Grant of Easement Water Lines & Appurtenances 2001-0251056
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RECORDING REQUESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
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No transfer tax due
Tax Parcel No 317-281-10
I DOC , 2001-0251056
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~pr 24, 2001 8:24
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5399
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NO DOCUMENT TRANSFER TAX
AM
[fFICIAl. RECORDS
&1N DIEGO lruNTY RECORDER'S OFFICE
GRfliORV J. SMITH, COUNTY REClRDER
FEES: 0.00
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NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
. WE801-01-404
POMERADO LEASING NO 6" LP,a California Limited Partnership, (hereinafter
"GRANTOR") hereby grants to CITY OF POWA Y (hereinafter "GRANTEE"), its successors,
or assigns, tlie 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, 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, 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 in the County of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
ALL THAT PORTION OF LOT 93 OF CITY OF POWAY TRACT NO 85-04
UNIT 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 OF SAN DIEGO COUNTY,
FEBRUARY 28,1990 AS FILE NO 90-107515
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 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, its heirs, successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
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5400
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GRANTEE mayus~ <lll g9!es~ncl fences, whiQh, noW or later, cross any portion of the
easernent. GRANTEE shall also be entitled to trim, Cl:lt or clear away or remove any
trees, brush, or oth~r vegetatibnor flora from time to time as GRANTEE determines in its
,sole'discretionwithout any additional compensation,
GRANTOR agrees that no other easement or easements shall be granted on, under, or
over this'easement without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of
pipelines or other facilities within the boundaries ofthe"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, successors, or assigns, provided GRANTEE does 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 increased or
decreased the existing ground elevations of the above d13scribed easement which exist 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,whe,lher 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 broughtto 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 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,
of 'fY\l.L"- d,.....
the GRANTOR has executed this Easement this \"il" day
, 20 t)\
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Pornerado Leasing No, 6 LP
A California Iirnitedpartne
By: ITMANN, Inc., a . Ifomia corp., Gen'l Parther
C:data\wp.:.files\kim\documents\easement\pomerado.no5
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5401
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CALIFORNIA. ALL.PURPOSE ACKNOWLEDGMENT
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Name and Title of Officer (e,g., "Jane Doe, N
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evidence
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L.E.RIC~ ~
COMM, #12761;13 Gl
NOTARY PUBU<:-CAL1fO~NIA 0
SAN DI~GO COUNTY '"
COMM,EXP; SEPT:23; 2004
to be the person(s) whose name~ is/8fe
subscribed to the within instrument and
acknowledged to me that he/51 ,,,;U ''''I executed
the same in his/t ,,,,Ill,,,,, authorized
capacity(iesj; and that by his/flel itl ,eir
signature(ston the instrument the person(st, or
the entity upon behalf of which the person(aj
acted, executed the instrument.
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WITNESS my hand and official seal.
Signature of Notary Public
Place NotAry Seal Above
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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 ot"this form to another document. .
Description of Attached Document
Tille or Type of Document:
~
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer ~ Title(s):
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@1999NatJonal Notary AssociatIon. 9350 De Soto Ave, P,O, Box 2402 . Chatsworth, CA 91313.2402' www,nationalnotary.org
Prod. No. 5907
Reorder' Call TolI.Free1 8008766827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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On Ap,'\ 3, 2-po I ,before me, ~~ lNe.sfv'u..p, .No -h<-Y'1 rwt, /, <-
Date Name and Tille of Officer (e.g.. 'Jane Doe. Notary Public")
personally appeared YtA--v\-; ,,-,I M, \/\} h 1~-rC'-16.-y
Name(s) ofSigner{s)
[2\personally known to me
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to be the person\8')' whose name(8)' is/are-
subscribed to the within instrument and
acknowledged to me that he/she/thoy executed
the same in his/Ror/thoir' authorized
capacity(iest and that by his/Ror!thcir
signature,is). on the instrument the person(sY, or
the entity upon behalf of which the person('sl
acted, executed the instrument.
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WITNESS my hand and official seal.
