Loading...
Grant of Easement Water, Sewer & Drainage Lines & Appurtenances 2002-0021491 . i y'. "~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 " ," " , , ' ~ L;(;; _ -'- ':Q<;.~'Q0~'Q0'Q0'g;.,'g;.,'QV'QV'g;.,'g;~v"x;.'g;v"x;.'<;V'<..A.;.-'<,;.<.)<..;<,;,~~~'C(,'{..X,;C<.;.'Ofv'C<",'C(,'C(,'C<;,'C<;,).'C(,'C<;,"C<.,.'C<.r'C<;,'UV'C<;,).'U'~J @ 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" -l ~ ~.64 )> q .4 .... q.> ~ b 'e- PARCEL 1 .... 0 w ~ l.O b lli 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