Grant of Easement Water Lines & Appurtenances 2001-02160357'..:. ~f~":-;' . :,
:.
,"~
{)(!,
.
RECORLlING REGlOESTED BY
.,:
,
)
)
.
DOO#2001-0216035
CITY OFPOWAY
Apr 10,.
~2001 8:22
lfFICIAl. REClJ/DS
3248 SAHDIEGO IIIOOY RmlRDER'S OFFICE
I 6RfIiORYJ. SHITH. ClUffY 'REIWm~t>
I FEES: '. , 0.00 "'-"lICI\
,- ,,1/ " II' """ " III "" III r OC: NA
2001.0216036
AM
AND WHENREGORDED MAIL TO,
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
No transfer tax due
Tax Parcel No 320-220-03
I
) (This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-405
HARMONY GROVE PARTNERS, LP, a California Limited Partnership, (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY (hereinafteriiGRANTEE"), its successors,
or assigns, the-following described easement for a rightcof-way, in, upon,over, under and
across the lands described in Exhibit "A," and depicted in Exhibit "B," to erect, construct,
reconstruct, replace, repai~, rTlairitain, and use a pipeline or pipelines for any and all
purposes, together with suCh' fixtures and appurtenances, including, but not Itrnited to,
facilities for power transiTi.ission al1d communication purposes, at such locations and
elevations, upon, along, over andc under the right-ofcway described in Exhibit "A" as
GRANTEE may now or hereaft~r determine in its sole discretion without any ad.ditional
compensation therefor, togethe-r with the right of ingress and egress from the easement by
a practical route orroutes in, upon, over, or across the land described below, together with
the right to usethis 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 LOT3 OF CITY OF POWAY TRACT NO 86c02R
(2) POWAYCORPORATE CENTER UNIT2 & 3,JN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 13944, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MARCH 13,2000
GRANTOR, it:') hei[s, successors and assigns shall not erect or construct or permit to be
erected orconstruct$d any building, structure or improvement or plant any tree or trees or
plant any other veg'etation 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
1",0'-1- \Cj
01-05"&
"'
.
324.9
.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the
easement GRANTEE shall also be entitled to trim, cut,.or" clear away or remove any trees,
brush"or otjler vegetation or flora from time to time 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 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 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,esuccessors, 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 thatthe 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 ofthe 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 interpretthe
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 ICj~ day
of ~tA... ,200\
--:7
/J
(
r ' "Grove Partners
:;:J"j ''''ALlFORNIA LIMITED PARTNERSHIP
,I . Jeffrey C. Hamann
l (Signatures must be notarized,
~ Notary form attached)
c:\data\wp-files\kim\documents\easement\pomerado .n05
~ - "6325_
. CALIfORNIA ALL"PURP~EACKNOWLEDGMEN,[
~ ~.KX:'~~~~~~..&".:<;}'~~M~=~~.<JS:~~&;:-&<'''&''):.'
~ (II
,I'
,I
1
'I
1
Slate of
~~
~l);~
3kdo\
County of
before me, L.,t,'~ 00
Name and Tille of Officer (e.g., "Jane Doe, No
C. ~.<"-
On
qate
crt-W'j
Nam~(s) of Signer(s)
personally appeared
i'j!P personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(.ll1' whose nameffi} is/are subscribed to the
within instrument ahd:acknowledged to me that he/shetttmy
executed the same'in his/hefill ,~ir authorized capacity(ie6),
and that by his/l9or,~1 ''';Isignature(el' on th~ instrument the
person!sJ, or the entity upon behalf of which the person(s)
acted, executed the-';'hstrument.
_ ~ .A _ __ -_ _ ~ ~ '__ (
, . L E.:RICHARDSON ~
COMM't 1276143
NOT ~RY PlJBUC.cALIFORNIA lil
. SAN DIEGO COUNT,v '0
COMM:EXP SEPT; 23;' 2004'"
WITN ESS my hand and official seal
I,
OPTIONAL
Though,the information below:is notrequired'by;aw, it may prove valuable to persons r~/ying on the aocument and could prevent
fraudulent removal and reattachment of this form'fo 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-I::] Limited o General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
o Individual
o Corporaie Officer
Titie(s):
o Partner.- 0 Limited 0 General
o Attorhey'ih-Fact
o Trustee
o Guardian or Conservator
o Other'
.
