Grant of Easement Water, Sewer & Drainage Lines & Appurtenances 2002-0021490
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- . DOC.2002--0021490
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, REGORDINc; REQUESTED BY
JAN 10, 2002 8:05 AM
CITY OF POWAY OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO' SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH; COUNTY RECORDER
FEES: 0.00
f(p CITY CLERK DC: NA
CITY OF POWA Y
Lee POBOX 789
l~ POWAY, CA 92074
rtJI.{ No transfer tax due (This space for Recorder's Use)
N APN 275-780-09 & 10 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER, SEWER', and DRAINAGE LINES & APPURTENANCES)
POWAYRHF HOUSING, INC., a California Nonprofit Public Benefit Gorporation (hereinafter
"GRANTOR") hereby grants'to',GITY OF POWAY (hereinafter'''GRANtEE''), its successors,
or'assigns, the following described easement for a right-of~wayin, upon, over, under and
acrOS$ the lands described in Exhibit"'A" and depicted in Exhibit'''B'', to erect, construct,
reconstruct, replace, repair, maintain, and use a pipelineor:pipelines for any and all purposes,
together with such fixtures and 'appurtenances, including bu't not limited to, facilities for power
transmission and communication purposes, at such locations and elevations, upon, along,
over and underthe right-of-way,described below as GRANTEE may now or hereafter
determine in its sole discretion without any additional' compensation therefor, together with the
right ohngress and egress from the easement by a practical mute or routes in, upon, over, or
across the land described below, together with the right to use this easement for access to
GRANirEE'S rights-of~way situated in'adjacent lands, without any addiiional 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 2 OF PARCEL MAP NO 18617 IN THE CITy.oF POWAY, COUNTY OF SAN
DIEGO,..;STATE OF CALIFORNIA, RECORDED INTHE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 27, 2000, AS FILE NO
0708415, OF OFFICIAL RECORDS
Said easefnentcif right~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!o 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 City Engineer on an approved plan,
/~"'f)L/-19 0;;1 -01 i)
'RECORDING REQUESTE.Y ~I6INAL OF THIS DOCUMENT
WAS RECORDED ON JAN 10. 2002
CITY OF POWAY DOCUMENT'NUMBER 2002~0021490
GliI:6ORY,), SMITH., GOlJNTV RECORDER
SAN,DIE60COUNTVIRECORDER'S OFFICE
AND WHEN RECORDED MAIL TO' UME:8:05 AM
CITY CLERK
CITY OF POWAY
POBOX 789 ---,_...". .__"'w.__
POWAY, CA 92074
No transfer tax due QQNEG>R.MEBsC'(;:lI?'S': Use)
'~_..._.'_..D..."x,.'_'_'_'-;"_';""_'__"w._'''"";,,,;:.h,"J",,;:;;:-:.;.;.,;,1
APN 275-780-09 &10 NO DOCUMENTTRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER, SEWER, and bRAINAGE LINES & I\PPURTENI\NCES)
,POWA Y RHF HOUSING, INC.. a California Nonprofit Public Benefit Corporation (hereinafter
"GRANTOR~') hereby grants to,CITY,OF POWAY (hereinafter "GRANTEE"), its successors,
or assigns, the following described easement for a right-of-way iI}, 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,notlimited 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
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 in10e City of Poway, County of San Diego,
State of Califomia, and is more particularly described as follows, to wit:
PARCEL 2\OF PARCEL,MAP NO 186171N THE CITY OF POWAY, COUI\iTY OF SAN
DIEGO, SJATEOF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON'DECEMBER27, 2000, AS FILE NO
0708415, OF OFFICIAL RECORDS
Said easement of right-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 within said easemerit without the express written approval
of the City of Poway as evidenced by the signatUre of the City Engineer on an approved plan
O~ -OJ 0
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GRANTOR, its heirs, successors andassigns~shall r:Jot dig or drill any hole or wells on any
" portion of the easement.
GRANTEE m,w use,all gates,:and fenceswhich, nO~,or later, cross any portion of the
easement. GRANTEE!shail'also be eniitied :to trim, cut~ or clear away or remove any trees,
brush, Qr other vegetation or tiora from'fimeiotihle as GRANTEE determines in its sole
discretion without any additional compensation,
? GRANTOR agrees that no other easement or easements shall be granted on, under, or over
I
this eas~fnent without the prior .written consent of GRANTEE,
GRANTEE, may at anytime 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,pipelin~s or other imp'rovernents as it may determine'in its sole discretion from time to
timewithout paying any addition'al compensation t6 GRANTOR or GRANTOR'S heirs,
successors, or assigns, provided GF5ANTEE does not expand its use of the easement beyond
the easement boundaries described above
It is also understood and agreE;jd by the parties that the GRANTOR and the GRANTOR'S
heirs, successors, or assigns, sh?1I [;lot increase or decrease or permit to be increased or
decreased the existing groundelevatibns.of the above described easement.which exists at the
time this docUment is executed without obtaining the prior Written consent ofthe GRANTEE.
