Grant of Easement Water Lines & Appurtenances 2003-0682063
i . DOC t2003-0682063
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RECORDING REQUESTED BY
CITY OF POWAY JUN 10. 200..:. 10:03 AM
OfFICIAL RECORDS
AND WHEN RECORDED MAIL TO' SAN DIEGO COUNTY RECORDER'S OFFICE
GIIGORY J. SMITH, COUNTY RECORDER
CITY CLERK FEES: 0.00
CITY OF POWAY DC: NA
POBOX 789 I IIIIIIi Ilill 11111 111111111111111 11111 11111111111111111111 11111 I 1111111
5 POWAY CA 92074 9
'--..:~: . _ 2003~0682063' - - - . ': .. 4
No transfer tax due (This space for Recorder's Use) ._~----. -- -.'" -
Tax Parcel No, 317-810-1.8 NO DOCUMENT TRANSFER TAX NO FEE 1
IS 8
\ V^~ GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
oi#< WE 801-01-446
BRIECK/LEDESMA PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP,
(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 LOT 41 OF MAP 12556, POWAY TRACT NO 87-13
UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, RECORDED FEBRUARY 8, 1990, AS FILE
NUMBER 90-072267
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.
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GRANTEE may use <311 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 'ta time'as GRANTEE determines. in
itssQ[ediscretion without any additionalcomp.ensatian.
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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 til)1eincrea$e its use of the.easement, changE:l .the location of
pipelines or other facilities witJiin the boundaries oftheeasement right-of"way, or modify 9
the size. pf existing pipeliries. or other improvements as it may determine in its sole
discretiarifrqm time to time without paying any additional compensation to GRANTOR 4
or GRANTOR's heirs, successors, or assigns, provided' GRANTEE does not expand its 1
use of the easement beyond the,' easement boundaries described above 9
It is also understood aDd agreed by the parties, that the GRANTOR and the
GRANTOR'S heirs, successor.s, 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 arbitrC)tion proceeding, administrative proceeding or litigation in
law or in equity, inc;luding an ,actiQnfor declaratory :relief, is brought to enforce or
interpret the pr()visions or performarice of thi~ easemeht" 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~md represents that GRANTOR has the power to grant
this easement in accordance with its terms.
IN t:J>>ESS WHEREOF, the .GRANTOR has executed this Easement this ,;?/3f/day
of tUJ-- ' 2003,
A~~~
BRIECK/LEDE MA AR NERSHIP,
A CALIFORNiA GENERAL PARTNERSHIP
00r.6thy L. Ledesma
M:\engs~xv\eng forms\Easements\grant-of.easement 801:'01~446.doc
:CALlFORNIA,ALL-PURP& ACKNOWLEDG.ME~l' .
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~tate of
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On
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Name(slot,Signer(s)
DfJ8r~gRally h"O..I, Ie ffiC OR -~oved to me on the basis o/satisfactory evidence to be the perso<<
whose name(/l ~iq,re:subscribed t.o the within instrument
. and acknowledged to me that be1She/t~ executed the
. - - -.,,- - --, same in ~er/t~uthorized capacity(~ and that by
~ ~~,~w:;:\o"-~ """'''_'."''""'-roo''' i,,"""". ,he""'"""
.,-' . No~f~~UBL1C'CALIFORNIA$ or the entity upon behalf of which the perso~cted,
g. '. COMM, NO'dt~~~ - executed the instrument.
~ . SAN DIEGO ..
. MY COMM. EXP SEPT. Xl, 2005
Though the information below is not reqUired l!ylaw, itm y pr evaluable topersons relying on the document and couldprevent
fraudulent removal'and r ffa ment of this form to another'document.
