Grant of Easement Sewer Lines & Appurtenances 2003-0005588
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- . . . 'DO~#
'J' 200.3-0005588
7201
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RECORDING REQUESTED BY ) .' JAN 03, 2003 8':22 AM
) . _ lIFFICIAL REmRDS,
CITY OF POWAY ) SAN DIEGO !lIIJKfV RECORDER'S. OFFICE
) GREElJRV J. SHITHj!lllJKfV RECORDER
AND WHEN RECORDED MAIL TO' ) FEES: 0.00
) IE: NA
CITY CLERK ) I
CITY OF POWA Y ) , 1111111111111111111111111111111111111111111111111111111111111111111111
POBOX 789 ) ... 2003-0005588
POWAY, CA 92074 )
)
?t No transfer tax due ) (This space for Recorder's Use)
Tax Parcel No 275-720-38 NO DOCUMENT TRANSFER TAX NO FEE
~(l
O(';.~YJ, GRANT OF EASEMENT
tR (SEWER LINES & APPURTENANCES)
e;orl SE 801-04-261
{
JEFFREY SCHINDLER AND KIMBERLY S. SCHINDLER(hereinafter"GRANTORS")hereby grant
to CITY OF POVvAY (hereinafter "GRANTEE") its successors, or assigns, the following
described easement for a' right70f-way in, upon, over, under and across the lands described
in Exhibit "A" and as depicted in.Exhibit "B," to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline 'orpipelines 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
defermine in its sole discretion'without any additional comperisation 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:
All that portion of Parcel 85 of Record of Survey Map No 4253, filed in the Office
of the County Recorder of San Diego County, being a portion of Lot 4 in Section
30, Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the
City of Poway, County of San Diego, State of California, according to United
States Government Survey thereof as described in deed to Woodruff L. Tuttle and
Dawn H. TClttle, recorded September 9, 1998 as Document No. 1998-0570546 of
Official Records.
GRANTORS, their heirs, successors arid assignsshallnot 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
15tY!-/9 03-003
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. i. 7202 .
'Efpproval of the City of PuvVay as evidenced by\thesigni:ltUre vi the City Engineer on an
approved plan. GRANTORS, their heirs, succe'ssors 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,b,e 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 without any additional compensation.
GRANTORS agree that noother'easement or easements shall be granted on, under, or
oVer this easement without obtaining the prior written conseni 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 GRANTORS
::'.11.'1' or GRANTORS' heirs, successors, or assigns, provided GRANTEE does not expand its
~.$,t> use of the easement beyond the easement boundaries described above.
f.'i"
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i It is also understood and agreed by the parties that the GRANTORS and the GRANTORS'
heirs, successors: or assigns, shall not increase or decrease or permit to be increased or
decreased the existing'ground elev.ations of the above described easement which exists
aUhe 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 ifany arbitration'proceeding, administrative proceeding or litigation in law
orin equity, including an action for declaratory relief, is brought to enforce or interpret the
provisions or performanceofthis easement, 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
, GRANTORS expressly warrant and represent that GRANTORS have the power to grant
, this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement this C-)l
-- _._.,.,~ day of )->p-.f'--~~J > ,20 {7"2-
~d'~.
/'. ERLY S. S LER ~
(Signatures must be notarized
Notary form attached.)
..
CALIEORN,IA A:~L-PURPO,~ CKNOWLEDGMENT 720 "'.,
State 01 e,p.,."-.-\. r<Q17 -"'- ) . '" } ~ OPTIONAL SECTION __
<~ ~ ,\~, ;=r-,o CAPACITYCLAIMED BY SIGNER'
COunty of ~ &taMe does ~ ~~ ~ NoUry to
~'llln the data.below",dotng so' may prove
n\~07 ioWluable to persons rctyirlg on the documef1t.
On before me, p-".;;) 8 ,,-...~\...\1., o INDIVIDUAL
OA NAME,TITI.E OF OFFICER o CORPORATE OFFICER(S)
personally appeared C,
T1TLE{S)
q personaily.known~o me - OR -[6'prove to me on the basis of satisfactory evidence o PARTNER(S) 0 LIMITED
to be the person(8Ywhose name{s1 is/.arll o GENERAL
s,ubscribed to the within instrument and ac- o ATTOR~EYcIN"FACT
l' 'i - -- - - - -- - -- - kn()wledged to me that~hefttf8y executed o TRUSTEE(S)
. _....... I '"" ,om. '" m<""'_' ,oH"'''"" o GUARDIAN/CONSERV A TOR
_"' . ~itil212s62'. capacity~ and that by b-fs/her/.ttl-e-ir o OTHER:
i Nul~,PI*lRc-,earrlilma' -I sigriature(8j'on the instrumerittheperso~,
~ .Mro;.;~~~~ZlD4f or the entity upon behall of which the
_ _ __ __ ,_ _ _' ...;, _ _ _ _ _ .. :pe.rso~cted, executed the Instrument. SIGNER IS REPRESENTING.
