Grant of Utility Easement for Water Line & Appurtenances 2008-0347282
~_-,r--- 1
?" . - .. 11111111 mlll~lIIlllll~rn~I~~ru ~I~ 1~11i~11i1l1l11 :
RECORDING REQUESTED BY ) JUN 27, 2008 1.22 PM ,
) UFFIClo,L REcom,,;' '
CITYOF POWA Y) ',,0.11 ["EGO '-' IIII'IT, RECOR[,ER", OFFICE
) I~F:EGOR,I ';,hIITH ,"{;um', RECOF:['ER I
AND WHEN RECORDED MAIL TO')~ FEES 0.00
) UC Ito
CITY CLERK )1 PAGES: 7
CITYOFPOWAY ) f'<. \'C-
~gw~~~ 6:99207 4 ~ ~~ f"'\ 11111111111111111111111111111111111111111111111111111111111I11111111111111111111
(This space for Recorder's use only)
APN: 317-280-81
POWAY COSTCO CARWASH
GRANT OF UTILITY EASEMENT
FORWATER LINE & APPURTENANCES
PROJECT NUMBER G1581-07
CASE FILE NUMBER CUP 07-04/ DR 03-13R
(No Documentary Transfer Tax Due)
COSTCO WHOLESALE (hereii;lafter "GRANTOR") hereby grants to 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", gepicted in
Exhibit "8", attached hereto, and made a part hereof, to ,erect, construct, re-construct, 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 ti;1e right to use this easement for access to GRANTEE's rights-
of-way situated in adjacent lands, without any addition compensation therefore.
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described as follows, ,to wi!:
Portion of Parcel 4, as per Parcel Map No.19453, filed in the office of San Diego County
Recorder April1, 2004.
GRANTOR, its heirs, 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 ofthe <::ity Engineer 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.
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 trees,
brush, or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
_ O<6~
. .
Page 2
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.
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 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 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 t- day of
MY ,2008
For Costco Wholesale
By'
Approved as to Form
Office ofthe City Attorney SVP CO N5TJ<.UG/fOJl
Its
~~~ Signatures must be notarized.
Notary form attached.
Lisa Foster, Citv Attornev
~
. .
State of J~IYM6.~ I
I
ss.
>
County of ~CS; I
I
On this hday of <<J. ~ ' 200 g, before me personally appeared
4?-,{ f:I~tl!f~L, to me knownto be the Vice President of Construction of the
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day
and year first above written.
. .............'" "\llllll
~~ ~ '~~R.e-""
. . ~ ~~ "'"""\"\''''l/~ "
- ~"'"..S51O,j1111 . is!.I,,
-- ~~'~~IO'
~ lfJo .+9,~~~...\~J. 2- ~
:.~, C/) ~ ~ ,c. I'!'"~ ::;:.
__......::; I...." ....,1 ....
; . "< ~ i ""
~~ ~I.1' 1 ,~lG' _ - ;;
~ ~~I \10"~:.il~ :;
~, 'Q '1,.,."_ __~ ;t,~' >.-
'I" 4(':"1Q\t\ ',f ;;:-
'r..-itoJ..."" --'Cot,,.-
Illf(:fl8M'~' ,.~"!'
""\,\,\,>",,,
;1
. .
EXHIBIT" A"
PUBLIC WATER LINE EASEMENT
POW A Y COSTCO CARW ASH
LEGAL DESCRIPTION
PAGE 1 OF2
A.P.N.317-280-81
THE LAND DESCRIBED HEREIN IS A PORTION OF PARCEL "A" PER THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 18,2007 AS
DOCUMENT NO 2007-0780000, OF OFFICIAL RECORDS, SAID PARCEL "A"
BEING ALL OF PARCEL I TOGETHER WITH A PORTION OF PARCEL 4 OF THE
CITY OF POW A Y PARCEL MAP NO 19453 FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER APRIL I, 2004, LOCATED IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF PARCEL "A" AND PARCEL 1,
-
SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SCRIPPS
POWAY PARKWAY, 107.00 I'EET WIDE, THENCE ALONG THE EASTERLY
BOUNDARY OF PARCEL "A" AND PARCEL I, SOUTH 00028'26" EAST 666.93
FEET TO AN INTERSECTION WITH THE EXTERIOR SIDELINE OF THAT
CERtAIN PUBLIC WATER LINE EASEMENT DEDICATED PER PARCEL MAP
NO 19453, THENCE ALONG SAID EXTERIOR SIDELINE THE FOLLOWING
COURSES NORTH 9000@0" WEST 29.87 FEET, SOUTH 00000'00" WEST 10949
FEET, SOUTH 45000'00" WEST 22.09 FEET AND NORTH 90'00'00" WEST, 37.30
FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID EXTERIOR
SIDELINE, SOUTH 00000'00" WEST 15.08 FEET, THENCE NORTH 90000'00"
WEST 35 00 FEET, THENCE NORTH 00000'00" EAST 15.08 FEET TO SAID
EXTERIOR SIDELINE, THENCE ALONG SAID EXTERIOR SIDELINE, SOUTH
90000'00" EAST 3500 FEET TOTHE TRUE POINT OF BEGINNING.
