Grant of Easement Water Lines & Appurtenances 1999-0660876
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DOC' 1999-0660876:
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RECOREJING REqUESTED BY
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NO DOCUMENT TRANSFER TAX
NO FEE
CITY OF PQWAY
SSP 29.
1999 8:24
AM
AND WHEN RECORDED MAIL TO'
OFFICIAL RECORDS
SAN,DIE60 COUNTY RECORDER'S OFFICE
GREGORY J.SI!ITH, COUNTY'RIDlRDER
FEES: 0.00
-lllllllIilllll;
1999.0660816
CITY CLERK
CITY OFPOWAY
P 0, BOX 789
POWAY, CA 92074
No transfer tax due
Tax Parcel No. 317-280-21
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-342
ALAN KURT UKE and DIANE MIJCHELL UKE, (hereinafter "GRANTORS") herebY
grant to CITY OF POWA Y (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 depicted in Exhibit"B," to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline orpipelines for ahy and all
purposes, together with such fixtures and appurtenances, inclugihg, but not limited to,
facilities.for power transmission,and communication purposes, at such locations and
elevations, upon, along, overahd under the right-ofcway 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,theJanddescribed below,
togetherwith the, right to use this easement, for access'toC3RANTEE's
rights-of-way situated in adjacenUands, 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 9, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12556, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
FEBRUARY 8,1990, AS FILE NO 1990-072267 OF OFFICIAL.RECORDS
GRANTORS, their heirs, successors and assigns shall not ereci 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 ofthe City of Poway as evidenced by the signature of the Director of
Development Services on"an approved plan. GRANTORS, their heirs, successors and
assigns shall not dig or drill any hole or wells on any portioh of !tie easement.
.
'. 2,68'~
GRANTEE may use all.:gates,and fences which, now or later,.crossany portion'oHhe
ei!isement. GRANTEE shall also be entitled to trim, cut,'or'c1ear away or remove any
trees, brush, or oiher vegetation or flora from timeto'time;as GRANTEE determines in
its sole discretion wiihout"anyadditional compensation.
GRANTORS agree that no other easement or easements shall be granted on, under, or
over this ease_ment 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 rightcof-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 GRANTORS
or GRANTORS' heirs, successors, or assigns, provided GRANTEE does not .expand its
use of the easement beyond the easement boundaries described above.
Itis also .understood and agreed by the parties thatthe GRANTORS and the
GRANTORS' heirs, success()~s, or assigns, shall not increase or decrease or permit to
be increased or decreased the e,xisting ground elevations of. the above described
easement which exists at the time this document is executed without obtaining ihe 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 partyshalJ. be
entitled to an award of all attorney's fees and the costs of the proceeding, wHich shail
be determined by the court or the presiding officer having authority to make this
determination.
GRANTORS expressly warrant and represent that GRANTORS have the power to
grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the, GRANTORS have executed'this Easement this /'1171
day of <;' 't't>P... "-"-7 ,19 11
ALAN KURT UKE
/'?k
DIANE MITCHELL UKE
.lJJ/VlL 7!1fk~U( U&
(Signatures must be notarized
Notary form attached.)
,CAUFORNIA ,ALL-PURPQSE,A NOWL.EOGMENT
'SlateofC'ALICPOIL!'lI!\ }.
County of SAI\J'D Ie: C=lD
on~ l0A1TE f 9 9 ',' before me, Ko.0 \ D \ \ V Q 'f'e-S
NAME. TTT1.E OF OFFICER. E.G~ -JANE DOE. NOT~RY\PUByC"'
personally appeared f\..\ qt'"\ K-u r-t U ILE
NAME(S) OF SIGNEA(S)
jLI personally known ~(>,me -OR -ll(proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
,subscribed to the within instrument and ac-
knowledged to me that he/she/'they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrumentthe,person(s).
or the entity upon behalf of which the
person(s) acted, executed the instrument.