WITNESS my hand and oHicial seal. NAME OF PEFI.SON(S} OR ENTITY(IES)
c:7
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE R TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
NUMBER OF PAGES DATE OF DOCUMENT
TIlough the dat<i: requesled here is,no\ required by.law.
'it could prevent fraudulent reattachment of th"is form. SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATION!\L NOTARY ASSOCIATiON' 8236 Remmel Ave P.O. Box 7184. Car'lOga ParK CA g1:W:
---~. ------ ------ --.-..
. '
.':ALlFORNIA ALL.PURPOSE-ACKNOWLEDGMENT No
,=>.'>'0.":__"'-"'-_____--"'-'>,,.:'-.,,"'-"'-"'-,,.:::.:....;.:.--:...,,"-.'>--,.:."---"-----------__'>_'>_:..._"'____<.."'__'>___<.."'__'>,,_______"-___0__.,<"-.2
. CO," 0' ('A"'OO~' }. _""0"''"''''''-
'_:, CAPACITY CLAIMED BY SIGNER
County of ~.J ~.... ~hn Though statlJte dOes:not.require the Notary 10
. fill In the data below 'doing 50 n:ay prove
On \~~\O2- before me, ~~ I;::: M~ ~l.",Pu!SJ( invaluable to persotl5 relying on Ihe document
o INDIVIDUAL
.
, DATE ,N,AME. TITlE OF OFFICER E.d.. JANE DOE,' NOTARY ~U8UC" o CORPORATE'OFFICER(S)
I personally appeared S G~I2-C-'" <;'!J~ ~)..\Rl
~ _ NAM~(Sl OF SIGNER(S)- TITlE(S)
~ersonally known to me. OR - 0 proved to me on the basis of satisfactory evidence o PARTNER(S) 0 LIMITED
to be the persorW* whose nam$) i~~ o GENER,;L
subscribed to the within instrument 'and ac- o ATTORNEY IN.FACT
knowledged to me that he/~ executed o TRUSTEE(S)
tile same III his~ authorized o GUARDIAN/COr'-lSCRlft'TOfl
@ .....- capaclty~ dnd thalDY hls~h-eiT o OTHER
_ _ CommIssIon' 1212562 signatur~n Ihe instrument the personl:*- ---"-
i NOlmy I'ItlIIc - CufII~... I or the enlity upon behalf 01 which the
Sa! DIego aMdr -
MrCa'nn.&pIRa:U3l;ZlD4 personJ>;racted executed the instrument
, SIGNER IS REPRESENTING
.' WITNESS my hond and olllcial seal r.A~.~E OF PEHSO~.(S) on ENTllY(IES~
'"
-.
-- ~------_.-------
I OPTIONAL SECTION
THIS CERTIFICA TE MUST BE An ACHE D TO TITLE OR rir)[= or DOCUMENT
I 1HE DOClll"H:.NT DCSCHIDFU AT nlt;1 U -- "---" ~---- -----_.-.---"~
1 "~-- ---- ---- - t~UI.;\[l,f-f1I,H f' d ~I'-) [)1\Tl~ ()1" [)!)( :UM[':'! I i
) 11>(00)1111". ,j:JI;1 (l;'l,,,~:,l<;<11\.'rl: ':. I"~ ,1''':'l!jil';'llili;)W
I rI,,$)f)Y1 [)f,-.v<:"I_lf;('~ll!I,:rll-I":I!t;,,;I\rT\.,(\I,()(IIH~..I(),,1\ ';lc;rilIW l' III:! ~ Ilu.rJ rJAL11!l ld\(J'iL
~'- - - - ~- - ~ .- ,-'
"
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7204
EXHIBIT "A"
JEFFREY SCHINDLER AND KIMBERLY S. SCHINDLER
LEGAL DESCRIPTION
SEWER EASEMENT
SE 801-04-261
ALL THAT PORTION OF PARCEL 85 OF RECORD OF SURVEY MAP NO 4253, FILED IN THE
OFFICE OF THE' COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF
LOT 4 IN SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO" STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF AS DESCRIBED IN
DEED TO WOODRUFF L, TUTTLE AND DAWN H TUTTLE RECORDED SEP.TEMBER 9, 1998
AS DOCUMENTNO 1998~0570546 OF OFFICIAL RECORDS, BEING A STRIP OF'LAND 20.00
FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING AT THE MOST EASTERLY CORNER OF SAID TUTTLE LAND; THENCE ALONG
