Grant of Easement Water Lines & Appurtenances 2001-0533847,:,
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RECORplNG REQUESTED BY
CITY OF POWAY
DOC! 2001-0533847
8030
AM
.AND'WHEN RECORlJED MAIL TO'
Ju1 31. 2001 8:33
OFfICIAL REClJROO
SAN D1EGllClllJlffi';RElmDER'S OFFICE
6REGlIRV J. SHITH, ClJ.JHTY RElmIlER
FEES: 0;00
OC: NA
-11111111111111I11111111111 r
(This space 2001,0533847
NO DOCUMENT TRANSFERTAX NO FEE
crr,'Y CLERK
- - ..
CITY qF POWAY
PO BOX 789
POWAY CA 92074
No transfer tax,due
Tax Parcel No 323-480-03
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-414
SHAMROCK PGWAY INVESTORS I, LLC, a California Limited Liability Company,
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"),
itssuccessors"or assigns, the following described easementfor'a right-of-way; in, upon,
over"under and across the lands;described in Exhibit "A," and depicted in Ex~ibit "8," t9
erect, construct, reconstruct r~place, repair, maintain,'C1nd use 'a pipeline or pipelines'for
any and all purposes; together with such fixtures ahd apPLJrtehances, induding, but not
limited to, facilities for poWer 'transmission and communication purposes, at such
locatiorls ahd 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 frortl
the easement by a practical Jouje or routes in, upon, over,. or across the land described
below, togetherwjJh the rightto use this easement, for' access to GRANTEE's rights,of'-
way situated in adjacent lands, without any additionai: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, towit:
THAT PORTION OF LOT 3 OF TRACT 87"13, MAP 13410, UNIT 2, CITY
OF POWAY, RECORDED IN THE COUNTY OF SAN DIEGO APRIL 8,
1997
GRANTOR, its heir, successors and assigns::shall,noterect or construct or permit to be
erected or constructed any building, structlirEl or ifTlprovementor plant any tree or trees
or plant any,other veget)3tion or flora Within said easement without the express written
approval of tlie :City ()f PoWay as evidenced by the' signature of the Director of
Development SeJV.ites. on an approved plan. GRANTOR, its heirs, successors and
assigns shall not dig or drill any hole or wells SJnany portion'of the easement.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the
easement. GRANTEE 'shall also be entitle to trim, cut, or clear away or remove any
trees, brush, or other vegetation or flora from time to time as GRANTEE determines ih
its sole discretion withou\,'any addition compensation,
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I, . 8031 .
GRANTOR agrees that no other easement or easements shall be granted on, under; or
over this easement without obtaining the prior written consent of GRAN TEE,
GRANTEE may a1 any time increase its use of the easement, charlge the location of
pipelines'or6ther facilities within the boundaries of the easement right-of"way" or modify
the size of existing pipelines or oth~r improvements as it may determine in its sole
discretion from time to time without paying any additional compensation to GRANTOR
or GRANTOR's heirs, successors, or assigns, provided GRANTEE doe not exparid 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 atthe,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 grant
this easement in accordance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 22:> ' day
of -:\, )\~ ,20 aL
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SHAMROCK POWAY INVESTORS I, LLC
A California Limited Liability Company)
Denn i se Wo lfe
(Signatures must be notarized
Notary form attached.)
. 8032
C~LI~ORt"'A ALL.PUR'-E ACKNOWLEDGMENT .
State of ('~' bu.-'^- L;"
County of Sa..""f).. 'Tl
On ~ ~~~;)dP I
before me,
Cs.. 0 \Z \) I I'/'L
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Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared [) t3 N IV I Sb
rVI/7CJ-ic/ IE WDLFE
Name(s)of Signer(s)
o personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare 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.
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WITNESS my hand and official seal.
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Signatureo! Notary Public
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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 of Attached Document
Tille or Type of Document: ~(,lln+ c;( E.o..~~Y\eI'\-\-
Document Date: ~(\e.. i 2.. 200\ Number of Pages: z..
Signer(s) Other Than Named Above: ~ :.J \, vo\A
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in,Fact
D Trustee
o Guardian or Conservator
o Other' Top of thumb here
D Individual
D Corporate Officer
Title(s),
D Partner - 0 Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other' Top of thumb here
Signer Is Representing:
Signer Is Representing,
C 1994 National Notary Association. 8236 Remmel Ave., P,Q. Box 7184 . Canoga Park, CA 91309"7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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8033
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Sheetlof2
WATER EASEMENT
WE 801-01-414
EXHIBIT "A"
Being a portion of Lot 3 of Tract 87- I 3, Map 13410, Unit 2, City of Poway, recorded in the County of San
Diego, California, April 8, 1997, more particularly described as follows:
PARCEL I-WATER EASEMENT
An Easement 20 Feet in width, being 10,00 feet measured at right angles, on each side of the following
described line:
Beginning at the most Northwesterly corner of Lot 3, of Tract 87-13, as shown on Map 13410, Unit 2, said
point also being on the Northeasterly Right of Way line of First American Way, being along a 624,50 foot
radius curve, concave Southwesterly, having a radial bearing to said point of N 44020' 00" E, thence
Southerly along the arc of said curve, and said Right of Way, through a delta angle of 5 013' 30", an arc
distance of 56,95 feet to the True Point of Beginning of the centerline herein described, having a radial
bearing to said point ofN 49033' 30" E, thence leaving said Right of Way N 49054' 25" E, 12,10 feet; thence
N 29008' 04" E, 60,09 feet to a point herein set out as Point "A"; thence N 29008' 04" E, 33,53 feet; thence
N 44020' 00" E, 148,61 feet; thence S 87"42' 30" E, 20,5 I feet to a point herein set out as Point "B"; thence
S 87042' 30" E, 15,61 feet; thence S 39045' 00" E, 223 73 feet; thence S 08033' 00" W, 21.30 feet to a point
herein set out as Point "C"; thence S 08033' 00" W, 21.32 feet; thence S 56051' 00" W, 80,07 feet to a point
herein set out as Point "0"; thence S 5605 I' 00" W, 151.91 feet to a point herein set out as Point "E";
thence S 56051' 00" W, 33 76 feet, terminating at a point on the aforementioned Northeasterly Right of Way
line of First American Way, said point being N 30059' 00" W, 48,63 feet of the southerly terminus of that
course shown as N 30059' 00" W, 143,62 feet.