ription of Attached Docum
Document Date: Number of Pages:
Capacity(ies) Claimed by Signer(
Signer's Name:
o Individual ividual
o Corporate Officer Cor rate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner- Limited 0 General
o Altorney'in-Fact o Attorney-incFa
o Trustee o Trustee
o Guardian or Conservator o Guardian.or Conse
o Other' Top of thumb here o Other'
Signer Is Representing: Signer Is Representing:
:
C 1994"Nail~nal Notary Association. 8236 Remmel Ave., P.O. Box 7184 ;, Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll.Free 1-800-876-6827
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'EXHIBIT "A'-l
WE 801-01-:446
EA02-10
LEGAL DESCRIPTION
AN EASEMENT FOR WAfER LINE PURPOSES OVER, UNDER ACROSS AND ALONG A
PORTION OF LOT 41 OF MAP 12556, POWAY TRACT NO 87"13 UNIT 1, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE 9
COUNTY RECORDER OF SAID COUNTY, RECORDED FEBRUARY 8, 1990 AS FILE NUMBER
90c072267, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND FURTHER 4
ILLUSTRATED AS EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT 2
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 41, SAID CORNER BEING ON 1
A 1475:50 FOOT RADIUS CURVE, CONCAVE NORTHERLY,.A RADIAL TO SAID CORNER
BEARS.SOUTH 09041'00" EA,ST;TH~NCE EASTERLY ALONG THE ARC OF SAID 9URVE
ALSO BEING THE SOUTHERLY BOUNDARY OF SAID LOT 41, THROUGH A CENTRAL
ANGLE OF 00043'26", AN ARC DISTANCE OF 18.64 FEET TO THE TRUE POiNT OF
BEGINNING, A RADIAL TO SAID POINT OF BEGINNING BEARS SOUTH 01024'27" EAST,
THENCE: NORTH 01024'27" A DISTANCE OF 35.00 FEET, THENCE NORTH 88038'40" EAST A
DISTANCE OF 58:07 FEET, THENCE NORTH 01021'20" WEST A DISTANCE OF 1.22 FEET,
THENCE NORTH 85007'37" EAST A DISTANCE OF 58.07 FEEL THENCE NORTH 04005'00"
WEST A DISTANCE OF 13639 FEET, THENCE NORTH 37'18'17" WEST A DISTANCE OF 463
FEET, THENCE SOUTH 84023'56" WEST A DISTANCE OF 5377 FEET, THENCE NORTH
05040'09" WEST A DISTANCE OF 29.99'FEET, THENCE NORTH 84019'51" EAST A DISTANCE
OF 20.00 FEET, THENCE SOUTH 05040'09" EAST A DISTANCE OF 10.01 FEET, THENCE
NORTH 84023'56" EAST A DISTANCE OF 44.94 FEET, THENCE SOUTH 37018'17" EAST A
DISTANCE OF 21 75 FEET, THENCE SOUTH 04005'00" EAST A DISTANCE OF 150.57 FEET,
THENCE SOUTH 40055'11" WEST' A DISTANCE OF 16.25 FEET TO A POINT ON A NON
TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1460.50 FEET, A
RADIAL TO SA,IDPOI1\1T BEARS SOUTH 06020'08" EAST, THENCE WESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04?08'36" AN ARC DISTANCE OF
105.62 FEET, THENCE'SOUTH 01024'32" EAST, A DISTANCE0F'15 00 FEET, TO A POINT ON
THE SOUTHERLY BOUNDARY OF,SAID LOT 41, SAID poiNT BEING ON A NON TANGENT
CURVE CONCAVE NORTHERLY AND HAVING.A RADIUS OF 1475.50 FEET, A RADIAL TO
SAID POINT BEARS SOUTH 020n '03" EAST, THENCE WESTERLY ALONG THE ARC OF
SAiD CURVE AND THE SOUTHERLY BOUNDARY OF SAID LOT 41 THROUGH A CENTRAL
ANGLE OF 00046'36", AN ARC DISTANCE OF 2000 FEET TO THE TRUE POINT OF
BEGINNING,
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EXH/B/ T 'BJ
WE 801-01-446
lOT 37' TRACT 87-13 UNIT.! EA 02-10 ~
OF gAP 12556 ."
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, NOTE. ALL DA1A RECORD PER MAP 12556
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, TRACT NQ 87-13 UNIT I
: SOl '24.277 (8)
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TRUE POINT OF NUMBER DFL'rA ANGLE RADIUS ARC LENGTH
BECINNlNC CI 00'4326" 1475.50' 18.64'
SOUTHWEST CORNER LOT 41 C2 00'46.'.36" 1475.50' 2000'
C3 6"5929" 1475.50' /8000'
C4 04"08'.36" 146050' 105.62'
NUMBER DIRFC 1701'1 DISTANCE
U 1'101'24'27"14: 3500'
L2 1'1 B8:18'40' E 58. 07'
U S 01 '21'20" E 1.22'
L4 S 85"07'37" 1'1 58.07'
l5 S 37'18'I7"I 4.63'
L6 1'1 84'23'56" E 53]7' .,~
U S 05'40'09" E 2999' - - ~
L8 S 84'!9'51" 1'1 2000' i
L9 1'105'40'09" W 100:'
UO S 84'23'56" W ,.44.'94'
LI! 1'1 37'1877" 1'1 2175'
U2 IV 40:5571" E 16.25'
U3 1'1 01 '24.'32" 1'1 1500' I4C/N/TY NAP
PO"'-"E
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated May 23. 2003 from BRIECK/LEDESMA PARTNERSHIP, A 9
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California General Partnership, Grantor to the City of Poway, Grantee, a political 2
corporation and/or governmental agency is hereby'accepted by the undersigned officer 3
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: June 2. 2003 CITY OF POWA Y
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M:\engserv\eng fonns\Easements\certificate of acceptance-city B01-01-446.doc