Grant of Easement Water Lines & Appurtenances 2001-0600689
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DOC # 2001-0600689
CiTY OF POWAY
AND WHEN RECORDED MAIL TO'
Aug 23, 2001 8=15
IJfICIAL RECORDS
SAN DIEGO rnuNTYRECORDfR'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
DC: Nfl
AM
No transfer tax dl1e
Tax Parcel No, 317-280-58
, 2001'06006~L,~ ~,..~W ,vi' Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-420
MOXIE PACIFIC PALOMAR, L,L,C , a California Limited Liability Company, (hereinafter
"GRANTOR") hereby grants to the 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 E)<hibit "B," to
erect, construct, reconstruct replace, repair, maintain, and use a pipeline or pipelines for
any and all purposes, tqgE;lther','Jith 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 therefor, together with the right of ingress and egress from
the easement by a practical route or routes in, upon, over, opa'cross 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 in the County of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
THAT PORTION OF LOT 15 OF MAP 12556, POWAY TRACT NO 87-13
UNIT 1, INTHE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE 0FFICE OF THE COUNTY RECORDER
OF $AID COUNTY, AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED MARCH 2, 1993 AS FILE NUMBER 1993-
0129956,
GRAI\!TOR, its heir, 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 easement without the express written
approval of the City of Poway as evidenced by the signature of the Director of
Development Services on an approved plan, GRANTOR, jts heirs, successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
PIUY
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GRANTEE mEW use all::tes and fences, which, now"Qr late!~oss any portion of the
easeme[lt., (3RANTEE shall 91so be entitle t6 trim, cut, or c1.e.arcf'f"ay or remove any
trees, grush, or otner vegetation or flora from tinie to time as GRANTEE determines in
its sole discretion Witl:\out anyadditicin compensation.
GRANl'OR agrees thatno other easement or easements shall be granted on, under, or
overthis easementwithout obtaining the prior written consent of GRANTEE,
GRANTEE may, at any timeiricrease 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,successprs, or assigns, provided GRANTEE doe not expand its
use'of the easement beyond the easement boundaries described above,
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR'S heirs, successors~ or assigns, shall not increase or decrease or permit to
be increase 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,
GRANTOR expressly warrants and represents that GRANTOR has the power to grar:lt
this easement in accordance With its terms,
IN W~SSWHEREOF, the GRANTOR has executed this Easement this
of '-..../Itt;- ,20~
~LLC
A California Limited Liability Company
Treadwell F. Weeks III
?C.--rff
~ day
(Signatures must be notarized,
Notary form attached)
~~~~~~~~~~=~q~~~~~~q~~i
' State of c'tU'ehVi/lltc ,I
'.
County of .5' tl/J.fl / e., 1)'
onJ UIL./ Z;;: 2-0 :1
7 Dale
'f'~1
personally appeared
,-JUffi,tY\ Llle-v 1J'o~lu~kJ
Name iind ntle of OffiCer'(e.g" Jane Doe, Notary Public"'1
F,()Je.&~S TiT
~ Name(s)of Signer(s)
- personally known to me
proved to me on the basis of satisfactory evidence
before me,
I @ cot\!I,~ I
Ii NOTARY PUSUC,cALlFORNlA g
rl SAN DIEGO COUNlY 9
J ' My Commission Expires I
MAY 12, 2004
to be the person(s) whose name(s) is/are subscribed,to the
within instrument and acknowledged to me that,he/she/they
executed the same in his/her/their authorized capacity(ies),
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.
qCUJlAr.l&A _
SignatureD! Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable toperson.s relying on the document,and could prevent
fraudulent removal and reattachment of thfs form to another document.
Description of Attached Document
Title or Type of Document:
Document Date,
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name,
Signer's Name:
o Individual
o Corporate Officer
Title(s)'
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other- Top 0: thumb here
Signer Is Representing:
Signer Is Representing:
10 1996 Nal,onal NolaryAssociation 8236 Rl!mmel Ave,. P.O, Box 7184' Canoga Park. CA 913097184
Prod No, 5907
Reorder Call TolI,f'ree '-800.876-6827
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4221
EXHIBIT "A:"
WE 801-01~420
LEGAL DESCRIPTION
AN EASEMENT FOR W A1'ER LINE PURPOSES 'OVER; UNDER ACROSS AND
ALONG THA:r POR,:rION O.f,LQT 15 OF MAP 12556; POWAY TRACT NO 87~13
UNIT I, IN THE CITY OF POWAY, COUNTY OF SAN DIEGQ, STATE OF
CALIFORNIA, FILED iN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AS DESCRIBED IN CERTIFICATE OF COMPLIAtlCE RECORDED
MARCH 2,1993 AS FILE NUlyfBER 1993-0129956, BEJNG MQRE PARTlCULbBLY
DESCRIBED AS FOLLOWS' AND FURTHER ILLUSTRATED AS EXHIBIT'B'
ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT
COMM,ENCING AT THE NORTHWEST CORNER OF, PARCEL 15 OF SAID
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CERTIFICATE OF COMPLIANCE, THENCE PROCEEDING ALONG iFHE
WESTERl,Y BOUNDARYOjO SAID PARCEL 15, S02019'?8"W A DISTANCE OF
15 03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID WESTERLV.BOUNDARY S02019'58"\\I, A DISTANCE OF 5,94
FEET, THENCE LEAVING SAID WESTERLY BOUNDARY S42040'02"E, A
DISTANCE OF 26,39 FEET; THENCE S020]9'58"W,ADISTANCEOF 322.23 FEET,
THJ;:NCE S87040'02"E, .A QISTANCE OF 252,71 FEET; T1;IENCE N02019'58"E, A
DIST,ANCEOF 363,81 FEET, THENCE S88045'06"\\I, ADI~:rANCE OF 2004,FEE1:;
THENCE S02?19'58"W, A DISTANCE OF 305,56 FEET, THENCE N8.T40~02'iW .A
DISTANCE OF 1142 FEET;THENCE S02019'58"W A.EUSTANCEOF 17,{)O,FEEt;
THENCE N8r40'02"W, A btSTANCE OF 179,03 FEET, THENcE N020I9'58"E, A
, , .
DIST ANCEOF 32,08 FEET, THENCE N87040'02"W, A DI~TANCE OF 10,00 ,FEET;
THENCE' S02019'58"W, A DISTANCE OF 3298 FEET; THENCE N87040'02"W, A
DISTANCE OF 12.26 FEET; THENCE N02019'58"E, A DISTANCE OF 232.36 FEET;
THENCE S87040'02"E, A DISTANCE OF 3040 FEET; THENCE N02"19'58"E, .A
DISTANCEOF 10,00 FEET, THENCE N87040'02"W, A DISTANCE OF 3040 FEET;
THENCE N02019'58"E A DISTANCE OF 68.15 FEET THENCEN42040'02"WA
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DISTANCE OF 24,93 FEET; TH~E]\JCE S88045'00"W, A DISTANCE OF 21 07 FEET
TO THE TRUE POINT OF BEGINNING
IROEPOINTOFBEOINNlNO EXHIBIT 'B'
f,-OANIff:.~ON ~'TRFEL _ HE 80L~t[1-4!O 'f--~,-j\/
~!j8"15'oQ"W 299.59'
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4223
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated, July 25, 2001 from Moxie Pacific Palomar L,L,C , a California
Limited Liability Company, 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, August 21, 2001
B~O~ ,. -8~Dk
L ri Anne Peoples, City Clerk
N:lcitylsharelcertificate of acceptance-city,doc