PARCEL 2-WATER EASEMENT
An Easement 10 Feet in width, being 500 feet measured at right angles, on each side of the following
described line:
Beginning at Point "A" as set out in Parcell, thence S 62035' 35" E, 28,00 feet.
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8034
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Sheet2of2
PARCEL 3-WATER EASEMENT
An Easement 10 Feet in width, being 5,00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "B" as set out in Parcell, thence N 02 017' 30" E, 47 42 feet.
PARCEL 4- WATER EASEMENT
An Easement] 0 Feet in width, being 5,00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "C" as set out in Parcel], thence N 8] 027' 00" W, 22.14 feet.
PARCEL 5-WATER EASEMENT
An Easement 10 Feet in width, being 5,00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "D" as set out in Parcel ], thence N 33009' 00" W, 20.50 feet.
PARCEL 6-WATER EASEMENT
An Easement 20 Feet in width, being 10,00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "E" as set out in Parcell, thence S 33009' 00" E, 23,00 feet,
Side lines of said easement to be extended or shortened to meet at angle points,
Easement is more particularly sho"TI in Exhibit "B", attached hereto and by this reference made part hereof.
JJ4J{!
Signature ~
!Z/3( Oz:.
Registration Renews I J
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8035
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CITY OF POWAY
WATER EASEMENT PLAT
EXHIBIT B
SHEET 1 OF 2
LINE TABLE
NUMBER BEARING DISTANCE ~
LI 5 30"59'00' E 48.63 .
1.2 N 49'54'25' E 12,10 '
LJ N 29'08'04' E 60,09 ' 1 POWA Y ROAD
L4 N 62'35'35' W 28,00'
L5 N 29'08'04' E 33,53 '
L6 N 44'20'00' E 148,61' 0
<i
L7 5 8742'30' E 20,51 ' ~ 0
no
L8 N 02"1130' E 47,42 ' ,\
L9 5 8742'30' E 15,61 ' STOWE
LID N 39'45'00' W 223.73 ' >-
;..
LI1 5 01f33'00' W 21.J0 ' Z
-::> ANI ELSON 0 STREET
N 81'27'00' W 22,14 ' '" ~
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5 08"33'00' W 21.J2 ' 0 <
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Ll4 5 5,51'00' W 80,07 ' POWAY P ARKWA Y
Ll5 N 3.f09'00' W 20,50 ' SCRIP?i
Ll6 5 5,51'00' W 151.91 ' KIRKHAM WAY
Ll7 5 3.f09'00' E 23,00 ' VICINITY MAP
LIB 5 5,51'00' W 33.76 '
NO SCALE
CURVE TABLE
NUMBER OELTA ANGLE RADIUS ARC IINGm TANGENT
CI 05'13'30' 624,50 56,95 28,49
C2 14'41'00' 624,50 160,04 51.66
C3 04'35'08" 224,50 17.97 8,99
INDICATES LOT LINE
h"'fttfll INOICATES 20' WATER EASEMENT
LEGEND,
NOTES:
@
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EXST 10' GENERAL UTILITY EASEMENT, PER MAP 13410,
PENOING 5' GENERAL UTILITY EASEMENT,
NOT YET RECORDED,
LEGAL DESCRIPTION:
A PORTION OF LOT 3, PER CITY OF POWAY TRACT MAP 87-13, UNIT 2,
MAP 13410, RECORDED IN THE OFFICE OF THE COUNlY RECOROER,
SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON APRIL 8, 1997
PLAT NO.
WE 801-01-414
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8036
CITY OF POWAY
WATER EASEMENT PLAT
EXHIBIT B
Lot 2.
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24,50'-
Lot 4
66,50'
s 56'51'00" W
341.93 FT
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I N 63'36'08" E (ROd.)
-24,50'
OWNER: SHAMROCK POWAY INVESTORS 1, LLC, 17085 BUT1ERRElD TRAIL, POWAY CA, 91950
APPLICANT: SHAMROCK POWAY INVESTORS 1, LLC, 17085 BUT1ERRElD TRAIL, PQWAY CA. 91950
APN: 323-480-03
IIAP PREPARED BY: lHOIIPSON LANO SURI/E'l'S 2B15 RRE IlOUNTAIN 0R1VE. OCEANSIDE, CA, 92054
IIICHAEL S. lHOIIPSON LS, 7133 PHONE: (760) 721-1M9
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PLAT NO.
WE 801-01-414
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8037
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CERTIFICATE OF ACCEPtANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated June 12, 2001 from Shamrock Poway Investors I, 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,
June 18, 2001
CITY OF POWAY
Seal:
~
Clerk
N:lcitylsharelcertificate of acceptance-city,doc