Grant of Easement Sewer Lines, Water Lines & Appurtenances 2004-0567543
~ ' ~
\.. R~COROI('D If(~wi!JItl:n Of Fm, tll\ERlt;j\MilnE
'noC~
~.; . SI.l~Dt'\f118K)1'J Soii,!.E.om i:L. A\rJ1i1MJE~ 2004-0567543
RECORDING REQUESTED BY
..
JUN 17. 2004 4:20 PM
CITY OF POWAY
OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO' 18;743 SAN'DIE60 COOOY REcoRDER'S OFFICE
rIP GREGORY J. SMITH, coiJNTYRECORDER
CITY CLERK FEES: 0.00
CITY OF POWAY ~~ oc: NA
POBOX 789 '~~'";;-.~\-IH~I\\",I\lFI\o,I>",'\'\\I"" , I
POWA Y CA 92074 {0~ : 1111111111111111111111111111111111111111111111111111111111111111111111
O~I . {1 , _ ,,:,~ I" :1:.. ~.~:11 J~!I. Lt~~tl~~~Z~t~,':J~,: !"!:L~lJl.~~ Hi
No transfer tax due (This space for Recorder:s,Use)
Tax Parcel No. 321-230-86, 87, 89, & 90 o DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(SEWER LINES, WATER LINES & APPURTENANCES)
EA 03-05
DEER CANYON DEVELOPMENT, INC, A CALIFORNIA CORPORATION, (hereinafter
"GRANTOR") 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
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:
THAT PORTION OF PARCELS 1 THRU 4 OF PARCEL MAP NO 11091,
RECORDED MARCH 12, 1981, AS FILE NO; 81-076126 OF OFFICIAL
RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
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 approyal of the City of Poway as evidenced by the signature of the Director of
Development Se,rvices on an approved plan. GRANTOR, its heirs, successors and
assigns shall hot 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
~780 -41J
, . . 18744
trees, brush, or other vegetation or flora from time to time as GRANTEE determines in
its sole discretion without any additional compensation,
GRANTOR agrees 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 GRANTOR
or GRANTOR's 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 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
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 allattomey'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 Ie day
of I u_ e.- ,2004
D~LOPMENT.'NC .
A CALIFORNIA CORPORATION
By "J?A~L_~J;;> ~
Michael Dec
Its ~/' e .t, .pet;/-
I
By
Its
M:\engserv\eng forms\Easements\grant of easement EA 03-05.doc
. CAI,..'IFORNIA ALL.PURPctE ACKNOWLEDGMENT . 18745
State of (lcYlkAJ; =>
County of '" ~.".J ~/.,.....c,; D
./
O(r...,~AJC; /6,n...;Jet),,/ before me. ~ -rr-~
0,,, A (' I, / N,m""d 111100' Off"" ",:';' J,", Do" No',~ Pobk'l
personally appeared Y;{7! c-"1 e ~c:--' p?,re-..s;. d~-I--
Name(s) oYSigner(s}
o personally known to me - OR -~roved 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/theinal!fhorizedcapacity(ies), and that by
his/her/their signature(s)"on the instrumentthe person(s),
or the entity upon behalf'of which the person(s) acted,
.1'1 K.TRAN ~ executed the instrument.
- Comm, #,1471631 .
III NOTARY PUBUC'CAUfOR.NIA (Jl WITNESS' my hand and official seal.
'~ san'Oi~oCounlk :
_ My Comm.'Expifes Feb, ,WO& J ~; /~
, Signature of Notary Public
OPTIONAL
Though the information below is not re.clutred by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to ~notherdocument.
Description of Attached Document
Title or Type of Document: &;- ~ o:Wl-- ()-f ~~ E7MC~f-
Document Date: "- 1U IV(2 /6/ c:ge;o-F Number of Pages: ~
/ ,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate, Officer
Tille(s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney"in,Fact o Attorney,in,Fact
o Trustee o Trustee
o Guardian or Conservator d Guardian or Conservator .
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
I
c 1994 National Notary Association' 8236 Remmet A'";6.;p.6. 8~x 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-free 1-600-876-6827
. . 18746
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real proPElrty conveyed by the deed or grant
dated SClvt.e 17 I zoof from Deer Canyon Development, Inc., A
California Corporation, Grantor, 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: (~ IlP, QcoI CITY OF POW A Y
B~
Sherrie D Worrell, Deputy City Clerk
M:\engserv\eng forms\Easements\certificate.of acceptance-city EA03-05.doc
, "
'-
.' , . .
