Grant of Easement Water Line & Appurtenances 2001-0365808
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- DOC ,~ '2001-0365808
CITY OF POWAY
AND Wf1ENRECORDEDMAIL TO,
Jun 05, 2001 8:22
OFFICIAL RIDlRDS
SI1N DIEGO COlJHTV RECORDER'S OFFICE
GREGORY J. SMITH. aJUNTVRECORDER
FEES: 0.00
, 1IIIIIIIIIIi,ll(
2001-0365808 0)
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NO DOCUMENT TRANSFER TAX NO FEE
AM
CITYCLERK
CITY OF POWAY
. '
POBOX 789
POWAY CA 92074
No transfer tax due
Tax Parcel No 317-281-13&14
GRANT OF EASEMENT
(WATER: LINES & APPURTENANCES)
WE 801-01-373
POMERADO LEASING No 8 L.P., a California Limited ,Liability Company, (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY (herei[lafter "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 Exhibir''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 not
limited to, facilities for power transmission and comm'unjcation purposes, at such
locations and elevations, upon, '<lIang, over and und~rthe right-of~way described in
Exhibit "A" as GRANTEE rnay now or hereafter determine in its sole discretion without
any qdditional co.mpensation 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,righfto use this easement,for access to GRANTEE's rights-of-
way situated in adjacent lands, without any additional compensation therefor
The land encompassing this ea~ementis situated in!he.CoiJnty, of SAN DIEGO, State
of California, ana is more partic:ularly-described .as foliOws, to wit:
THAT PORTION0F LOT 97 AND THE EASTERlY261.98 FEET OF LOT
96 Of; CITY OF POWAY TRACT 85~04, UNIT 2, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE GF CALIFORNIA,
ACCORDINGT0MAPTHEREOF NO 12572, FILED INTHE OFFICE OF
HiE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1990
GRANTOR, its ,heir, successors and assigns shall noterect 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 ease,ment without the express written
approval of the City of Poway as evidenced. by t~e ::;ignature of the Director of
Development Services oh an approved plan. GRANTOR, its heirs, successors and
assigns shall not dig or drill any hole or wells on. any portion of the easement.
1~4-lq
01-01(0
. . . 4849
GRANTEE may use all gates and f~nge'~, w~ich,now'or late~ross .any portion of the
easement. :GRANTEE shall also be entitle to trim, .cut, or clear away or remove any
tr,ees, brush, or other vegetation or flora from..time'to time as GRANTEE determines in
its sole, discretion without any addition compensation.
GRANiTOR agrees that no other easement oreas~mentsshall:begra,nted on, under, or
over this easement without obtaininglhe'prior writtenconseht of GRANTEE.
GRANTEE may at ariy time increase its use ohhe easement, change the location of
pipelines or'other facilities Withlh'the boundaries'ofthe easement right-of-way, or modify
the size 6fexisting pipelines or other improvements as it'may determine, in. its sole
discretioh from'time to time without paying any additional compensation to GRANTOR
or GRANTGR:s heirs: successors, or assigns, provided GRANTEE doe hot expand its
useofthe easement beyohdtheeasement bouhda~ies described above
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR~S heirs, successors, ,or assigns, shall notincrease.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 execCltedwithout obtaining the prior
wTitten consent cif 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 perfqrri1ance of this easement, the, prevailing party shall be
entitled to an award of allattoYri.ey:s.fees, andtlie,costsof 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 8o~ day
of \~ ,20~
If\JG NO 8 L:.P
imited'Liability Company)
C, Hamann;
(Signatures must be notarized,
Notary form attached.)
CAL~~~~~J~ill<'~~~~0r.~~=-~~<Y."
Cl - 'I
State of ~
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5/00\1)\
Dale
personally appeared ::Je.W~ C
County of
On
before'me, L 6. ~lc.kll-VeU.o--...
Name and Tilfe of Officer (e.g.,
~~~
~ f>\.<.I..\...<-.
Jane Doe, Notary Public")
Name(sj of Signer(s)
C.ypersonally known to me
o proved to me on the basis of satisfactory evidence
to be the person(g) whose name(g) is/are-Subscribed tothe
within instrument and acknowledged to me that he/&ftefttTey
executed the same in hislRerlttreir authorized capacity(ie6),
and that by his/Rerftlwir signaturefs) on the instrument the
personf&L or the entity upon behalf of which the person(&)
acted, executed the instrument.
L. E. RICHARDSON ~
COMM:,,'1276143 'G)
NOTARY PUIIUCoCALlFORNIAO
, SAN DIEGO COUNTY ..