Top of thumb here
Top of thumb here
Signer Is Representing'
Signer Is Representing:
01996 NatioflafNolary Association' B236 Remme! Ave., P,O. Box 7184. Canoga Park, CA 91309 7184
''''''',,'
Prod No: 5907
Reorder: Call TolI.Free 1-800.876:6827
,I
,I
1
,I
,I
1
1
1
,I
'I
,I
1
'I
'I
'j
j
'I
'I
,I
,I
j
,I
'I
1
,I
1
'j
"
j
I
'j
1
"I
1
'"
.
3:251 .
WE 801-01-405
e
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
ALL THAT PORTION OF LOT 30F CITY OF POWAY TRACT 86-02R (2) POWAY CORP.ORATE
CENTER UNIT 2 &,,3, IN THE CITY OF POWAY, COUNTY OF SAN of EGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY MARCH 13, 2000, BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING
1000 FEET ON EACH SIDE OF AND PARALLEL WiTH 'THE FOLLOWING DESCRIBED
CENTERLlNES.
BEGINNING AT A POINT ON THE NORTHERLY LINE OF ,SAID LOT 3 DISTANT THEREON SOUTH
87018'29" EAST 505 FEET FROM THE NORTHWEST CORNER THEREOF, THENCE LEAVING'<SAID
NORTHERLY LINE ALONGSAID'CENTERLlNE, SOUTH 2041'29" WEST 35,00 FEET, THENCE
SOUTH 42018'31" EAST ,51 04 FEET, THENCE SOUTH 2041'29'~ WEST 266.34 FEETTO A POINT
HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 2~41'29" WEST
28590 FEET; THENCE SOUTH 23018'29" EAST 127.30, FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 23018'29" EAST 5.10 FEET, THENCE
SOUTH 87018'29" EAST 392.60 FEET, THENCE NORTH 2~4'1'45'~ EAST 33.50 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 2041'45" EAST 278,89
FEET TO THE SOUTHWESTERLY EDGE OF A PUBLIC UTILITY EASEMENT AS SHOWN ON SAID
MAP NO 13944, THENCE NORTH 49001'56" EAST 15.00 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE CUL-DE-SAC OF TECH CENTER COURT, SAID
POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND NORTHERLY HAVING A RADIUS
OF 55,50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 49001'56" WEST, SAID POINT BEING
DISTANT WESTERLY AND NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 46020'11" A DISTA~CE OF 44,88 FEET FROM THE
INTERSECTION OF THE EASTERLY LINE OF SAID LOT 3 WITH THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID CUL-DE-SAC OF TECH CENTER COURT
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID PUBLIC UTILITY EASEMENT.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED,AT ALL LOT
LINES, ANGLE POINTS, AND SAID PUBLIC UTILITY EASEMENT
ALSO' BEGINNING AT ABOVE MENTIONED POINT"A"; THENCE NORTH 8r18'29" WEST 28,10
FEET TO A POINT OF TERMINATION,
BEGINING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 66041'31" WEST 20.00
FEET TO A POINT OF TERMINATION
BEGINING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 87018'29" WEST 22.40
FEETTO A POINT OF TERMINATION
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
K<= ~ 4
RAMON J. SPEAR - L.S. 6404
z/JrotOI
I ATE
.
.
LD
<!1
.....
OJ
...
\J..l
OJ
f\J
.....
...
