Grant of Easement Water, Sewer & Drainage Lines & Appurtenances 2002-0021491
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"~ECO~I)ING REQLJESTE!Y DOC. 200Z-0021491
CITY OF, POWAY JAN 1.0. 2002 8:05 AM
[fFICIAl RECORDS
AND Wf-Ci EN RECORDED MAIL TO' SANDIE60 'COUlHV RECORDER:S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
CITY CLERK FEES: 0.00
t1f CITY OF POWA Y DC: NA
POBOX 789
(qf POWAY, CA 92074
fJOVI/t (This,space for Recorder's Use)
~1\ No transfer tax due
Nv APN 275-780-08 & 11 . NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER, SEWER, and DRAINAGE LINES & APPURTENANCES)
POWAY REDEVELOPMENTAGENCY; apublic bodvcorporateand politic (hereinafter
"GRANTOR") hereby grants 'to CITY OF POWAY (her,einafter "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 butnotlimited to, facilities for power
transmission' and communication purposes, at such locations and elevations, upon, along,
over and under the"right-of-way described below as GRANTEE may now or hereafter
determine in its sole. discretion without any additional compensation therefor, together with the
rightof 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, withOLitanyadditional compensation
therefor
The land encompassing this Elasement is situated in the City of Poway, County of San Diego,
State of California, and is more particuiarly described as follows, to wit
PARCEL 1. OF PARCEL MAP NO 186,17 IN THE CITY OF POWAY,COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, RECORDED, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 27,2000, AS FILE NO
0708415, QF OFFICIAL RECORDS
Said easement'of right-of-way in the aforesaid landis"particularly described as follows,
(SEE ATTACHED EXHIBIT "A"MADE APART HEREOF)
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 easementwithoutthe express written approval
of the City of Poway as evidenced by the signature of the City Engineer on an approved plan
1504-/9 rf)5I-DII
'REC~RDING REQUESTAy r.IGINAl OF THIS DOCUMENT
ECORDEDON,JAN 10, 2002
DOCUMENT NUMBER2002~0021491
CITY 0F POWAY Gl{GQRV J. SlIITH,: COUN1V RECORllER
SAN DIEGO cliUNTv RECORDER'S OFFICE
AND WHEN RECORDED MAIL TO' TIME: 8:05AM
CITY CLERK
CITY OF POWAY
POBOX 789 ------
POWAY, CA 92074
No transfer tax. due CONEORMEDWCOey Jer's Use)
"X".".'''''''''''C'',-''_~_,"~'""'~"!,,,,''.'.'..'..''',,,..~,"""."'A".."..,;......,...;..-...J!;;,..'..'
APN 275-780-08 & 11 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER, SEWER, and DRAINAGE L1NES,& APPURTENANCES)
eOWAY'REDEVELOeMENT 'AGENCY, a public body corb6rateand politic (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors,
or assigns, the following described easementfor a right-of"wayin, upon, over, under and
across the lands described in Exhibit "A" and depicted in Exhibit "8", to erect, construct,
reconstruct, replace, repair, maintain,and use a pipeline qr 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 u'ilderthe right-of-way described below as GRANTEE may now or hereafter
determine in its sole discretioriwithout any additional compensation therefor, together with the
right of ingress a!1cl egress from tbe eas,e.lnent by a practical route or routes in, upon, over, or
across the land described below, together with the rightto use this easement for access to
GRANTEE'S rights-of"way situated in adjacent lands, withol:Jt any additional compensation
therefor
The land encompassing this:easement is situated ,in the City of Po way, County of San Diego,
State of California, and is more particularly described as.follows, to wit:
PARCEL 1 OF PARCEL MAPNO 186171N THE CITY OF POWAY, C0UNTYOFSAN
DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEG0 COUNTY ON DECEMBER 27,2000, AS FILE NO
0708415, OF OFFICIAL RECORDS
Said easement ofright-of-way in the aforesaid land is.particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
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 withiri said easement,withoutthe express written approval
of the City of Po way as evidenced by the signature of the City Engineer on an approved plan,
O;;l-DiI
. . .
.
REQUEST TO RECORD DOCUMENTS, WITH COUNTY RECORDER
Requested By: oN'Tl1 i iJ/,J&M b-;a 1/J6c?t/I^J
(Name Department Extension No. *-11
..:z p= U H C"7V'-rs
z;:&Oat ..rc-rJ<./t ~(j)~#~UAa'-':: ---
Type of Document C-~cT h c;=;v T
( .
If a document is to be recorded against a piece of property, that person is
mailed a copy. Please provide the following infonnation:
Name: to ~Cv*! ~1!;:-,Af~'Nc;, /.fA-': .
Address: cj'/! V. (;un':=r')4-r-41. RD
LDAJ~ f~~, C4.. yoflS-
p POtV/1-!f ~~E6c/6 t..Dj//LtOVT /[c3t..tr
If the infonnation listed below is not on the front page of the document, please
provide. ;l7~. 780, & ~ / r
Parcel No. :J7S'- 7fD _ q ~r (0
Related Case No. (TTM, TPM, CUP, DR, Grading
Permit No., etc.)
