Grant of Easement Water Lines & Appurtenances 2003-0901900
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RECORDING REQUES& BY DQC' 2003-0901-900
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CITY OF POWAY JUL 29, 2003 8:39 AM
.~ ANDWHEN RECORDED. MAIL TO' OFFICIAl RECORDS
~J\:: CITY CLERK SAN DIEGO COUNTY RECORDER'S OFFICE
mGORV J. SMITH, COUiiTY RECORDER
e,~ CITY OF POWAY FEES: 0.00
, POBOX 789 DC: NA
POWAY CA 92074
No transfer tax due (This spac;efor Recorder's Use)
Tax Parcel No. 323-501-03,04,05 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER liNES & APPURTENANCES)
WE801-01-448
TRANSPORT INTERNJ:\TIONAL POOL, INC, a Pennsylvania Corporation, (hereinafter
"GRANTOR") hereby grants to OITY OF POWAY (hereinaJ:ter "GRANTEE"), its
successors, or assigns, the follbwiOg 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 th,e right"of"way described in
Exhibit "A" as GRANTEE may how 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 rol.Jte;orroutes 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 easemel}tissituated inth~'County of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
THAT PORTION OF LOTS 3; 4 AND 5 AS SHOWf)! ON MAP 14230 IN
THE CITY ,OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE 0F THE RECORDER OF
SAN DIEG'O COUNTY ON JUNE 19,2001, AND AS SHOWN IN CITY OF
POWAY PARCEL MERGER 02-07 RE9,QRD!=P APRIL 22, 2003, AS
FILE NO 2003"0460688 OF OFFICIAL RECORDS
GRANTOR, its heir, .successors and assigns shall not erect or construct or permit to be
erected or'construCted any building, struc,ture.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 orwellson any portion of the easement.
I "SD'-j-t \
Cf3-13S
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GRf.NTEErfiay ~se ell,l :Ies Emd fence~,which! now,or iatAross 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' to time as GRANTEE determines in
its sole discretion withoutany addition compensation
GRANT@R agr,ees that.noother easement or easements shall be granted on,under, or
'over tt:liseasementwithout,obtaining tf1e prior'writteh cohs'ent of GRANTEE
GRANTEE may at anytime-increase its use of the easement, change the location of
pipeiine's"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, SlJccessors; 'oJ assigns, provided GRANTEE doe not expand its
use of the easement beyond;the,$asement boundariesdesc'ribed above
It is also understood and agreed by the parties that the GRANTOR and. the
GRANTOR'S heirs, successors, or assigns, shall notincreaseor decrease'or permit to
be increased or' decreased the. existing ,ground eleyations of the above described
easement which exists at tlie time this document is executed without obtaining the prior
written cClnsent 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
.Iaw or inequity, including an action for declaratory :[eli.ef,is brougtlt to enforce or
interpret the provisions or perforr:T1ah'ce of this eas,emer,it, the prevailing party shall be
eqtitled t9 an award of ClJlattorney's.fees and the'c,?sts 9f the proceeding, which shall be
'determined by the court or the presiding officer having aUthority to make this
determination
GRANTOR expressly warrants land represents that GRANTOR has the po~er to grant
this easement in accordan.ce with its terms,
IN WITNESS WHEREOF, the QRANTOR has executed this Easementthis Z '2 day
of - , 2003
..JULY
NSPORT INr jX,'FiONA POOL INe.
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A PennsYlvania Corporation
.'Lla....o. Id @'....GC'O:"..J( tr
(Signatures must be notarized
Notary form attached.)
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CALIFORNIA ALL.PURPOI:ACKNOWLEDGMENT .
')
State of {/-ILlfO/Z/IJ1 A
County of OIZ'AiJJr::p;-
On J V/-il ~, ;}.C<J3 before me ()jJLI u
I Date '
personally appeared hJt1./ GI<"A V/lT ,
Name(s) of Signer's)
~SOnallY known to me - OR - 0 proved to me on the basis ofsatisfattbry evidence to be theperson(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/their aulhorized capacity(ies), and that by
~ - - - -. - - -. - '. ":" .':" - ~ his/her/their signature(s) on the instrument the person(s),
{t .MICHELL.E. D..CO.. TA. or the entity upon'behalf of W.hiCh the person(s) acted,
- . COmmlssl~n# 135!!637 z executed the instrument.
~. Notary Public' California .z
z . >
) Orange'CountY f .
MyCo'?'fT'Exp;rooM8y7,2006 WITNESS my hand and official seal.