THE SOUTHEASTERLY L1NEOF9AID TUTTLE LAND, SOU:fH52~36'45" WEST 61,.78 FEET
TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAI.", SOUTHEASTERLY LINE
ALONG SAID CENTERLINE, NORTH 58050'24" WEST 124.74 FEET; THENCE NORTH
46046'17" WEST 11416 FEET TO THE BEGINNING OF A CURVE C0~CAVE
NORTHEASTERLY HAVING A RADIUS OF 30000 FEET, THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF'.22030'31" A DISTANCE OF 11785
FEET, THENCE ON A NON-TANGENT LINE BEARING, NORTH 6~031'17" WEST 7 39 FEET
TO A POINT ON THE WESTERLY LINE OF SAID TUTTLE LAND, SAID POINT BEARS SOUTH
1005'16" WEST 0.80 FEET FROM THE NORTHWEST CORNER THEREOF
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO
TERMINATE SOUTHEASTERLY WITH SAID SOUTHEASTERLY LINE, WESTERLY WITH
SAID WESTERLY LINE AND NORTHERLY WITH THE NORTH'ERL Y LINE OF SAID TUTTLE
LAND
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
5\,\)LAND S~
~~~J. SA' ~~);
~ . ~ <'..L\,
......., . 0\'
;0'
Exp.12-31-0L. )i
R. No, 6404 ;<- if
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EXHIBIT "B
7205
JEFFREY SCHINDLER and KIMBERLY S", SCHINDLER I
S.66 '31 'lrE. 7.39'
.'N:S.7'40'46"E, 43.97' S.fj6 '31 '17"E 7 .39
N.BT40'46"E. -N-
Nc1 '05 '16"E J
O.BO' 43.97'
LEGEND
\U ':::'1 INDICATES SEWER EASEMENT
w DETAIL ....... . DEDICATED HEREON
:""'
If)
P SCALE 1 "=20 '
-
z
S
ss,
;s-o, PORTION OF PARCEL 84
"''''~
"''''6' R.O.S MAP NO 4253
.s"',
15'
~ EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF SAN
DIEGO GAS AND ELECTRIC COMPANY RECORDED
9/0B/30IN BOOK 1B05 PAGE 414 OF DEEDS
'~ EASEMENT FOR UTILITIES IN FAVOR .OF PACIFIC IRON AND STEEL COMPANY
RECORDED 4/19/56 IN BOOK 6057. 'PAGE 431 OF OFFICIAL RECORDS
@ EASEMENT FOR PRIVATE ROAD AND UTILITIES IN FAVOR OF PACIFIC IRON tf>'~
AND STEEL COMPANY RECORDED 5/16/58' IN, 800K 7085. PAGE 91 OF ,,,,,
OFFICIAL RECORDS. <,'1-
@ EASEMENT FOR ROAD AND UTILITIES IN FAVOR OF JOHN L NORWOOD "'.
RECORDED 11/15/60 AS FILE NO 224307 OF OFFICIAL RECORDS
@ EASEMENT FOR PIPELINES IN FAVOR OF POWAY MUNICIPAL WATER
DISTRICT RECORDED 2/08/79 AS FILE NO 79-059036 OF OFFICIAL ,RECORDS
~ EASEMENT FOR DRIVEWAY IN FAVOR OF JERRY GRAVO CONSTRUCTION, INC
RECORDED 6/01/88 AS FILE NO 88-258591 OF OFFICIAL RECORDS
@ EASEMENT FOR RoAD PURPOSES AS RESERVED ON R.O.S NO 5259,
RECORDED 11/06/59
SEWER EASEMENT PLAT
SE 801-04-261
1"=50' SPEAR S. ASSOCIATES. INC. ~ ~~.
SCALE , 99-141SW
t
10/26/99 'J CIVIL ENGINEERING AND LAND SURVEYING
DATE 1115 E. PENNSYLVANIA AVE. ESCD/>lJIDO. CA 92025
~. TEP 0<. AJS (760) 737c7272 FAX (760) .737~7274 PAGE 1 OF 1
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7206
CER;rIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated December 9, 2002 from Jeffrey Schindler and' Kimberly S Schindler, 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 a-dopted on January 20, 1981 and
the grantee consents to recordation thereof by its duly authorized officer
Dated: December 24, 2002 CITY OF POWAY
Seal: By' tlJ.J2
herrie D Worrell, Depu,ty City Clerk