Grant of Easement Water Lines & Appurtenances 2002-0184189
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, ; . DOC , 2002.,.0184189
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:REC,0RDING REQUESTED BY
t-. - , C'ITY OF'POWAY MAR, 05,;, 2002 9:46 AM
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AND WHEN RECORDED MAILTO' 00'5,731 llFHCIALRECORDS
CITY CLERK ~;DIEGO'OOUNTV RECORDER'SllFFICE
I~ CITY OF POWAY 6REIilRV J. SMITH, OOUNTV RECORDER
FEES: 0.00
POBOX 789 IIC: NIl
POWAY, CA 92074
No transfer tax due space for Recorders Use)
Tax Parcel No 320-031-01 NO DO~~~~SFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE -861-01-407 .j~:'~~
Lipsett i;'6way Company, LLC, a Washington limited liability company (hereinafter
"GRANTORS"), 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, 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 therefore, 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 iherefore
The land encompassing this easement is situated in the County of SAN DIEGO, State
of,'Ga!ifornia,and~is.more'particularly described as foiiows, to wit:
ALL THAT PORTION OF LOT 2 OF CITY OF POWAY TRACT 86-02 (R) POWAY
CORPORATE CENTER UNITS 2AND 3, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13944, FILED
IN THE OFFICE OF THE COUNTY RECORDER OFSAN DIEGO COUNTY, MARCH 13,
2000.
GRANTORS, their heirs, successors and assigns shall n9t erect Clr 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 ofihe'-City of Poway as evidenced bY.Jhesignature of the Director of
Development Services on an approved plan, GRANTORS, their heirs, successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
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005732
GRANTEE rnayuse, all gates and fences which" now or 'later, cross, any portion ofthe,
easeri1ent. GRANTEE shall also be entitled to trim, cut; or clear away or remove any
tFElesi brustl, or' other vegetation or flora from time to time as GRANTEE determines in
its sole discretion without any additional compensation,
GRANTQRS agree 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 orother 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
or GRANTORS' 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 GRANTORS and the
GRANTORS' 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
GRANTORS expressly warrant and represent that GRANTORS have the power to
grant this easement in accordance with its terms,
IN WITNESSWHEREOF;J;~NTORS has executed this Easement this
:Y'J....rl'1 day of (/(' , ,2001
LipsettPoway Company, LLC
A Washington limited liability company
B~IIt~tAzf~
avene Schae er
Its: Manaqer
(Signatures must be notarized
Notary form attached)
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, cfA,LiFPRNIA, A.i..L.PUR~ACKNOWLEDGMENT ~
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D~ .', ~~mearn.HitleOlofflcer(e.g 'Jane Doe,Notary Public")
personally appeared \.ev'1e-,.' . I
Name(s)of Sig.ner(s)
0PersbnaJly known to me
o proved to ms'onthe'basis ot satisfactory evidence
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'Signature of Notary Pu~lic
OPTIONAL, I
Though the informationbeiow,is:notrequired'by,law, it may prove valuable~topersons~'-relyif!g on'the document and could prevent
fr{1.udufent.refr!ovatand'reattachment of this form-to another document. ,I
Description, of Attached Document 1
.1
Title or Type of Document:,
DocumentDate: Number of Pages:
Signer(s) Other Than Named,Above:
Capacity(ies) Claimed bySigner(s) I
I
'Signer's Name: Signer's Name:
o Individual o Individual
I o 9brporate Qfficer o Corporate Offi,cer . _ ,'1
Title(s) - - - ' . TJtie(s), - - 'I
0' Partner - [] Limited: '[J:General o Partner, -0 Limited b "G'eneral
o Attorney,in.Fact o Attbrn'ey,in,Fact 'I
o Truste'e o 1rustee
