Grant of Easement Water Lines & Appurtenances 2003-0620550
RECORDING REQUES,.I BY I '2003-0620550
.. DOC
CITY OF POWAY MAY 28. 2003 8=16 AM
AND. WHEN RECORDED MAiL TO' OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
~ ~ CITY CLERK GIIGORV J. SMITH, COUNTY RECORDER
CITY OF POWAY FEES: 0.00
~ POBOX 789 DC: NA
6 POWAY CA 92074
~~ No,transfer tax due (This space for Recorder's Use)
v~ Tax Parcel No. 323-501-01 NO DOCUMENT TRANSFER TAX NO FEE
0~
\ GRANT, OF EASEMENT
(WATERLINES & APPURTENANCES)
WE 801-01-444
LLOYD H WELLS, TRUSTEE OF THE LLOYD WELLS GIFT TRUST DATED
NOVEMBER 24, 1987, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE"), its successors, or assigns, tile following described easement
for a rightcof-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 rl1ay now or hereafter determine
in its sole discretion without any additional compensation therefor, together with the
right of ingress and egress frorh 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 hghts-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 particulariy described as follows, to wit:
THAT PORJION OF LOT 1 OF MAP 14230, POWAY TRACT NO 00-01,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE. COUNTY RECORDER
OF SAID COUNTY, RECORDED JUNE 19, 2001, AS FILE NUMBER
2001-0413086
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 evidericecJ by ttle 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.
D3-09(p,
GRANTEE may use <:l.ll_~S ?Ild fences, wJ:H:Ch, QOw or late_ross any portion of the
easement. GRANTEE shall also be entitled to trim, cut, or clear away or remoVe any
tre.e$, brush, or qthefvegetation orJlora frorntime to time as GRANTEE determines in
, its sole discretionwi~hout any additional compensation.
GRANTOR agrees that no other easementoreasemen'ts shall be granted on,under, or
over this easement withoul'c:lbtaining the priorwritten consent of GRANTEE.
GRANTEE may at any' time Ln,crease. its use. of the .easement, change the location of
pipelinesorbther facilities within the boundaries!ohhe .easement right-of-way, or modify
the si'2e of. existing pipelines or other improvements as it may determine in .its sole
discretion from time to time without paying any additional compensation to GRANTOR
'.)
or GRANTOR's heirs, successors" or assig[1s, provid5ld GRANTEE does not expand its
use'of the easement beyond the easement boundaries d5lscribed above.
It. i$ qJs_o u'nde,rstood arid agreed by the parties that the GRANTOR and the
GRANTOR'S. heirs, sLJccessors, .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 ofthe.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 qf this easern~nt, the prevailing party shall be
entitled to an awar:d of allatt()fQe.ls fees and the sosts <;if the proceeding, which sha.ll be
determln.ed 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 V\(ITNESS'WHEREOF, 'theGRANifOR has"executechhis Easement'this ,1/ sr day
of ).fA i , 2003
~1'~~ ~1'4~,
LLOY H. WELLLS; TRUSTEE OF TH~ LLOYD
WELL2 GIFT TRUST, DATED NOVEMBER
24, 1987
M:\engserv\eng fo'iTns\Easemerits\grart bfeasemerit 801~01-444.d<?c
CALIFORNIA ALL"PURPcA ACKNOWLEDGMENT .
Stale of r:: 0/;-/''0" n I a
County of San 7J/es 0
On M Cl 'I .1./ ';003 before me, Je..'/;bJe- IItLn ler'
/ Dale I' Nam~ and Title of Officer (e.g. . Jane Doe, Notary Public")
personally appeared L/L?yd II. We//c;
Name(s) oISigner(s)
~personally known to me - OR- 0 proved to me on the. basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the wilhin instrument
and acknowledged to ,me that he/she/they executed the
. same in his/her/their authorized capacity(ies), and that by
~ - - - - - ~ - - - - - '1 his/her/their signature(s).onthe instrument thEl person(s):
_...... . com.~~~~nH~~kE:.6il9.. or the entity upqn behalf of which the person(s) acted,
~ ,.". NotoryPUt;>fic - Colf/amla " executed the Instrument.
i Son DIego County I
. . MyComm.ElcpiesJor:l1.;I!P5, WITNESS my hand and official seal.
- - - - - - - - - - - - / a/J~ ~
, S'9",""Of~'
OPTIONAL
Though the information below is not'required'by Jaw,.i! may prove valuable 'to persons, relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: I~" a /if ;? f' E a ><"" dlerr!
Document Date: !lay JLI .1 ///! 3 Number of Pages: tf
/
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name: L /0 y cI /oj W~11.s-
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): 1itIe(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
o Trustee I8J Trustee
o Guardian or Conservator . 0 Guardian'or Conservator
D. Other" Top of thumb here 0 Other- Top of thumb here
Signer Is Representing: Signer Is Representing'
,
C 1994 'National Notary Association ~ 8236 Remmet Ave.. P.O: Box 7184 . Canoga pai'k: CA 91309-7184 'Pro<t' No. 5907 Reorder: C~1l Toli-Free 1-:800:876-6827
,
. .
