Grant of Utility Easement for Water Line & Appurtenances 2008-0295479
r
.. Dce# 2008-0295479
I .
11111111111111111 11111111111111111111111111111111111111111111111111111
, Fio JUN 02, 2008 3-18 PM
Wp
RECORDING REQUESTED BY OFFICI.I.:..L RECDR[I';
lNf ',oil [i1ECiO COUI'II', FrECORE'ER"" OFFICE
1~1HEflUR'1 ,I ':I~",jITH CClUrH'1 REDJR[IEF:
CITY OF POWA Y ) OC/lA.- FEES I}OCl
) DC r',~ ,CJ
AND WHEN RECORDED MAIL TO') [ton PAGES: 6
)
CITY CLERK ) IUOOOOI~OOOOOOOOOOOOOOOOOOml
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
(This space for Recorder's use only)
APN 317-810-15
D & D CONCRETE
GRANT OF UTILITY EASEMENT
FOR WATER LINE & APPURTENANCES
EA 06-506
(No Documentary Transfer Tax Due)
Dos Canucks, LLC (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter
"GRANTEE"), its successors or assigns, the following described easement for a right-of-way,
I in, upon, over, under and across the lands described in Exhibit "A", depicted in Exhibit "8",
attached hereto and made a part hereof, to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtwes - - -
and app.urtenances, 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 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 wit:
Lot 38 of Map No 12556
City of Poway Tract Map 87-13, U1
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 offlora within said easement without the express written approval of
the City of Poway as evidenced by the signature of the City 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.
I
Q3-O{D
i . .
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 iil 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 notihcrease 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.
SS WHEREOF, the GRANTOR has executed this Easeme this J \-tn day of
,2008 Dos Canucks,
By'
Its Ai~A6;;V~M tJ~B tJR
(Signatures must be notarized.
Notary form attached.)
Approved as to Form
Office of the City Attorney
J
aMCl~
Lisa Foster, City Attorney
M:\engserv\OOO doc templates\grant easement water. sewer. doc
. . .
CALIFORNIA . ALL-PURPOSE ACKNOWLEDGMENT .
~M';,:'.-o.A':-":~"'::" -'~~'~"7~ -t=' -:tli._,~~~=^=~~ -:~.~.:.-::.--:....~-~- -"J>~~ -,-,~
State of California }
County of Son t2Je.gD
On 1/11 L,e: B before me, (Qlken E*lkktJ~o-\zJ ~11b/ Ie
- Here InsertNa ~ TiUe of lhe Officer '
personally appeared ~ d s-tDughtcYI
' Narna(s) ot Signer(sl
who proved to me on the basis of satisfactory evidence.to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to methaf
he/she/they executed.the same in his/her/theirauthorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
!@J-wr';""irr;lL.HANEY I I certify under PENALTY .oF PERJURY under the laws
:2 ,_' '~ COMM. # 1704997 Z of the State of California that the foregoing paragraph is
~ i~. NOTARY PUBlIC'- CAlIFORNIA~ true and correct.
~ SMl DIEGO COUNTY
. '"',"'.My ComITi..ExD)res Nov: 13, ~q.19J WITNESS my
~~oIf"';_1"-"""""'"
Place Notary Seal Above. Signature
OPTIONAL
Though the information below i~ notreqf!/re~~y law,!! may prove vafuaple,tiJ persons refying 0 'dooument
and could prevent friwdulent.reinovaland reattachment of this form to another document.
Description of Attached Document GKo.n+--ik U-hlrty ~
-Title or Type of Document: b .-+-b . toncr-f'_-k...
