Grant of Easement Water Lines & Appurtenances 2002-0397344
,
>~ ~ DOC'
.:- l~. RECORDING'REQUES BY ) 2002-0397344
\ '
, )
city OF POWAY ) MAY 10, 2002 9:07 AM
)
ANDWHEN RECORDED MAIL TO' )004549 , OFFICIAL REllIlDS
) SAN DIEGO mUHTi'REaJRlJER'S OmCE
CITY CLERK ) GREGORY J. SMITH; L'll\JNTV REaJRlJER
CITY OF POWAY ) FEES: 0;00
POBOX 789 ) DC: NIl
POWAY CA 92074 ) =lllllllllllIllllllillllllllr
)
f( . No transfer tax due ) 2002'0397344
P Tax Parcel No. 314-820-28 NO DOCUMENT TRANSFER TAX NO FEE
.~
/ GRANT OF EASEMENT
~(
cC~j). (WATER LINES & APPURTENANCES)
\c.P" WE 801-04-269
MOHAMMAD KAZAM ZOMORRODIAN (hereinafter "GRANTOR") hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the, following
described easement fgr a riglitcof"way, in,upoh, 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 the rightcof-way described in Exhibit "A" as GRANTEE may
now or hereafter det~rmihe in its sole discretion without any additional compensation,
therefore, togetherwith 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 therefore.
The land encompassing this easement is situated in the County'orSAN DIEGO, State
of-California, and is more particularly described as follows, to wit:
APORTION OF PARCEL 1 TROUGH 4 INCLUSIVE AS SHOWN ON PARCEL MAP NO
18833, IN'THECITY OF POWAY, COUNTY OF SAN DIEGO;,STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 1, 2001
GRANTOR, its heir, succes~ors C!nd assigns shall hot 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 Powayas evidenced by the ~ignature of the Director of
Development Ser:xice,s on, an approved plan, GRANTOR, its heirs, successors and
assigns shall not'dig or driil any hole or wells on any portion of the easement
I GRANTEE may use all gates and fences, which, now or later, cross any portion of the
I 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 cClmpensation.
1~()4-/q OJ. -O~'l
. . 004550
G"RANTOR agrees that no other easement or easements shall be granted on, under, or
over this easement without obtaining the prior writlen 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, 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 tl")at the GRANTOR and the
GRANTOR'S heirs, successor,~,.ar 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
writlen 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 any 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 allatlorney!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 24 day
of ....AP n L ,2002
A
~/~~/L .
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MOHAMMAD'KAZAM ZOMORRODIAN
N:\city\engserv\monte\grant of easement B01-D4-269.doc
. .
CALlFORNIA,ALL.PURP.OSE"AcKNO,WLEDGMENT 004551
State of Qt'. (, ~Ol' )') " c;
County of Jq", h,' '" '7 :J
On A f.J (' , I -.
21f 2 00 L before me, Uul!C(//}n1 :f2 //); ( 'S ,7 Ahi L
I DAre NAME,'TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC.
personally appeared 1M,,0&/'M ""r,j I< C /' ,. u_ ::z. ",,1\4 Yl'cJ,' "'''1 ,
, NAME(S) OF SIGNER(S)
o personally known to me - OR - [2(proved to me on the basis of satisfactory evidence
to be the person(s1- whose name~) is/afe-
subscribed to the within instrument and ac-
knowledged to me that he/sho/they executed
I. . . .A : : . JUU~~NE ; .~I~~ON. . ( the same in his/her/their authorized
capacity(i~), and that by his/her/their
~ ...... (.
.... .t. ~. COMM.1293428 'm signature(sron the instrument the person(s},
ii) ~.."..: ;:. Not.ary Public..california (J)
W ''\', ~ . SAIl DIEGe COUNTY' ::;: or the entity upon behalf of which the
J .. ..,. My Comm. Exp. March 5'~Sf personfst acted, executed the instrument.
. . . . ~ . . . . . . . . . . T . . . . . .
JcA
Though the data below is not required by, law; ~'mayprove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TI1t.E(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY'IN,FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTJTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
. . IQ94SS2ges
EXHIBIT "A" <-;;52-
EASEMENTS FOR PUBLIC WATER AND SEWER PURPOSES
Those portions' of Parcels l,through 4 inclusive, as shown on Parcel Map 18833, Official
Records of San Diego County, California, described,as follows:
PARCEL '~I"
COMMENCING at the centerline of-Spyglass Terrace and Pomerado Road as shown on
said Parcel Map;
THENCE, on the centerline of said Spyglass Terrace, North 89039'42" West, 83 91 Feet;
THENCE, perpendicular to ,said centerline, South 03020' 18~' East, 19.00 Feet to the south
right of way line of said Spyglass Terrace and the TRUE POINT OF BEGINNING,
THENCE, continuing on said line, South 03020'18" East, 2.00 Feet;
THENCE, Parallel with said centerline, South 86039'42" East, II 05 Feet;
THENCE, North 03020' 18"East, 1.93 Feet to the south right of way of said Spyglass
Terrace, said point being on.a,curve concave southwesterlywith a radius of20.00 Feet to
which a radial line bears.North 08003'45" East;
THENCE, on said right of way, North 86036'42"West, 9 41 Feet to the TRUE POINT OF
BEGINNING.