EXHIBIT "A"
WE 801~01-444
EA 02-11
LEGAL DESCRIPTION
AN EASEMENT FOR WATER LINE PURPOSES OVER, UNDER ACROSS AND
ALONG A PORTION OF LOT 1 OF MAP 14230, POWAYTRACT NO 00-01, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RECORDED JUNE
19, 2001 AS FILE NUMl?,ER 2001-0413086, BEING MORE PARTICULARLY
DESCRffiED AS FOLLOWS AND FURTHER ILLUSTRATED AS EXHIBIT 'B'
ATTACHED HERETO AND MA:DE APART OF THIS DOCUMENT
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE NORTH
88015'31" WEST ALONGnrn NORTH LINE OF SAID LOT 1 A DISTANCE OF 5.71
FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID NORTH
LINE SOUTH 1045' 14" WEST PARALLEL WITH THE WEST LINE OF SAID LOT 1 A
DISTANCE OF 237.64 FEET; THENCE SOUTH 46044'52" WEST A DISTANCE OF 22.43
FEET, THENCE NORTH 88015'31" WEST A DISTANCE OF 416 FEET, THENCE
SOUTH 1044'29" A DISTANCE OF 72.11 FEET, THENCE SOUTH 88015'31" EAST A
DISTANCE OF 10.68 FEET, THENCE SOUTH 1044'29" WEST A DISTANCE OF 10.00
FEET, THENCE NORTH 88015'31" WEST A DISTANCE OF 20.68 FEET, THENCE
NORTH 1044'29" EAST A DISTANCE OF 82,11 FEET, THENCE NORTH 88015'31"
WEST A DISTANCE OF 224:62 FEET, THENCE NORTH 1005'17" EAST A DISTANCE
OF 205.29 FEET, THENCE NORTH 52053'40" EAST A DISTANCE OF 9.89 FEET,
THENCE NORTH 1044'12" EAST A DISTANCE OF 42.02 FEET TO THE NORTH LINE
OF SAID LOT 1, THENCE SOUTH 88015'31" WEST ALONG THE NORTH LINE OF
SAID LOT 1 A DISTANCE OF 20:00 FEET, THENCE LEAVING SAID NORTH LINE
SOUTH 1044'12" WEST A DISTANCE OF 50,92 FEET; THENCE SOUTH 46044'12"
WEST A DISTANCE OF 10,73 FEET, THENCE SOUTH 1005' 17" EAST A DISTANCE
OF 175.00 FEET, THENCE SOUTH 88015'31" EAST A DISTANCE OF 210,73 FEET,
THENCE NORTH 46044'52" EAST A DISTANCE OF 5.87 FEET, THENCE NORTH
1045' 14" EAST A DISTANCE 229.35 FEET TO THE NORTH LINE OF SAID LOT 1,
THENCE SOUTH 88015'31" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT
OF BEGINNING,
EXHIBIT 8'
HE 801-01-444 ~
FA 02-11 ,II
~, ~
""-1 c.,
~~! '"
;;JI ~
, I
~, ____K/RKflA4LWA r TRUE PCINT CF BEGINNING
--_~r f
~I--- --
Vi! ~ ---- -.-fl
- -
~/ L!t ~ U5 U
~ N8875'3/ ''J1I 258. 7/' NCRTHEAST CCRNER
BASIS CF BEARINGS CF LCT /
l:l::i 25.7/'
Vi
vi
~. ~ '"
~ S>i <c
'" ~
l:\:: " ""
~ LOT I ~ ~
. ~ '> '
Vi ~ MAP 14230 ,.... '> NCTE: AIL BOUNDARY DA TA IS RECCRD
'c5 " '" .....
<::; .... "" ~ PER MAP 14230, TRACT NO. 0.0.-0/
~ " ~ .... ,
~ 1::;
~ "- Vi
I....: "- ,.... ~
~- ~ NUMBER DIRECTlCN DISTANCE
~ ;....
!f)' , ~ ~ '" U N8875'3/ "w 5.7/'
~ ~ <::; ~ 12 S46"44'52"W 22.43'
" ."-'
l'5 iiS __.1 '> LJ N8875'J/"W 4./6'
~ ,....
lei S8875'3/''[' 2/0.73' ~ 14 So./"44'29"W 72. !! '
"
'> .... L5 S8875'J/T 1068'
~ .~ ---TS8875Jn- 224.62' - . \,~ ~ L6 SO/"44'2g"W lOCo.'
'S. "-
,.... 17 N8875'J/ "w 20.68'
is
l.&"j .... L8 No./"44'29''[' 82. !! '
~ 8l // Co.' L9 N52"53'40.''[' 989'
~ Uo. No./"44/2T 42.0.2'
~ U/ N8875'J/ "w 20.0.0.'
U2 So./"44'/2'W 50.92'
U3 S46"44 '/2'W 10 73'
U4 N46"44 '52 T 5.87'
U5 58875'3/T 20.0.0.'
'48"W 277.29' Dn TA ANGLE ARC LENG TN
580.'38 0.0.:1/'24" /8.56
LOT A
MAP 14230
I4C1NITY AlAP
NO SCA<E
. . .
..
CERTIFICATE OF AQCI;PrJ'ANCE
This is to certify that the interest in real property conveyed by the deed or grant
,dated: May 21, 2003 from Lioyd H Wells, Trustee Of The Lloyd
Welt\> Gift Trust, dated November 24, 1987, Grantor to, the City of Poway, Grantee, a
political corporation and/or .governmentalagencY is hereby accepted by tt'le
undersigned officer or ageht on behalf of the City. Council pursuant to authority.
cohferred by Resolution No 34 adopted on January 20, 1981, and the Grantee
.consents to recordation thereof'by its duly authorized officet.
Dated: May 23, 2003 CITYOF POWAY
B~)lloMl~.~
Lori Ar;1D8 peoples,Citl; Olerk
Sh,h::rie D. Woi:r-en, eputy City Clerk