Grant of Easement Water Lines & Appurtenances 2008-0152244
.........- ,- -
.-, /:, RECORDING 'REQUES~ BY . 'I,
CITY OF POWA Y
THE ORIGINAL OF THIS DOCUMENT
AND WHEN RECORDED MAIL TO WAS RECORDED ON MAR 21 2008
DOCUMENT NUMBER 2008-0152244
GREGORY J, SMITH, COUNTY RECORDER
CITY CLERK SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWA Y TIME, 4:59 PM
POBOX 789
POWA Y-CA 92074
....., 'oj ............,
Tax Parcel No 317-410-27
GRANT OF EASEMENT
~--- -- - - (WATER LINES & APPURTENANCES) - - --
EA 07-01
MARK WAGENSELLER AND KIRSTEN WAGENSELLER (hereinafter "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," and depicted in Exhibit "B," to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all
purposes, at such locations and elevations, upon, along, over and under the right-of-
way'described in Exhibit "An as GRANTEE may now'or hereafter determine in its sole
discretion without any additional compensation therefor, tog-ether 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:
LOT 59 A,CCORDING TO MAP NO 12401 AS RECORDED IN THE COUNTY OF SAN
DIEGO
GRANTOR, its heirs, successors and assigns shall not erector 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.
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
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RECOR~ING REQUEST I BY -- oof! #- 2008-0152244
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CITY OF POWAY 11111111111111111 11111 1111111111111111111111111 11111 1111111111 1/11 "" I
,
F{, AND WHEN RECORDED MAIL TO MAR 21, 2008 4'59 PM
bP OFFICI~L RECORe",
CITY CLERK 11538 ',p.l1 OIEGO CO 1.1 1'iT', F:ECOR['ER'S OFFICE
GREGOR', ,I SMITH COUllI', RECORe'ER
CITY OF POWA Y FEE" 0,00
'2 (OV' POBOX 789 oc. l'lp
OCtJ^ POWAY CA 92074 PAGES: ()
NP 3;'1- 410-1,1 \ '''''"1111111"111"111111111"111111111111111111111111111"111"11111111"/111
Tax Parcel No 317-410-27
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
EA 07-01
MARK WAGENSELLER AND KIRSTEN WAGENSELLER (hereinafter "GRANTOR")
hereby grants to CITY OF POWAY (hereinafter "GRANTEEn), its successors, or
assigns, the following described easement for a right-of-way, in, upon, over, under and
across the lands described in Exhibit nA,n and depicted in Exhibit "B,n to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all
purposes, at such locations and elevations, upon, along, over and under the right-of-
way describecl in Exhibit "An 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:
LOT 59 ACCORDING TO MAP NO 12401 AS RECORDED IN THE COUNTY OF SAN
DIEGO
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 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.
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
()B-{X)~
. .539
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'Tight-of-way, or modify
the size of existing pipelines pr 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, provided GRANTEE does not expand its
use of the easement beyond the easement boundaries described above
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 S0 day
of .Jan t.< ~ ,-v ,20~
I
By' j1f;J 1/11~
MARK WAGENSELLER
By'
M:\engserv\eng forms\Easements\EA 07-01.doc
. ftS40
CALIFORNIA' ALL.PURPOSE ACKNOWLEDGMENT
~~:FC~$:h~~&i&~.ii'iC~no~rfb~~~~~~~~~~~~~
State of California
County of 6wl)f qjO A, WI 'Is 0''1'1
O~~ '5) 2COb' a..
Dale Herelnserl Name and Tille of the Off' er
personally appeared ehsd[e,y and
who proved to me on the basis of satisfactory evidence to
be the person(s) whose,name(s).;s/are subscribed to the
within instrument and acknowledged to me that
hQlsAe/they executed the same in i'li8fIlefItheir authorized
capacity(ies), and that by hi8rAefltheir signature(s) on the
Jfi- :'~~~-l instrument the peison(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I "'~~~:1~ I certify under PENALTY OF PERJURY under the laws
of the State of California, that the foregoing paragraph is
----------- -- true and correct.
Signa1ure nd o1i[!;~
Place Notary Seal Above OPTlONA~ SignatIJre 01 Notary Public
Though the information below is nof:requiredbylaw, it may prove valuabfe,tope.rsons relying on the document
and could prevent fraudulent removal and reattachment of tfJis foim ~o another document.
Description at-Attached Document
Title or Type ot Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - T;tle(s):
o Partner - 0 'Limited 0 General o Partner - 0 Limited 0 General RIGHTTHUMBPAINT
o Attorney in Fact o Attorney in Fact OESIGNER
o Trustee Top of thumb here o Trustee Top of thumb here
D Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~'S;N~~~~~~~~~~~~~~~~~~~~~~~~~~~
<92007 National NOlary Asiclciation. 9350 De Solo Ave.. P.O. Box 2402' Chatsworth, CA 91313-2402. www.NationalNolary.org Item #5907 Reorder: Call Toll-Free 1-800.876-6827
. . .
11541
EXHffiIT 'A'
WATERLINE EASEMENT
A PORTION OF LOT 59 OF POW AY TRACT NO 86,01 UNIT NO 2 IN THE CITY OF
POWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 12401, FILED IN THE OFFICE OF COUNTY OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 15, 1989, DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID,LOT 59, THENCE ALONG
THE SOUTHEASTER LINE OF SAID LOT 59. NORTH 64050'39" EAST, 65 00 FEET,
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH'25"09'21" WEST, 2000 FEET
TO A POINT IN A LINE 20,00 NORTHWESTERLY AND PARALLEL TO THE
SOUTHEASTERL Y LINE OF SAlD LOT 59; THENCE ALONG SAID PARALLEL LINE.
,SOUTH 64"50'39" WEST, 65,00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF
'SAID LOT 59; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 25"09'21" EAST,
20 00 FEET TO THE POINT OF BEGINNING
PREPARED BY
~..:!L- ~ / / ~'I--- t?'J,
WILLIAM Yij , RCE 33730
EXPIRATION DATE, 6/30108
RECEIVED
JAN n 8 2007
CITY OF POWAY
DEVELOPMENT SERVICES
. . 11542
~XHIBIT '8'
WATERLINE EASEMENT PLAT
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LINE DATA,
--------------
N83'57'09nW L 1 N25'09'21 "w 2000'
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30,00 \ L2 N64'50'39nE 6500
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CURVE DATA
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.d#--4-A-1 C1 R=172,OO' DLT=2"04'52" L=6,25'
C2 R=20 00' DLT=61'43'34" L=21 55'
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11543
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated January 5, 2008 from Mark Wagenseller and Kirsten Wagenseller, 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: January 9, 2008 CITY OF POWAY
Seal: BY~~~
L, lane Shea, City Clerk