CONTAINS 528 SQUARE FEET OR 0.0121 ACRES OF LAND, MORE OR LESS
SUBJECT TO ALL EASEMENTS, COVENANTS AND AGREEMENTS OF
RECORD
AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE
MADE A PART HEREOF
. .
EXHIBIT "A"
PUBLIC WATER LINE EASEMENT
POW A Y COSTCOCARWASH
LEGAL DESCRIPTION
PAGE20F2
A.P.N 317-280-81
~
DATED THIS 2..1-DAYOF /JI.-~ ,2008.
'l/~ ~7 ~
DONALD ROY CURRY, .S 7846
EXP 12/31/08
-- <
i' EXHIBIT ~E1'
PUBUC WA TEfl I,JNE Ed.$EMENT
POWAYCOSTCOCARWASH P E F
- AG 1 a 1
PLAT
A P N 317~280-81
SCRIPPS PO'A1AYP' - ALL BEARINGS AND DISTANCES ARE
rr", :4RKWAY RECORD PER PM 19453
P.o.S
--- -1L-
--- -=--=---===---------') NE CORN[R PARCEL "A" AND
I --------, I PARCEL 1 PM 19453
II
II '"
I I 8 BA PLAT 07-06 INDICATES THE
I I ti CITY OF POWAY ADJUSTMENT
q II"'; a~:;] PLAT PER THAT CERTAIN
\ Y r' EXISTING 20' I co: '" ~ Cl; CERTIFICATE OF COMPLIANCE
0'/ i'~)j WATER EASEMENT I I '" ~!Q - RECORDED DECEMBER 18, 2007
I:?' _{~o;< '" PER PM 19453 I i::' Lu 5': AS DOCUMENT NUMBER
(I ( >--\- .</'1 ~rO I I ~ eJ !l:: 2007-0780000, 0 R
(t. ,C/ h) I """"\,oJ
";'1' ",9J' PARCEL 'A' I I 8l Lu ;;Ii 0.. I
(I( * II '" I ~
(I' SA PLAT07-D6 I ~ ----------- ~
I II . r.P.O.B. / ;>:
I- ~ ..
'Z"" II L7 /,,:> Q
?:l~'" I T-~u~ _____J V :'5
Cj Cl; I' . '--37 30-'--" ,
~!Q- [L..J ~ / /~1 N90'00'OO"W ~
I-Lu;;E i..::J , - LL..J 0
'" ~ II L5 ~
>< f)!!l:: I L ji:
Lu<<lf II II SCALE. 1" = 40' :3
'" II ...-ti'" "
~ ~~ 0
JL_ L___.J L-------t---' ~
--- '--l----------\LI V ~
I ' ~ ~
I -- . "-1 V//~ INDICATES PROPOSED ~
I CQ '? EASEMENT FOR PUBLIC'!!
'" . tC) WATER SERVICE AND ~
(,<>' c ()'\ II u:1 Q) APPURTENANCES ~
<1-'J /\ 0 L) )-, ';.
"'c. '" I - - - ~'" 0
(Jr' , ,Ll, i5
( \0\' I ''9 c '" L1 n.
<( I /\ C)O L\ CI.. CI.. <
c.\-: Y -1/ \ "
() JY 0 J >~ Y n .q:; ./"
I ? j\r 1\\ I\';\\;Y I\DO CQ Vi
I ?\ r ? r' -\,d'/ 32
I c j\ Y ?\;-!\ LINE TABLE '"
2> LINE BEARING DISTANCE ~
"
L1 N90 '00 'oo"w 29.87' :5
~
- L2 SOO'OO'OO"W 109.49'
L3 S45 '00 'oo"w 22.09' "
~
L4 SOO '00 'OO"W 15.08' c;
L5 N90 '00 'oo"w 35.00' ~
o
.... L6 NOO'OO'OO"E 15.08' u
I SCALE. 1 "= 200' L7 S90 '00 'OO"E 35.00' ~
o 50'100' 200' 400' ;;;'
I 'I' I FUSCOE ENGINEERING-SAN DIEGO INC ~
GRAPHIC SCALE 6390 GREENWICH DR STE 170 ;
SAN DIEGO, CA 92122 ~
~
. .
, . ' .
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: May 2, 2008, from Costco Wholesale, 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: t,/23/{)2 CITY OF POWAY
,
Seal: By' S~//~~,'"
Salam Hasenin, City Clerk
M:\engseiv\OOO doc templates\certificate of acceptance-city.doc