Location of Property: G,4--r 64./ 4---(
(if possible)
Check appropriate boxes:
Notary certificate attached ~ Yes 0 Not needed
Acceptance stamp ~ Yes 0 Not needed
Acceptance stamp must be on
all Easements and Grant Deeds
Check attached 0 Yes ~ot needed
If it is of benefit to the City, a check is not needed. If it is not of
benefit, a check made payable to the County Recorder must be included. The
fee i's $7.00 for the first page, $3.00'for each page thereafter. Notary
certificates qual ify as 1 page. (If the certificate can be placed over a
blank section, it does not count as an extra page.)
All recorded documents are mailed to the County Recorder from the City Clerk's
Office. If document is to be picked up by a Title Company, before telling them
when they can pick it up, check with the Clerk's Office.
Title Company: Phone:
--
Contact Person: Pick-up Time:
-
ML/8/Formll ~
.
,
"'GRA~T'OR! its,heirs"succe!rs and assigns shall 'nat dig ar dril!y hale ar wells an any
partian.d'the', easement.
GRANTEE may use all gates and fences which, naw, ar late~, crass anypartian af the
e?semeot. GRf-t:\JTEE ,~han,ajsa De entitled to trim".,cut, ;clr'c1ear.away arremave any trees,
briJ~hiloi6ther'iiElgetatiah arflara from time t6'time,as GRANTEE,determines in its sale
discretion withoUt any additianal campensatiorL
GRANTOR agrees that no. othereaserilent ar easements shall be granted an, under, ar aver
this easement withaUHhe prior written can sent af GRANTEE,
GRANTEE, may at anytime increase, its use afthe easem,~nt, thangethe lacation-af pipelines
or ather facilities within the baundaries af the easement rightcaf-,way, ar madifythe size af
existing pipelines ar ather'improvements as it may determine in its,sole discretianfram time to.
time withaut paying,anyadditianal,compensation to. GRANTOR or GRANTOR!S' heirs,
successars', ar,assigns, provided GRANTEE daes nat expand its use af the easement beyand
the easement baundaries described above
It is also. understqad and agreed 'by the parties that the GRANTOR and the GRANTOR'S
heirs, successors, ar assigns, shall not increase or decrease ar permit to. be, increased ar
decreased the existing.ground elevatiansaf the abavedescribed easement which exists at the
time this dacument is executed withaut'abtaining the priarwritten cansent af the GRANTEE,
In the event of any dispute involving this,Agreement, whether'ornatlitigatian is cammenced,
ar if any:arbitration proceeding, administrative proceeding orlitigatian in law ar in. equity,
including an actian far declaratory relief, is brought to. enforce. arinterpret the pravisians ar
perfarmance afthis easement, the prevailing party shall be entitled to. an award of all
,attarney's,fees and the casts afthe,praceeding, which shall be,determined by the caurt or the
presiding afficer havingauthafity ta'make this determinatian,
GRANTOR expressly.warrant~and represents that GRANTOR has the pawer to. grantthis
easement in accordance vJith its terms,
I~NESS WHEREOF, the GRANTOR has executed this easement this Jq+L day af
,,' em her , 2001
POWAYREDEVELOPMENT AGENCY,
a public,bady'carporate and palitic
By'
(Signatures must be natarized, Natary farm attached)
,
,
. .
CALIFORNiA ALL~PlJRPOSE 'ACKNOWLEDGMENT
r~__m- '"
I State of California }
. St D'~c) ss,
, County of 1) I
On ~-", 1~:I'~OO J ,before me, S\W'j~';'~~II,~~~%~J,J1!~~CY&~!'C
personally appeared ~lY\eb 1-. &werwi
Name(s)ofSlgner(s)
~personally known to me
J- - - -~'%----~ D proved to me on the basi;" of s,atisfactory
evidence
. SHEKRIE D. WOR~Sl.1
fit Commission # 1223093 z to be the .person(s) whose
, ~, Notay Public, C(]litOOlio ~ name(s) is/are
, 1 San Diego Coun1y 1 subscribed to the within instrument and
,
MyComm:[oq':liesJun:Jl.2!Xl3 acknowledged ,to me that he/she/they executed
------------ the same t-# in his/her/their authorized
,
, ca pacity(ies i~ 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.
WITNESS my hand and official seal.
JAVUl ~
Place Notary Seal Above SigrialureofNotary Public
1,1
OPTIONAL
Though the information below is notrequired by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Do~t , eq,/J/)~
Title or Type of Document: ~
Document Date: ,.;II jq /0/ Number of Pages.
,
. ,
Signer(s) Other Than Named Above: ~ . .
:'"')-
Capacity(ies) Claimed by Signer 't""" \. t::,~ ~
. ..; '''it
Signer's Name: .. <,
o Individual .
Top of thumb here
o Corporate Officer ~ Title(s).
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing.
I
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@ 1m National Notary Associallon' 9350 De Solo Ave" P.O. E!ox 2402' ChalSWOrlh, CII 91313..2402 . www.nalionalnotaryorg Prod,No5907 Reorder: Call Toll Free 18008766827
. E:,XHIBn: '~A" .