In the eventofany 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 ofthis"easement, the prevailing party shall be entitled to an award of all
attorney's fees and the costsofthe proceeding, which shall bedeterrnined 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 tq day of
1Y'/~ ,2001
POWAY RHF HOUSING, INC ,
a California Nonprofit Public Benefit
Corporation
By' t~~
Ric ard Washington
(Signatures mustbe notarized, Notary form attached)
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:"" . -,g&J!:SZiM&'X:<Z:'~-<X=.c<'.d.c<'.c<'.&.c<'.c<'.c<'.c<'.c<'.c<'.c<'.c<'.c<'.c<'.c<'===l
: State of California } ~, '
, Jd J. ss ~
Countyof.L4'-'V /J1;j J'. 0 ~
On ;iu~ Ir :fOOl , before me, ~ ~u./ ~,'
Dale ~
personally appeared ~
z.J-r:r8r'sonally known to me
o proved to me on .the basis of satisfactory
evidence
to be the perso~ whose name\aJ' isLare
subscribed to the within instrument and
acknowledged to me that hetsfre/!Rey executed
the same in his/bMith1lli' authorized
capacity(,i88J, and that by his/Pef/1heiT
COI LEN J, AD/Jv\S signatureisfon the instrument the person(st,or
~ ~, ""'~"~Ill~ ,." Commissi~n # 12~,~6~ z the entity upon behalf of WhiC, h the personfsJ
," 'i fk.~Z'~ Notary Public - Ca",omlQ ~ acted, executed the instrument.
18 ~ ,('i-J:;f1'~ Los Angeles County . ~
~~~ ~"i~r:..~':m~l~:~~ WITN SS my hand and official seal.
Plar;e Notary Seal Above
OPTIONAL
Though the information below is not required 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 ofAttached~cu m~~ ~ ~ '
Title or Type of go,\'um}'n;: ~ dAf '"
(,{lILt! ~ ' e, '/' ~
Document Date: I~ /1 :LOiJ I Number of Pages: -
Signer(sl Other Than Named Above:
Capacity(ies) Claimed by Signer ~
Signer's Name:
'I D Individual Top ulthumb here
, 0 Corporate Officer - Tille(s):
, 0 Partner - 0 Limited 0 General
i~ 0 Attorney ",n Fact
'~ 0 Trustee
", 0 Guardian or Conservator
,
~ 0 Other ,
@ ~
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@ 1999 National Notary Association. 9350 De Solo Ave" P.O. Box 2402. Chalsworth, CA 91313-2402. lIiWW.natJonalnotary.org Proc. No, 5907 Reorder: Call Toll-Free 1-800-876-6827
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,- EXHiBIT "A"
EASEMENT'
,FOR WATER. 'SEWER. AND, DRAINAGE, LiNES & APPURTENANCES
TCiATPORTION OF PARCEL 2 IN THE CITY,OF'POWAY, COU~TY <;)F.SANDIEGO,STATE OF CALIFORNIA
AS SHOWN ONPAReEL,MAPNO 18617; ON FILE IN THE OFFICE'OF THE COUNTY RECORDER OF SAID
SAN DIEGOCOUN1YDESCRIBEDAS FOLLOWS.
BEGINNINGAT APOINT ON THE NORJH, LINE OF PARCEL 1 OF SND PARCEL MAP, BEING ACOMMON
-.--. ". . --.
LINE WITH SAID PARCEL2, SAID POINT BEINGN90'00'00"E, 0,80 FEET FROM THEWEST LINE OF SAID
PARCEL 2; THENCE CONTINUING N90~00:00"E:29 00 FEET, THENCE NOO'OO'OO"E, 242.33 FEET; THENCE
S90'00'00"E, 12,00 FEET, THENCE NOO'09'00"E, 1 0.00 FEET, TH~I\!CE N~0'00'00"W,12.00 FEET, THEI'!<::E
NOO'OO'OO"E, 30,91 FEET TO THE SOUTH LINE OF A DRAINAGE'EASEMENTAS DEDICATED AND SHOWN,
ON CITY OF POWAY TRACT 84003,,MAPNO 11187 AND AS SHOWN ON SAID PARCEL MAPNO 18617,
THENCE N89'08'12"W ALONG THE SOU;fH LINE OF SAID EASEMENT, 29,00 FEET, THENCE SOO'OO'OO"E,
283,68 FEET TO THE POINT OF BEGINNING
CHARLES D FAVREAU
RC:E. 28489 EXP 03c31'0
. EXHIBIT "B" .
EASEMENT
FOR WATER, SEWER, AND DRJ.\INAGE LINES & APPURTENANCES
11'1M1 NO. 3aS1
N89'08' 12'W N89"07'14"W 96961
45.69 NOO'51'48'E
25,08
-----=N8g0~1?Yf-~---l
153.76 0 I
, T-----------" I DRAINAGE AND WATER LINE
~oO'OO'OO'E 1 I EASEMENT DEDICATED ON
N89'08' 12' W ~~ocrOO'OO'E I I TRACT 84-03 MAP NO 11187
10.00 .
29,00 \ \
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~ CONSUL lING CIVIL ENGINEERS
3434 VIA LIDO, SUITE 250
Newport Bea.ch, CA 92663
TEL. 94'J-675-8030 FAX' 949-675-1823
....
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CERTIFICATE OF ACCEPTANCE
This is to certify that'the interest in real property conveyed by the deed or grant
dated December 19. 2001 from Poway PHF' Housing, Inc" a CaliforniCi Non-
Profit Public Benefit Corporation, 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, 1.981 and the .grantee consents to recordation thereof by its duly
authorized officer
Dated: January 9. 2002 CITY OF POWAY
Seal. BY'~QVu&Q
Lori Anne Peoples, Ci\r Clerk
Sherri e D. Worrell. D puty City Cl erk
N:\city\engserv\01report\cert..of accept. Poway,PHF Housing, Inc..doc