PARCEL "2"
COMMENCING at the centerliheof Spyglass Terrace and Pomerado Road as shown on
said Parcel Map;
THENCE, on the centerline ofsaid$pyglass Terrace, North 89039'42" West, 133,52 feet
to the beginning of a curve concave southeasterly and having a radius of 44,00 feet;
THENCE, continuing on said centerline, southerly on said curve 27.99 feet through a
centralangle,of 36026'51";
THENCE,continuing on said centerline South 56053'27" West, 25.91 feet to the Radius
point of the Cui De Sac of said street, said point hereafter refer to as POINT "A";
THENCE,$outh09058'15" East, 43.00' to the southerly right of way line of said Spyglass
Terrace and the TRUE POINT OF BEGINNING,
01109 W & S LEGAL REV l.doc
. 00455.
Page, 2 of 4 Pages
THENCE, continuing on said line, South 09058' I 5;' East, 2.00 Feet to"thebeginning of a
no.ntangent , ClIrVe concave northerly and having a Radius of45,OO Feet to which a radial
line bears South 09058' 15"East;
THENCE, parallel with the, southerly right of way line of said ,Spyglass Terrace, easterly
on said curve 15 73 Feet thfougha central angle of20001 '47";
THENCE, radial to the southerly right of way line of said Spyglass Terrace, North
30000'OT West, 2.00 Feetto the.'southerly right of way line of said Spyglass Terrace, said
point being on a curve concave,northcrly and having a radius of 43.00 Feet to which a
radial line bears South 30000'02" East;
THENCE, on the southerly right of way line of said SpyglaSs Terrace, westerly on said
curve 15.03 Feet through-mcentralangle of20001 '47" to the TRlJE POINT OF
BEGINNING.
PARCEL "3"
COMMENCING at said POINT "A";
THENCE, South 68041 '25"West, 43.00' to the westerly right of way line of said Spyglass
Terrace, and the TRUKPOINT-OF BEGINNING,
THENCE, continuing on said line, South 68041 '25" West, 3.00 Feet to the beginning of a
nontangent curve concayeeasterly and having a Radius of 46,00 Feet to which a radial line
bears South 68041 '25" West;
THENCE, parallel with the, southerly right of way line of said Spyglass Terrace,
southeasterly on said cUrve i 7:24 Feet througIl a central angle of21 028' 15",
THENCE,.radial to the southerly right of way lineofsaig SpyglassTerrace, North
47013'11" East, 3.00 Feet to the southerly right of way line of said Spyglass Terrace, said
point being on a curve concave'l1ortherly and having a radius of 43.00 Feet to which a
radial line bears South 4 r 13' II" West; .
THENCE, on the westherly right of way .line of said Spyglass Terrace, northerly on said
curve 16,11 Feet through a central angle of21 028'15" to the TRUE POINT OF
BEGINNING.
PARCEL "4"
COMMENCING at said POINT "A";
THENCE; North 33"03'07" West,A3,OO' to the northwesterly right of way line of said
Spyglass Terrace ,and the TRUE POINT OF BEGINNING,
01109 W & S LEGAL REV I.doc
. 004554. Page 3 of 4 Pages
THENCE, continuing on said line, North 33003'01" West, 7.00 Feet to the beginning of a
nontaJ).gent curve concave northerly and having a Radius of 45.00 Feet to which a radial
line bears North 3300J'01"West;
THENCE, parallel with the northwesterly right of way line of said Spyglass Terrace,
southwesterly on said curve 16.38 Feetthrough a central angle of20051 '23",
THENCE, radial to the northeasterly right of way line of said Spyglass Terrace, South
53054'30" East, 2.00 Feet to the southerly rightofway line of said Spyglass Terrace, said
point being on,a curve concave southeasterly and having a radius of 43,00 Feet to which a
radial line bears South 53054'30,'East;
THENCE, on the northeasterly right of way line.of said Spyglass Terra<;e, Northwesterly
on said curve 15.65 Feet through a central angleof20051 '23" to the TRUE POINT OF
BEGINNING
See plat attached hereto andmade:a part hereof.
01109 W & S LEGAL REV l.doc
"B" PAGE 4 qF 4 PAGES
EXHIBIT
N33'03'07"W (R) IF AlRCCIEIL .3 -- 51.00' ---.
2.00' IFM ll1l344
lP20'SI'23"
L"'16.38' '"
R=45.do' N86'39'42"W 133.52' P.O.C.
SPYGLASS TERRACE ~
' "
, '" N86'39'42"W . 83.91'
8 9,41' lP4'43'27' .
.0 . ~
G<V'v ~ 1" L=1.6S
"'I; R=20.00'
08'03"
\>-~8'41'2S"W (R) S03i8~18~ ) ''\ 45'E:(FI) ~
<( 3.00' ".OS' , , 93' ~
586'39'42"E N03'20'18'
PAR CE L 1 ~
~
2.00' ~
3. O' . N30'00'02"W (R)
N4713"'"E (R) '/ \ PM 18833 s:::i 0
200' ~ 0
509'S8"S'E (R) lP20'0,'47" -- 56.00' --
L=1S.73' ~
PARCEL 2 R=4S.00' V1
V1
V1
.
SCALE 1" = 30' ~
~ SURVEYING ! i
~
26608 PIERCE CIRCLE, STE. B ~
MURRIETA, CALIF 92562 VICINITY MAP
(909)698-1830 (909)698-8656 FAX
NTS 01109 W & S.DWG
," . 004556.
CERTIFICATE OF ACCEPTANcE
This is to certify that the interest in real property conveyed by the deed or grant
dated' April 24. 2002 , from Mohammad KEitam Zomorrodian, 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 January20, 1981 and the grantee
consents to recordation thereof by:ifs duly authorized offiGer
Dated May. '6, 2002 CITY OFPOWAY
Seal ~o~~
Lori "nne Peoples, City CI rk