,
-.;t f:1
z
3252 PAGE 1 OF 2
in SCALE 1" = 100'
WAY f,Ij
o A ~ct
/'
1 :?:-~~ - -----~~~ - ~~ll 'c3J T
BOUNDARY DATA I I Er
10~g: CD N.66 '39'00"E 56 19' ! I . is
@ 6=90 '00'00" I ,..... U
R=55 .50 : D<D< I :;
L=87.18 r)9 I LD I
@ 6=90.00'14" \? II (T] 0:
R=29 ,50 , I \J..l W
L=46.34' ~O. I ~ f-
) I ~ z
LOT 3 ! I ~~~
EASEMENT DATA
24.5'
1 S.02'41'29"W.35.00' I
2 S 42.18 '26"E. 51.04' &:l
3 S,02.41'29"W.266-.34' I f-
4 S ,02 .41 '29 "W 285.90 ' L-.
9 S.02 '41 '45"W 278.89'
10 N .87" 18 '29 "W. 28 10' 13 @
13 N .49 '01 '56 "E (Rl 15,00' /
-/
EXHIBIT
liB II
KIRKHAM
r
o
-1
POINT "A"
10
,
\
\
\
'0\?-~
EASEMENTS
~ PU8LIC UTILITY EASEMENT PER MAP NO 13944
~ 20' DRAINAGE EASEMENT PER MAP NO 13944
~EXISTING PIPELINE EASEMENT REC 10/23/90
AS FILE NO 90-574891 O.R
~ RECIPROCAL ACCESS EASEMENT REC. 4/12/00
AS FILE NO 2000~0185572 O,R
@ WATERLINE EASEMENT DESCRIBED HEREON
11
SEE PAGE 2 OF 2
R.
SCALE 1" = 100'
DATE 11/27/00
WATERLINE EASEMENT PLAT
WE 801-01-405
SPEA,R & ASSOCIATES, INC, ~ JlB NO,
CIVIL ENGINEERING AND LAND SURVEYING I
'750 N. CITRACADlJ PKWY. STE, 2. ESClNlIOO; CA 92029 DWG NO.
(760) 737-7272 FAX (750) 737-7Z74
99-329
99-329WL
OON. TEP C<. RJS
I
jd/ /r-------
J3944 /"
// / <'0,
/ /
/ /
/ /
/ /
/ //
'i SCALE 1" = 100'
-N-
J ~
b
0 f
-1
\
\
\ 4
EXHIBIT "B"
SEE PAGE 1 OF 2
BOUNDARY DATA
. N,55 '39 'OO"E, 55 19'
N 48 '25 '09 "E 78,52 '
N.87 '35 '13"E 84.42'
N.79 '04 '52 "W 24,99 '
<J)"
~
~
'?,
't>
~
%
10
'0
~,
20'
10'
10'
EASEMENT DATA
4 S.02'41 '29"W 285.90'
5 S ,23'"18 '29 "E, 127,30'
5 S,23"18'29"E 5,10'
7 S.87 '18 '29"E 392.50'
8 S,02 '41'45"W 33,50'
9 S .02 '41 '45"W 278.89'
11 N,55 '41'31 "E 20,00'
12 N.8?" 18'29 lOW 22 40' POINT
13 N 49 '01 '55"E. (R) 15,00'
,i)
~
b
o
-1
.
b
-.l
~
[Ti
S
o
b
JVJJ-\p NO.
-
- 0
0"'"
,...,
LOT 3
S83 '06 '23 "E
290.62 '
EASEMENTS
(t) PUBLIC UTILITY EASEMENT PER MAP NO 13944
~ 20' DRAINAGE EASEMENT pER MAP NO 13944
~ WATERLINE EASEMENT DESCRIBED HEREON
3253
PAGE 2 OF 2
1l=45 '20'11"
R=55 .50' ' .
L=44 ,88 .
<\.1
b
o
-1
--
-
f:
WATERLINE EASEMENT PLAT
WE 801-01-405
SCALE
DATE
DAN, TEP
1". = 100'
11/27/00
SPEAR I>. ASSOCIATES. INC,
CIVIL ENGIJIEERING AND LAND SURVEYING
,750 N. CITRACAOO PKWY. STE, 2, ESCCHlIlJ(); CA 92029
(760) 737-7272 FAX (760), 737-7V4
OWG NO.
a<. RJS
JlB NO.
99-329
99-329WL
.
.
3254
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
March 19, 2001
from Harmony Grove Partners, LP, a California
Limited Partnership, to the City of Poway, a political corporationand/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:
April 6, 2001
By' q (~~ O/'AAL> ?~Q~;;,
Lori Anne Peoples, City Clerk