EASEMENT
FOR WATER: 'SEINER;ANDDRAINAGE'l:INES,& APPURTENANCES
THAT.PORTION OF PARCEL 1 IN THE CtTY OF POWAY, COUNTY9FSAN DIEGO, STATE OFCALlFORNIA
AS SHOWN ON PARCEL MAP NO 1861TONFILE IN THE OFFICE OF THE COUNTY RECORDEROF SAID
SAN DIEGO COUNTY DESCRIBED AS FOLLOWS.
BEGINNING AT APOINT ON THE NORTH LINE OF AN EASEMENT AS SHOWN ON SAID MAP AS "AN
".- ~ ..,., -- ". - ,- - -. - -
EASEMENT FOR PUBUC ACCESS AND GENERAL UTILITY PURPOSES" "SAID POINT BEING N88010'00"E
12,02 FEET FROM THE WEST L1NE;OF SAID PARCEL MAP; THENCE CONTINUING N88010'00"E 12.98,FEET
TO THEBEGIt;l~ING,OF A TANGENT CURVE CONCAVE SOUTRERLY AND HAVING A RADIUS OF 1029.00
FEET, THENCE EAS'[ERL Y ALONG;SAID CURVE THROUGH A CENTRAL ANGLE OF 02006'27" AN ARC
DISTANCE OF 37:85 FEET TO A POINTTOWHICH A RADIAL BEARS NOoo16'27"E, THENCE NOooOO'OO"E
16:62 FEET, T:HENCE N43046'42"W31.53 FEET, THENCE NOooOO'00"E233.84 FEET, THENCE S90000'00"E
1200 FEET, THENCE NOooOO'OO"E 1 0,'66 FEE,T, THENCE N90000'00'W 12,00 FEET, THENCE NOooOO'OO"E
1.52FEET TOAPOINJ ON THE NORTH LINE OF SAID PARCEL 1, THENCE S90000'00"W 29.00 FEET TO A
POINT ON A LINE THAT IS PARALLEL WITH AND 0,80 FEET EASTERLY OF THE WEST LINE OF SAID
PARCEL 1, THENCE SOooOO'00'W285c67 F,EET TO THE POINT OF BEGINNING
.~
CHARLES D FAV
R.C.E.28489 EXP 03'31',02
.
. EXHIBIT "'B"
· EASEMENT ·
FOR WATER, SEWER, AND, DRAINA~E LINES & APPURTENANCES
-nlA1~1 NO. 3SS1
N89'08' 12'WN89'07'14"W 969,61
45.69 NOO~51'48'E
25,08
------Noorofflrw--to---j
1"'53:'76 - 0 J
_______________~ I DRAINAGE AND WATER LINE
l ' EASEMENT DEDICATED ON
I I TRACT 84-03 MAP NO. 11187
, \
I \ \
\ '
\ " ..........
SCALE 1'''''100' \ ............. ------------
,
"
........-------------
~
:::: NB9"2S'47'W
55.06
~ PARCEL 2
w Z
'u. ~ ~ ~
b "'" ~ ~l.O --'-\>0
S''' ,of> & "", f' '"
~ ~ .cOC'!o g:8 c3g:
~;',j ~O~'1-J.Q~(\ ~ ~ N89"37' 11'W
-- LO ... ~9'" 26.71
~ N90'OO'DO"
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~ ~.64
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q .4
....
q.> ~ b 'e- PARCEL 1
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b t(l 0 IX)
Cd. ~ b c:">.I
" 0
. Z w
0. b
is g I::J EASEMENT FOR PUBLIC i'i
w g N ACCCESS AND GENERAL ::; :::
~ ~ UTILITY PURPOSES AS ~ "
>- DEDICATED TO THE CITY rn :il
~ 0.8 OF POWAY BY P,M. 18617 '"
N43'46'42'W N89"2S'47'W
31.53 7.84
p,O.B, ~ _
A..,e....OO l;;-'
, . <("1>""\55' J~.g~"
/ ".~,..'"
N89"Ol'OO'W w
- - - - ---::- -12D.03 --+-- b
1m' 100
GATEWAY PARK ROAD N N89'Ol'DO'W 188,32 ~~
N8B'1Q'OQ"E ;.... g /
25:00 N Z ./
--------,--
11
~ CD R=1029 00 aJR=1029.00
m L=50,59 L= 12.74
~ 6=Z49'CY 6=0'42'33'
10 CbR=1029.00 @ N88'lO'OCYE
;;C L=37.85 12.98
o 6=Z&27
~
. , . .
CERTIFICATE OF ACCEP'fANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: December 19, 2001 from Poway RedeVelopment Agency, a Public Body
Corporate and Politic, 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, 2002 CITY OF POWAY
Seal: B~~
Lori Anne Peoples, City Clerk
Sherrie D. Worrell, Deputy City Clerk
N:\city\engserv\01 report\cert.of accept. Poway PHF Housing, InC..doc