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