Loading...
Grant of Easement Water Lines & Appurtenances 1999-0660878 ;. -. ;. . ~~ Oy~ \ .. REGORDING REQUESTED BY ciTY OFPOWAY DOC f 1999-0660878 2700 SSP 29. 1999 8:27 AM AND WHEN RECORDED MAIL TO' CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 OFFICIAL RECORDS SAN. DIEGO COUNTY RECORDER'S'OFFICE GREGORY J. SlIITH, COUIfTY RECORDER FEES: 0.00 OC: NA - "'!\\ II \11\1\1111111' 1II111 ' , 1999,0660878 (This soace for Recorder:s Use) NO DOCUMENT TRANSFER TAX NO FEE No transfer tax due Tax Parcel No 317-810-28 GRANT OF EASEMENT (WATER LINES & APPURTENANCES) H&M Devco, LLC, a California Limited Liability Company ( GRANTOR") hereby grants to 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 as depicted in Exhibit "8," 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: Parcel 24 of parcel map 16700, in the City of Poway, County of San Diego,State of California, filed in the office ofthe County recorder, December 2, 1991 as file no. 91-619281 of official record, 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. 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 other vegetation or flora from time to time as GRANTEE determines in , . 2701. easement. GRANTEE shall also be entitled to trim,cut,orclear away or"rell1oye any trees, brush, or other 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 easeinerits 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, 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 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 grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~ day of .<:; <-fJ .p , 19~ (Signatures must be notarized) H&M Devco, CA Li~ d Liability Company L , {I.tI>>""., ,/Cflf'e'le yh Jlei"! 15'Y'e)IJ~ r~ .tt 2702 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT (I e<l):-fbr r7 itL County of ~tJ/;n 1)'~r :w':!"~~-W-~Ilscz~'m; ~~~~~~'"" N~(S)OfSigner(S) .. State of r .. - 1 i@ OFFICIAL SEAL _ . HAZEL E. TRINIDAD NOTARY PUBLIC.CALIFORNIMl COMM. NO, 1087989 . '1? l SAN DIEGO COUNTY I .... MY C~MM. EXP. FEB, 16, 2000 o personally known to me ~roved to me on the basis of satisfactory evidence to be the person(ll) whose name(~~ subsC~d to the within instrument and}\~nowledged to me that~hefttmy execufed the same ir(J]!>l'I,e"'lI,,,ir authorized capacity(i6s), and that by,h;S"l;OCr/thdr signature\€) on the instrument the person(~o'rni'e entity upon behalf of which the personW acted, executed the instrument. W'TNCSS m;;;;;;;w Signature alNotary Public , , .1 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. Gml'1t sf EaSen1arrr Document Date: ~ Number of Pages: Signer(s) Other Than Named Above: \1o'l'le, Capacity(ies) Claimed by Signer(s) Signer's Name: ~n \fQYpeztsh~ Signer's Name: o Individual ~Corporate 9ll!~~~' ( ~ Title(s): ~l( (.NT I o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other' Top nf thumb here RIGHT~THUMBPRINT -- OFSIGNERf - o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney,jn,Fact o Trustee o Guardian or Conservator o Other' Top of thumb here Signer Is Representing: Signer Is Representing: @1996 National Notary Association. 8236 Remmel Ave. P.O. Box 7184. Canoga Park, CA 91309-7164 Prod. Nc. 5907 Reorder. Call.TolI.Free '-800-876-6827 . . EXHIBIT "A" 2703 LEGAL DESCRIPTION THE SOUTHERLY 18.00 FEET OF THE NORTHERLY 28.00 FEET OF THE WESTERLY 11000 FEET OF THE EASTERLY 139.00 FEET OF PARCEL 24 OF PARCEL MAP NO 16700 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 2, 1991 AS FILE NO 1991-0619281 OF OFFICIAL RECORDS. ~ . , SCALE ,= 50 DATE 8- 9-98 DRN. D,F CK. R.s, ffl <:V ui ~ ,~ ?: ... "N ~ 0 -~ . ~ 0 ., :2, ~ ~~ ~,~ ~'4i q,:~ ~~ - \ ' o ' L; IfO 31 A~ 2'1_~ 40" ~-R~4032,=O -- -' + -~~~vm I /"-WffL(liLL, I ! - I~ ~ \.... (j>- r .1=65': '42" I 1<=29.' I L= 43, 139' II f--- EXIST 13' S.D.G.f E. EASEMEIJT PER FILE IJQ,91-co;8401 I RECORDED FEB. 13,199/ II II II II H-I E)(IST 10' GEI-JERAL UTILITY I EASEMEI-JT AS DEDICATED I PER MAP NO 12556, II I ,>1()w~ 27D4 'P~/V~_, - <t Q^ rl,....'-' r)... I /-\ 1-"\\-11= 1_ I_L.-r rl'" 1/ 1- ,v l. 1 --71''' 1''\ 1/':::' {'__)I_I N 8:)"47'55" E, 190.00' -- EXHIBIT \\13" WATERLINE EASEMENT SPEAR & ASSOCIATES, INC. CIVIL ENGINEERING & lAND SURVEYING 1115 E. PENNSYlVANIA AVE. . ESCONDIOO, CA 92025 (760) 737,7272' FAX (760) 737-=4 ~ ~ ~ .<:v , 3 '0 o (j) o . r-: -:2. . , \ ,,<(..- <:>" ",'0 _/>. 0 '~'.0 ~ ~. ~ JOB NO. 97-152- DWG NO. . . CERTIFICATE OF ACCEPTANCE2705 This is to certify that the interest in real property conveyed by the deed or grant dated September 14. 1999 from H&M Devco, LLC, 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 thereofby its duly authorized officer Dated .c",-f.\.€>mhPr 21-,IQQQ By 1"';' ~ :\=( >-fQ., J Lori Anne Peoples, City Clerk