- - - - - -...--.. - - -:.. ~/r!/J &- {rix
, ~ignature of Notary Public
OPTIONAL
Though the.information below is not required bylaw, it, may prove valuable to persons Ielying on the document and could prevent
fraudulent removal and reattachment of this fonn to f!.nother document.
Description of Attached Document
Title or Type of Document: r),k?,q /lIT &-(' rASE Mt?/VT
Document Date: :::Tv L V 2 'Z 2!/X>, Number of Pages: l?
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ll1'/v:7t/ r/,;;'. U.r:Jl//TT Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): litle(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney-in-Fact .0 'Attorney-ln'Fact
o Trustee 0 Trustee
o Guardian or Conservator 0 Guardian or Conservator
~Other' C' tY.(5T",""c T/; /f{ 0 Other'- Top ofthumb here
7P,,(' '//e '" MAIlII'lf't'.e
Signer Is Representing: Signer Is Representing:
C.;:, C'?--~
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. ~U4Ar~
c 1994~ National Notary AssocIation' 6236 Remmet Ave" P.O. Box 7164 . Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1.600.876-6827
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EXHIBIT 'A'
EA 02"17
WE 801-01-448
AN EASEMENTFOR WA'J:ER LINE PURPOSES.AND,APPURTENANCES THERETO
OVER UNDER ALONG AND ACROSS A STRIP OF LAN 0 20 00 FEET IN WIDTH IN
LOTS 3, 4, AND 5AS SHOWN ON MAP 14230 IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN 'rHE OFFICE OF THE
RECORDER,OF SAN DIEGO COUNTY ON JUNE 19, 200.1 AND AS SHOWN IN CITY
OF POWAY PARCEL MERGER 02-07 RECORDED APRIL 22, 2003 AS FILE NO
2003-0460688 OF OFFICIAL RECORDS
BEGINNING AT THE NORTHEAST CORNER OF LOT 5 OF SAID MAP 14230;
THENCE, ALONG THE EASTERLY BOUNDARY THEREOF SOUTH 0"11'52'! EAST,
1501 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID 20 00
FOOT EASEMENT AND THETRUE POINT OF BEGINNING; THENCE, LEAVING
SAID EASTERLY LINE NORTH 88?15'31"WEST ALONG,SAID NORTHERLY LINE
622.13 FEET, THENCE, LEAVING SAID NORTHERLY LINE SOUTH 1 "44'28" WEST,
274 00 FEET, THENCE, SOUTl'ii88'15'32" EAST lOI'.62 FEET; THENCE, NORTH
1"44'28" EAST 20.00 FEET; THENCE, NORTH 88"15'32'WEST 87 62 FEET, THENCE,
NORTH 1"44'28:' EAST 234,00 FEET, THENCE, SOUTH 88"15'31" EAST 602.92 FEET
TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 5, THENCE,
POINT OF BEGINNING.
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I EXHIBIT B
~C/L STOWE EA 02-17
'DRIVE WE801-01-448
EXlSTlNG.S'-'Mj)f:
CE:NERAL'U11UTY I
EI\S~TPER I
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I NOTE. LOTS 3,_.4, & 5 PER I WA TER EASEMENT
IMAP 14230 HAVE SEEN MERGEO, GRAN,TED HEREIN
I SEE ciTY OF POWA Y IM02~07
IRECORDED 4-22-,2003 AS FILEI
I NO. 2003_0460688 'OF O.R. I a
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I . OWNER'
I fRANSPORT INTERNA~ONAL
POOL INC" A PENNSYLVANIA
CORPORA TION BY GE CAPITOL
'RS ENGINEfRING, INC MODULAR SPACE.
i 2320 STOWE DRIVE 5692 EASTGA TE DRIVE, SO, CA. 92121
SUITE E POWA Y, CA 858- 453-9562
92064
858-748-2130
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CERTIFICATE OFACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: Jul v 22. 2003 from Trahsportlnternational Pool, Inc., a
Pennsylvania Corporation, Grantor, to the City of Poway, Grantee, a political
corporation and/or governrrien!alagency is hereby acceRted by the undersigned officer
or agent on behalf of the City Council pursuant to,authority conferred by Resolution No
34 adopted on January 20, 198t, and the Grantee consents to recordation thereof by its
duly authorized officer
Dated Jul v 28. 2003 CITY OF POWAY
B~. D~ ie
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be(',,rme.' .., 'CI .
Sherne D, Worrell, eputy City Clerk
for Lori Ahne Peoples, City Clerk
M:\engserv\eng forms\Easements\certificate of acceptance-city; 801 ~01-448.doc