COMM, EXP, SEPT. 23. 2004
WITNESS my hand and official seal.
Signature 01 Notary PubliC
OPTIONAL
Though the information below is not required by,law, it may prove valuable to persons relYing on the document and could prevent
fraudulentiemoval and reattachment of this 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-incFact
o Trustee
o Guardian or Conservator
o Other" Top of thumb here
Signer Is Representing:
Signer Is Representing:
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Prod. No. 5907
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EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
WE 801-01-373
ALL THAT PORTION OF LOT 97 AND THE EASTERLY 261.98 FEET OF LOT 96 OF CITY OF
POWAY TRACT 85'04, U'NI"f'2, IN THE CITY OF POWAY,COUNTY OF SAN DIEGO STATE
-. - ., . .~ . '
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12572, FILED IN THE OFFICE OF
THE COUNTY'RECORDER;0F SAN DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO 90-
107515, BEING' A STRIP OF LAND 20.00 FEET IN WIDTH LY:ING 10.00 FEET ON EACH SIDE
OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CEN;rERLlNES:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 97 SAID POINT BEING
ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF. 247550 FEET TO WHICH A
RADIAL LINE BEARS SOUTH 8'10'59" WEST, SAID POIN:r BEING DISTANT THEREON
18472 FEETTHROUGH A CENTRAL ANGLE OF 4'16'31" FROMTHE.SOUTHEAST CORNER
THEREOF, THENCE LEAViNG'SAIDSOUTHERL Y L1NEALONGSAID CENTERLINE, NORTH
5'57'47" EAST 54.91 FEET, THENCE SOUTH 83'13'04" EAST 119.50 FEET, THENCE SOUTH
89'52'03" EAST 25,42 FEET TO A POINT HEREINAFTER REFEHRED TO AS POINT "A";
THENCE SOUTH 0'07'57" WEST 1000 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "B"; THENCE RETHACING N()RTH 0'07'57" EAST 10.00 FEET TO SAID POINT "A";
THENCE CONTINUING NORTH 0'07'57" EAST 251 45 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT"C"; THENCE CONTINUING NORTH 0'07'57" EAST 14359 FEET,
THENCE NORTH 43'02'57" WEST 42.33 FEET, THENCE NORTH 69'35'27" WEST 112.99
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING
NORTH 69'35'27" WEST 147 i7 FEET, THENCE SOUTH 61'59'51" WEST 167.80 FEET,
THENCE SOUTH 16'13'35" WEST 88.98 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "E"; THENCE CONTINUING SOUTH 16'13'35"~EST 30922 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 16'13'35"
WEST 1019 FEET TO THE, SOUTHERLY LINE OF SAID LOT 96 DISTANT THEREON SOUTH
74'00'00" EAST 34.00 FEET FROM THE SOUTHWEST CORNER OF THE EASTERLY 261.98
FEET OF SAID LOT 96.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE GENERAL UTILITY
EASEMENT AS SHOWN ON SAID MAP NO 12572.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS AND SAID GENERAL UTILITY EASEMENT
ALSO: BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 89'52"03" EAST
19.56 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 20'24"33" EAST
2130 FEET TOA POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 73'46"25" WEST
17.57 FEETTO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE NORTH 73'46"25" WEST
17.96 FEET TO A POINT OF TERMINATION.
Page 1 of 2
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4892
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ALSO' All THAT PORTION OF SAID lOT 97 DESCRIBED AS FOllOWS: BEGINNING AT
ABOVE MENTIONED POINT "B"; TH.EN_c;E SOU;rH 89052'03" EAST 10.00 FEET TO THE
EASTERLY .liNE OF. SAID STRIP OF LAND; THENCE LEAVING SAID STRIP OF LAND
ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 0007'57"
WEST 8.76 FEET, THENCE SOUTH 89052'03" EAST 473 FEET, THENCE SOUTH 0007'57"
WEST 18.91 FEET, THENCESQUTH 89052'03" EAST 2.09 FEET, THENCE SOUTH 0007'57"
WEST 15.93 FEET TOA POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY
EASEMENT, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 2470.50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 4018'54" WEST, THENCE
ALONG SAID NORTHERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF
0037'26" A DISTANCE OF 26.90 FEET, THENCE LEAVING SAID NORTHERLY LINE AND SAID
CURVE; NORTH 0007'57" EAST 41.50 FEET TO THE SOUTHERLY LINE OF SAID STRIP OF
LAND; THENCE ALONG SAIDSOUTHERL Y LINE, SOUTH 89052'03" EAST 1000 FEET TO
SAID POINT "B" AND THE POINT OF BEGINNING
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
~ rl
RAMON J. SPEAR, LS.6404
-s-, -0\
DATE
Page 2 of2
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EASEMENT DATA
1 N.05,"57 '47"E. 54.!;Jl'
2 S.83 '13 '04"E, 119.50'
3 S:89 "52 '03 "E. 25.42'
4 N ,00 '07 '57"1;:. 10,00'
5 t:Loo 'O7'57"!::. 251.45'