LEGAL DESCRIPTION FOR 18747
SEWER AND WATER EASEMENT
EA OJ-05
EXHIBIT A
AN EASEMENT FOR SEWER AND WATER PURPOSES, TOGETHER WITH
INGRESS AND EGRESS RIGHTS, OVER, UNDER, ACROSS AND ALONG THOSE
PORTIONS OF PARCELS I THRU 4 OF PARCEL MAP NO 11091, RECORDED
MARCH 12, 1981 AS FILE NO 81.076126 OF OFFICIAL RECORDS OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, AND ILLUSTRATED AS
EXHIBIT B, ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, THENCE
SOUTH 88034'53" EAST, A DISTANCE OF 13003 FEET, ALONG THE
SOUTHERLY BOUNDARY OF SAID PARCEL 1 TO THE INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF TWIN PEAKS PLACE (6000 FEET
WIDE) SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE
CONTINUING ALONG SAID SOUTHERLY BOUNDARY OF PARCELS I THRU 4,
SOUTH 88034'53" EAST, A DISTANCE OF 438.50 FEET, THENCE LEAVING SAID
SOUTHERLY BOUNDARY AND PROCEEDING NORTH 01025'07" EAST, A
DISTANCE OF 3700 FEET, THENCE NORTH 88034'53" WEST, A DISTANCE OF
36.50 FEET TO THE BEGINNING OF A TANGENT 24 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 9000000", AN ARC DISTANCE OF 3770
FEET, THENCE NORTH 01 025'07" EAST, A DISTANCE OF 26.00 FEET, THENCE
NORTH 88034'53" WEST, A DISTANCE OF 2800 FEET, THENCE SOUTH
01025'07" WEST, A DISTANCE OF 26,00 FEET TO THE BEGINNING OF A
TANGENT 2400 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 90000'00", AN ARC DISTANCE OF 3770 FEET THENCE NORTH 88034'53"
WEST, A DISTANCE OF 326.84 FEET TO A POINT ON THE EASTERLY RIGHT-
OF.WAY OF SAID TWIN PEAKS PLACE, THENCE SOUTHERLY ALONG SAID
RIGHT-OF~WAY SOUTH 00007'42" WEST, A DISTANCE OF 3701 FEET TO THE
TRUE POINT OF BEGINNING,
SAID EASEMENT CONTAINING 17,887.27 SQUARE FEET
" ,-
EXHIBIT "B" 1-8748
EA 03-05
I @ PRIVA TE RDAD AND UTILITY EASEMENl;
> ~SCALE 1"=10.0.'
PER PM 110.91
PDINT DF CDMMENCEMENT @ EXISTING IRREVDCABLE DFFER DF
DEDICA TlDN FOR RDADWA Y PURPDSES,
PM 1109'1 SLOPE RIGHTS AND DRAINAGE EASEMENTS
GRANTED TO THE CDUNTY DF SAN DIEGO,
~ BY DDC. NO. 80.-40.0.869, RECDRDED
!:::j
c:::, !!-26-80, BDDK 1980. o.R
~ TWIN PEAKS PLACE C0 AN EASEMENT FOR INGRESS, EGRESS,
TP o.B L I @@@
PUBLIC U77L177ES AND INCIDENTAL
PURPDSES, IN FA VDR DF VARIDUS
PAR77ES, RECDRDED MA Y 12, 1975 IS
INSTRUMENT NO. /42442 DF o.R
~ @ AN EASEMENT FOR PUBLIC U77L!77ES AND
INCIDENTAL PURPDSES IN FA VDR DF SAN
~ DIEGO, GAS AND ElECTRIC, RECDRDED
f": 4/25/0.3 AS INSTRUMENT NO.
"'1
0.3-0.480.537 OF o.R
U ~ (() AN EASEMENT FOR PUBLIC U77L177ES AND
INCIDENTAL PURPDSES IN FA VDR DF SAN
pel 2 ~ DIEGO, GAS AND ElECTRIC, RECORDm
~ 4/15/81 AS INSTRUMENT NO. 81-1170.0.0.
~ DF o.R, EASEMENT CANNDT BE PLOTTm
FRDM RECDRD
~ CURVE TABLE
1::J('l " ~ -----------------------------
,...I ,-) NO. DElTA RADIUS LENGTH
-----------------------------
U CI 90.'0.0.'0.0." 24 DO.' J77o.'
L5
L5 LINE TABLE
------- - -- -------
SEE DUAIL NO. BEARING I ENOTH
L4 --------------------------
pel 4 u No.D '0.7 '42"E 370.1'
L2 NO.1 '25 'D7"E 37 CD '
L3 L3 N88'34 '53"11' 36 50. '
L2 L4 NO.1 '25 'D7"E 25 CD'
L5 N88'34 '53"11' 2498'
LEGEND L6 N88'34 '53"11' 30.2 '
U NO.1 '25 'D7"E 26 CD'
~ EASEMENT L8 NeD '0.7'42'[' 870.2'
TPo.B TRUE PDIN T ~u 260.0.' PC!, 3
DF BEGINNlNC .10.2'
~L8 870.2
~_'I.."''f."l'--~I 2498' PC!, 4
0 100 200
DETAIL NTS