASEMENT
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A
PORTION OF LOT 21 OF MAP 14388, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID CQUNTY ON MAY 08, 2002, SAID PUBLIC SEWER AND
ACCESS EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
BEGINNING AT THE SOUTHEASTERLY CORNER 0 F SAID LOT 21, THENCE
ALONG THE SOUTHERLY LOT LINE OF SAID LOT 21, SOUTH 88013'18" WEST
53 18 FEET, THENCE LEAVING SAID SOUTHERLY LOT LINE OF LOT 21,
NORTH 60016'52" EAST 2468 FEET, THENCE N@RTH 67035'29" EAST 18.25
FEET; THENCE NORTH 76004'56" EAST 12,84 FEET, THENCE NORTH
88025'06;' EAST 11,26 FEET! THENCE SOUTH 47025'19" EAST 7 00 FEET TO
THE NORTHWESTERLY LOT LINE OF LOT "C" OF SAID MAP 14388
(HERITAGE DRIVE, A 4000 FOOT WIDE PRIVATE STREET), AND TO THE
BEGINNING OF A NON~TANGENT360.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 47025'19"
WEST, THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LOT
LINE OF LOT "C" AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03024'40" AN ARC DISTANCE OF 21 43 FEET TO THE POINT OF BEGINNING
THE HEREINABOVE DESCRIBED AREA CONTAINS 829 SQUARE FEET MORE
OR LESS
y.--A '^-----'\
MARK A. BRENCICK, L.S 7226
. . , LANDMARK CONSULTING
6-71M!LEGALDESCJSWResmtLOT21~DOC
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EXHIBIT "B"
EA 04"-'01 SHEET 1 Or 1
LEGEND LINE DA TA
NO. BEARING DISTANCE
~ P/jBi.'IC SEWER AND AGQESS ESMT L1 N88"73'7B"E 5378'
, DWICA TED HEREON L2 N60'76'52"E 2468'
PO B, POINT or BEGINNING L3 N67'35 '29 "E 7825'
ffi 7' LANDSCAPE MAINTENANCE L4 N76'04'56"E 72.84'
EASEMENT RESERVED PER L5 N88'25'06"E 7726'
MAP 74388 L6 N47'25'79"W 7 00'
& 7' GENERAL UTILITY EASEMENT CURVE DATA
RESERVED PER MAP 14388
AND GRANTED PER NO RADIUS DELTA ARC
DGe. # 2002-:-0676169 CI 360:00.' 03.24'40" 21'43' ,-
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POR. OF
LOT 21 OF
MAP 14388
POFrJ OF BASIS. OF
LOT "iF OF
NJAp J~j38B BEARING /
N50'49 '59 "W(R)
"----...:_-,--
POFi. OF
LOT "Q" OF
J\JJ}.\p -14388
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VICINITY MAP
NOT TO SCALE
BASIS or BEARING:
~4~ THE BASIS OF BEARING FOR THIS
PLA T IS THE SOUTHERL Y LOT LINE
, OF LOT 21 OF MAP 14388;
MARK A. BRENCICK, LS 7226 I.E. N88'13'18"E
LANDMARK CONSULTING EA 04-01
PLANNING ENGINEERING SURVEYING
9555 GENESff A VENUE. STE:, 200 PLAT TO ILLUSTRA TE LEGAL
SAN DIEGO, CA 92121, (858)587,8070 DESCRIPTION OF PUBLIC SEWER AND
ACCESS EASEMENT OVER A PORTION
PPP,JEC T NUMtlER,' 6 II Or LOT 21 OF MAP 14388
.0 A fE, 17 JUN 2004
6- -, IM;'misc-dwg/SWResmtL072i dwg
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated July 13, 2004 from Northpoint Development, Inc" A
California Corporation, Grantor, to the City of Poway, Grantee, a political corporation
aricl/o('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 July 26, 2004 CITY OFPOWAY
By'
M:\engserv\eng forms\Easements\certificate of'acceptance-city EA04-01.doc