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Place Notary Seal Abo~e
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
Title or Type of Document: br!W<--f- 0 f EAS ~~
Document Date:
31 rJ 10 I
7
Number of Pages:
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Signer(s) Other Than Named Above: -7e:ffr"'{f C, ~
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
.J2:-Corporate Officer- Title(s): &c-r&4--T7
EJ Partner - 0 Limited D General
[I:. Attorney in Fact
o Trustee
G Guardian or Conservator
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RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing. Wh;tM~, ~,
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1/:11999 Nalional No1ilr)' As$o(:ialion. 9350 De Solo Ave., P.O. Box 2402. ChatSlVQrth, CA 91313-2402' www.llalionalnotary.or9
Reorder: CIIIITolI-Free 1-600.876-6827
Proo. No. 5907
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5403
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EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
WE 801-01-404
ALL THAT PORTION OF LOT 93 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO ,12572, .FILEDIN THE.OFFICE OF THE COUNTY'RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 28, 1990 AS' FILENO 90-107515; BEiNG A STRIP OF LAND 20,00
FEET IN WIDTH LYING '10:00 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING DESCRIBEDCENTERLlNES
BEGINNING AT A POINT ON.THE NORTHERLY LINE OF SAID LOT 93 DISTANT THEREON
NORTH 74?00'00" WEST 60:25 FEET FROM THE NORTHEAST CORNER THEREOF,
THENCE LEAVING SAID NORTHERLY LINE ALONG SAID eENTERLlNE, SOUTH 16'00'00"
WEST 5,00 FEET, THENCESOUTH-29000'00" EAST 23,12 FEET, THENCE SOUTH 16'00'00"
WEST 200.38,FEET TO A POINT"HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING SOUTH 16000'00" WEST 173.74 FEET, THENCE SOUTH 61000'00" WEST
22,,13 FEET, THENCE NORTH 75000'00" WEST 218.22 FEET, THENCE NORTH 29'00'00"
WEST 11.97 FEET; THENCE NORTH 16000'00" EAST 20.29 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 1,6'00'00"
EAST 304,18 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE
CONTINUING NORTH 16000'00" EAST25,18 FEET, THENCE NORTH 29000'00" WEST 783
FEET, THENCE NORTH 16'00'00" EAST 51.29 FEET TO A POINT ON SAID NORTHERLY
LINE DISTANT THEREON NORTH 74000'00" WEST 23149 FEET FROM THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITH IN THE PUBLIC 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 PUBLIC UTILITY EASEMENT
ALSO' BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH 74000'00"WEST
24.17FEET TO A POINT OF TERMINATION
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 74000'00" EAST
21:26 FEET TO A POINT OF TERMINATION_
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 74'00'00" EAST
1601 FEET-TO A POINT OF TERMINATION.
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5404
STREET
DANIELSON
CENTERLINE DATA i i
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MAP NO 12572
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SCRIPPS
1
2
3
4
5
6
7
8
9
10
11
12
13
, 14
15
S16"OO'OO"W 5,00'
529 '00 '00 "E 23.12'
S 16 '00 '00 "W 200.38'
S16'OO'OO"W 17374'
S61 '00 'OO"W 22 13'
N75 '00 '00 "W 218,22'
N29 '00 'OO"W 11,97'
N 16'00 '00 "E 20 ,29 '
N16"00"00"E 304,18'
N16 'OO'OO"E 25 18'
N29 ~OO '00 "W 7 .B3 '
N16"OO'OO"E 51.29'
N74 'OO'OO"W 24 17'
S74'OO'OO"E 21.26'
S74 '00 'OO"E 16,01'
LOT
85-04
93
UNIT 2
P,O,B,
60,25'
s
---~
326,86 '
PARKWAY
S75 'OO'OO"E _
10
POWAY ~
EXHIBIT "8"
SCALE l' = 80' \.
\
EASEMENTS
- 0 PUBLIC UTILITY EASEMENT
~ PER MAP NO 12572
m EASEMENT TO PACIFIC
~ BELL REC 9/6/91 AS FILE
91-0456675 AND 9/15/87
AS FILE NO 87-522311-
EASEMENT TO SDG&E REC
9/18/87 AS FILE NO
87-530545
~ PUBLIC UTILITY EASEMENT
PER MAP NO 11742
~ PUBLIC UTILITY EASEMENT
PER DOC REC 6/21/88 AS
FILE NO 88-296318 0 ,R..
AND RE-RECORDED 3/8/89
AS FILE NO 89-111208 O_R
~ EASEMENT TO SAN DIEGO
C\J GAS AND ELECTRIC CO REC
5/25/90 AS FILE NO. 90-
rn 286803 (NOT PLOTT ABLE)
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BOUNDARY DATA
CD
t::.= 90'00 '00"
R=29 ,50 '
L=46 ,34 '
t::.= 91'00'00"
R=29 ,50 '
L=46 ,85 '
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WATERLINE EASEMENT PLAT
SCALE 1"=80 '
12-11-00
A
, TE? ac RJS
WE 801-01-404
SPEAR & ASSOCIATES. INC,
CIVIL ENGINEERING AND, LAN{) SURVEYING
750 N, CITRACAOO PKWY STE. 2. ESClNlIDO, CA 92025
(760) 737-7272 FAX (760) 737~7274
99-313
99- 313WL
.XJB NO_
DWG NO,
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5405
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
March I q I:J.CO I from Pomerado Leasing No 6, LP, a California
Limited Partnership, to the City of Poway, 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 ~ \q,~OOI
By' .~OIJ" Q LOuu.a.ao, ~u.1c., 8l:r Cf.uA
Lori Anne Peoples, City Clerk