Document Dale: 4 III ] D?-' Nymber of Pages:
. ,
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
O'lndividual . Olridividual
o Corporate'Offjcer~Tltle(s): o Corporate Officer.- Title(s):
~rtner - O:Umited p General D'Pariner - OUmlted 0 General .flIGHT THUMBPRINT
o A orney in Fact O:Attorney.in Fact OF SIGNER
o Trustee o Trustee Top oflhumb here
o Guardian or Conservator o Guardian or Conservator
o Other' OOthElr'
Signer Is Representing: Signer Is Representing:
!;!.: ... _: _.. ~7::.af ~"",~::":':R.::':::_ _= ~,...,.~ ~
C2007 National NotarY AssoClallon 0 9350 De'Sota Ave., P.O. 60;(- 2402 oChatsWoi1h. CA 91313-2402:; WWW.Nallor..llNolary.org l!em 115!'KJ7 Reorder. Ca"ToI-Free 1-8()().876-6827
. . I
EXHIBIT "A" 6", 06.6~
LEGAL OESCRIPTlON
/fPN <317-810-/5
AN EASEMENT FOR WATERLINE PURPOSES OVER, UNDER, ACROSS AND ALONG A PORTION OF LOT
38, AS SHOWN ON MAP NO. /2556, CITY OF POWAY TRACT 87-/3 UNIT /, RECORDED
I FEBRUARY 8, /990, AS FILE NO 90-072257 IN THE COUNTY OF SAN DIEGO, SlATE OF
, CALIFORNIA, SAID EASEMENT BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS AND FURTHER
I ILLUSTRATED AS EXHIBIT '8' ATTACHED HERETO AND M4DE A PART OF THIS DOCUMENT'
I
COMMENCING A T THE NOR THWES TERL Y CORNER OF SAID LOT 38. SAID POINT ALSO BEING ON
,
I THE SOUTHERLY 245 FEU RIGHT'-OF-WAY OF BLAISDELL PLACE AS SHOWN ON SAID MAP
/2556, THENCE SOUTH ALONG THE WE$TERL Y LINE OF SAID LOT 38 SOUTH 4'52'00" EAST, A
DISTANCE OF /000 FEU TO THE mt/E POINT OF BE6rNNINI;; THENCE CONTINUING ALONG SAID
WESTERLY LINE SOUTH 4'52'00" EAST, A DISTANCE OF 4839 FEET; THENCE LEAVING SAID
WESTERLY LINE NORTH 85'55'//" EAST, A DISTANCE OF 824 FEET,' THENCE SOUTH 4'47'04"
EAST, A DISTANCE OF 97.32 FEET,' THENCE SOUTH 49'04'49" EAST, A DISTANCE OF 3260 FEU;
, THENCE NORTH 8673'42" EAST, A DISTANCE OF 14049 FEU; THENCE NORTH 3"45'/8" WEST, A
I DISTANCE OF 2000 FEU; THENCE SOUTH 8673'42" WEST, A DISTANCE OF /3225 FEET;
THENCE NORTH 49'04'49" WEST; A DISTANCE OF /6.24 FEET; THENCE NORTH 4'47'04" WEST, A
DISTANCEOF /2245 FEU; THENCENORTH 40"44'48" EAST, A DISTANCE OF 2/.26 FEU TO A I
NON-TANGENT 245550 FOOT RADIUS CURVE; CONCAVE SOUTHERLY, A RADIAL TO SAID POINT
! BEARS NORTH.3'5/'22" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL I
ANGLE OF !VO'J8~ AN ARC DISlANCE OF 43.49 FEU TO THE TRUE POINT OF BEGINNING. I
I
SAID PORT/ON OF LAND CONTAINING 656509 SQUARE FEU
,
,
I
,
,
I
I
I
,
I
I
--
I
, I
,
I
I
,
I
I
. . .
EXHIBIT "B" APN~17:.81().1-'
WATER EASEMENT ell 06_506
\OfO
1~"J ~~ J coac, 1~"J ~i I
L-
""
:"'- ... BLAISDElL STREET
~
-~ f - - -
- -
P. O. C. !ljJ:X-2U'!~'f!.jE) ""
:"'-
-, .~ N88 '26 '00 ''E
\
\ . C1 5071 '
....
C2 \ ".
,_ - - - T EX/SnNC 10' H7IJE CUE SCAle !'~40'
~~% ,,~ ____________~~~~~~~~~~~~~~~~ 12556
iii, 1<J_3!!A_R~U;__!IACTH
0~ ~ CI 03' , " ------
L1 ~ . 1800 247550" 14258'
;y~ BJ C2 01'00'38" 2465.50' 43 49' 1~"J ~~
~ ~~ ~ ---------~~~~-~~~~~--------- ~
%i "'~ ~ ~~_____~~~~~~~_______~~~CTH ~
~ .~~:: u N85'55'U''E 8-2~-'
'" ~% .s::, L2 N49'04'49'';f , ,~
1~"J ~1 "" "-~ ~ L3 N03'4fj'18"/f ~~ ~~, ?i
,;:0-% L4 N49'04'49"/f ' ~
"'....% L5 " 16 24 ~
:::s .~ N40 44 48''E 2126' SOl
~ ;~ <..- 1~"J ~~ ~
~ :~. N86'1J'42''E J3226'
;~~~
N86'1J '42''E 140 49'
~~~ .~~.~~..~ ,
-
N84'19'OO''E 17096'
t
EXCEl. ENti/NEER1Nli
440 STATE PLACE
3-Z7-'Zt\L\'6 ESCONDf/JO, CA.9c0i>9
PIflJNE (760) 745-8118
L. s. 689 DATE ~ I
0 40 80
. . ~
, . ' -
,
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated April 11, 2008, from Dos Canucks, LLC, 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 r:j / I ) 0 ~ CITY OF POWAY
I I
Seal: BY') ~ )--J~,.;o,
Salam Hasenin, City Clerk