o Guardian or Conservator eo Guardian, or Conservator I
o Other- Top oj thumb he-re , o Other- Top of thumb here
Signer Is'Hepresenting: Signer Is Representing:
1
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.01996 Nation-al Notaiy Association' 8236 Remmet AVl;!..FO.Box 7184' Canoga Park, CA 913097184 Prod - No 5907 Reorder: Call TolI:Free 1 800,876-6827:
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005734
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
WE 801-01-407
ALL THAT PORTION OF LOT 2 OF CITY OF POWAY TRACT 86-02(R) POWAY CORPORATE
CENTER UNITS 2 AND 3, IN THE Cl'rv OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO ~AP THEREOF NO 13944, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SANDIEGO COUNTY, MARCH 13, 2000, BEING A STRIP OF LAND
20,00 FEET IN WIDTH L YING.10,QO "'EET ON EACH SlOE OF-AND PA.RALLEL W!TH THE
FOLLOWING DESCRIBED CENTERLINE,
BEGINNING AT THE NOR'fHEAST CORNER OF SAID LOT 2; THENCE ALONG THE
EASTERLY LINE OF SAID LOT 2, SOUTH 47'27'24" WEST 153,39 FEET, THENCE SOUTH
29'40'26" WEST 105.27 FEET, THENCE SOUTH 18'25'59" WEST 27,65 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE ALONG SAID
CENTERLINE, NORTH 87'18'15" WEST 27379 FEET, THENCE NORTH 42'18'15" WEST
20 00 FEET, THENCE NORTH 2'41'45" EAST 13413 FEET, THENCE NORTH 48'06'47"
EAST 27,64 FEET, THENCE NORTH 2'41'45" EAST 43.6TFEEl;, THENCE SOUTH 87'18'15"
EAST 14,00 FEET, THENCE, NORTH 2'41'45" EAST TO A POINT ONTHE NORTHERLY LINE
OF SAID LOT 2 DISTANT THEREON SOUTH 87'18'16" EAST 23.29 FEET FROM THE MOST
NORTHERLY NORTHWEST CORNER OF SAID LOT 2,
EXCEPTING THEREFROM'THAT PORTION LYING WITHIN THE PUBLIC UTILITY EASEMENT
AS SHOWN ON SAID MAP NO 13944
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL LOT LINES, ANGLE POINTS, AND SAID PUBLIC UTILITY EASEMENT
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EXHIBIT "B" 00573'5 PAGE 1 OF 1
,0
LO-r j SCALE 1" = 100' I
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I I S87"18'16"E 440,80' /
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I ''25 431.51 ; J
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I I BOUNDARY DATA
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I ' CD Li=90 "00 '01"
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'I . R=55 ,50 '
I I \i L=87 .18'
I I Cli, o S79"04'52"E 44:50'
, en ~27,65'
Lo-r :l " @ N82 "47'49"E 89.59'
.:> fLI m T,P,O,8
If) "- @ N41 "37 '09"E 5372'
'" ~ @ N25 "38 '16 "E 55,87'
... C\i
" LOT 2
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0 0)
z /f:j EASEMENT DATA
iXiX KJ
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,)9 $J ITl N02 "41'45"E 61.67'
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\0- @] N48 "06 '47 "E 27,64'
\" []] N02"41'45"E 13413'
--- @] S42 "18 '15"E 20,QQ'
2 SS? "1 ~ S87 "18 '15"E 27379'
9 9'
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EASEME:NTS Lo-r J3
~ ,PU8LIC UTILITY EASEMENT PER MAp NO 13944
~20' DRAINAGE EASEMENT PER MAP NO 13944
~WATERLINE EASEMENT DESCRI8ED HEREON K.
(2) EASEMENT TO SAN DIEGO GAS AND ,ELECTRIC CO,
, REC 4/18/2000 AS DOC NO 2000-0197309 O,R
WATERLINE EASEMENT PLAT
WE 801-01-407
SCALE 1" = 100' SPEAR & ASSOCIATES, OC. ~ ~~. 99-341
DATE 8/23/01 CIVIL ENGINEERING Ai'{) LAND SURVEYING I
750 N, CITRACADO PKWY, STE, 2, ESCONlJIOO, CA 92029 OWG NO, 99-341WL
, TEP CK, RJ5 (760) 737-7272 FAX (760) 737-7274
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real prop,erty conveyed by the deed or grant
dated: October 30, 2001 from Harmony Grove Partners, L,P, a
California Limited Partnership, .to the City of,Poway; a'political"corporatiohand/or.
gOverhmerital'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 rec;ordation thereof by its duly
authorized officer
Dated' February 26. 2002 By'
N :Icitylshai,elcertificate of. acceptance-city. doc