6 S ,89"52 '03 'E, 19,56'
7 N ,00 '07 '57"E , 143,59' 0)(0
8 N.43 '02 '57"W. 42.33'
9 N.69 '35'27"W, 112,99' g:;'
10 N,20 '24 '33"E, 21.30' 0
1-1 N.69'35'27"W. 147.77' Q,
12 S,61 "59'51"W, 167,80'
13 S,16'13'35"W.88.98'
14 N.73 '46 '25"W, 17.57'
15 S,16'13'35"W, 309.22'
16 N.73'46'25"W. 17,96' ;::.
17 S,16 "13'35"W. 10,19' w S?
18 1l=4 '16 '31" in
R=2475.50' :;
L=184 ,72 , ,... ,
CO S?
SEE NOTE A ~
PAGE/2 OF 2
34'
EXHIBIT "B"
4853
PAGE 1 OF 2
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EASEMENTS
SEE PAGE 2 OF 2
SCALE 1" '" 100'
DATE 02/21/01
~, TEP 0<. RJS
WATERLINE EASEMENT PLAT
WE 801~01-373
SPEAR & ASSOCIATES, INC. ~ JOB~.
. CIVIL ENGINEERING Af'D lAND SURVEYING
,
750 N, CITRACAlJO I?KWY. STE, 2. ESCQIo,tlIDO. CA 92029 DWG ~.
(760) 737-7<<72 FAX (760) 737c 727 4
97-183
97 -183WL.
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EASEMENTS
EXHIBIT "B" 4854
SCALE
r;::-, PUBLIC li:nLlTY EASEMENT PER MAP NO. 12572. EASEMENT TO
~ PACIFIC 'BELL REC, 9/6/91 AS FILE NO, 9H045~6750,R,
(Ej) EASEMtNT TO SAN DIEGO GAS AND ELECTRIC, COMPANY REC,
'5i 5/25/90 AS: FILE NO, 90-286803 O.R.(~OT P!-OTTABLE)
o EASEMENT TO' PACIFIC BELL REC, 10/20/94 AS FILE NO,
~ 1994-0614222 O.R,
WATERLINE EASEMENT PLAT
WE 801-01-373
. SPEAR & ASSOCIATES, INC, ~ JOO NO.
CIVIL ENGINEERING AND LAND SURVEYING ,
750 N. CITRACADO PKWY. STE. 2. ESCOtllIOO, .CA 92029 DWG NO.
(760) 737-7272 FAX (760) 737-7274
EASEMENT DATA
1 S,89'52'03"E, 10.00'
2 N.00'07'57"E. 8.76'
3 S,89'52'03"E. 4,73'
4 N,OO'07'57"E. 18,91'
5 S,89'52'03"E. 2,09'
. 6 N.00'07'57"E, 15,93'
7 t.=0 "37 '26"
R=2470 .50 '
L=26,90'
i N,OO'07'57"E, 41.50'
9S.89'52'03"E. 1 0,00'
.10 N,O.4i8'54"E.(R) 5,00'
11 t.=0 "24'26"
R=2475:50 '
L =::1.7 ,59 .
NOTE A
LOT LINE PER.CI.TY OF POWAY BOUNDARY
LINE ADJUSTMENT NO, 97-02 AS SHOWN
ON RECORD OF SURVEY NO. 15504. A
CERTlFICA TE OF COMPLIANCE WAS
RECORDED M:AY 20. 1997 AS FILE NO.
1997-0232178 OF OFFICIAL' RECORDS.
SCALE 1" = 100'
OATE 02/21/01
(RoI. TEP CK, AJS
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POINT
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DETAIL
SCALE 1"=20'
PAGE 2 OF 2
1" = 20'
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97-183
97-183WL
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4855
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CERTIFICATE OF' ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: May 30, 2001 from Pomerado Leasing No 8 L.P, a
California Limited Partnership, 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 pursuantto authority conferred by Resolution No 34 adopted
on January 20, 1981 and the grantee consents to recordation thereof by its duly
authorized officer
Dated May 31, 2001
CITY OF POWAY
Seal
N:lcitylsharelcertificate of acceptance,City.doc