~ - -'-- - -~l~U;AR~ - - i
-'61' . Com.' mission '. 120T.Il5,~
l' NoIay Public - Cal'1fanla s
I ' 'San~C~ (
'MyComm.Expie! Ja19; nxl
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THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
26,89
W"NE7i2P"
I SIG ATURE Of NOTARY
OPTIONAL SECTION.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
1,1lou9,h the data'r~ue_sled here is'nol required by law,
it could, prevent fraudulent reattachment of:this'lorm. SIGNER(S) OTHER THAN NAMED ABOVE
J--....--.....-----
RAUL OUVARES
_..' '.' Com, ,mission, ' 120T.Il5f
~.' ' Nota., p'ubIIc ' Caftfania I
~ . San ~ Counly f
:MyCoinm.Elcpitisb19,nxl ,
- - - ._.-- - - - - -- - -
,
N<I:,:
__'OPTIONALSECTlON,_
CAPACITY. Cu\Ir-fED.BY SIGNER
ThoUgh ......~ ...........Ilie ~-Io;
OIl'ln.the data'below ,doIn;,'.-'ma""'~y"'_pnr "--..
" ',. '"lI'O>V' . oVe'
1nY8Suab'e to pel'SOnS rety\og on tle~'
o INDIVIDUAL
o CORPORATEOFFICER(S)
Tm.E(S)
o PARTNER(S) 0 'LIMITED
o GENERAL
o ATTO~r::EY'IN'FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF.. PER$QN(S) OR ENTirvc1esl,
Cl1992 NATIONAL NOTARY ASSOCIATION- 8236 Aemm~{Ave., P.o. Box 71~.. CanOga PaJ1<, CA913Q'S.
,
No
SIGNER IS REPRESENTING,
NAME OF PERSON{Sl OR ENTITYjJE$)
TH!S CERTIFICATE MUST BEAITACHED TO
THE DOCUMENT DESCRIBED AT RiGHT
':ALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1:....<" _..;.____...........<...'-":-_.;;....;.______=-....;.-;.".; ___" ..:...'.:. _.__-.::::._.....__~-__-~<:.~......._<:..---~-----::l- :::
__ __ _____ _____________________ ~ ---~~~-s---.....-~~"~
State of CA-I 'FO~/'-l' A '} .......OPTIONAL SECTION-
D CAPACITY C~JMED BY SIGNER
County of <:)A,.j ; E c..-, 0 Thougll statule OOesnot requ"e the Nota", \0
fiU'ir1'the-data,belo.....;. doing\so'may pio~'e
q II 1 f CJ 1 ''[1 \ 0 \ inval~ to persons relying on the dOCument.
On~ before me, I-<"Q lJ' ," 1 V C\., e S 0 INDIVIDUAL
personall;::peared 1) ( CI n e.. ~;Ek h OF~n EGUk~TAAY pvaue- 0 CORPORATE OFFICER(S)
NAME(5) OF SlGNER(S} TlT1.E(S)
o personally Kn6wn~to.ine -OR - ~roved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 LIMITED
to be the person(s) whose name(s) is/are 0 GENERAL
subscribed to Ihe within instrument and ac- 0 AITORNEY'IN,FACT
knowledged 10 me that. he/she/they executed 0 TRUSTEE(S)
the same in his/her/their authorized 0 '
GUARDIAN/CONSERVATOR
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), 0 OTHER:
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Though the dalar(oqucstcd I\(~rc's nOI,lCQu_lredtJy Law
,,00t.I6d prcycnllraudu1cnl rcanadlmcnl ollfii5-jOfTn
OPTIONAL SECTION
TITLE..OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUM[ln
SIGNU1(S) O1l1lH THAN NAMED AGOVE
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EXHIBIT A
LEGAL DESCRIPTION
WATER EAsEMENT
80 1 c01c3'42
2690
A PUBLIC EASEMENT FOR WATER FACILITIES AND APP:URTENANCES, TOGETHER
WITH'THE RIGHT OF INGRESS AND EGRESS ACROSS A PORTIONOF':tOT9, IN'THE
CITY' OF -POWA Y, GOUN}YOF SAN DIEGO, STATE OFCALIFORNlA, ACCORDING TO
MAP THEREOF NO, 12556,;FlliED IN THE OFFICE OF ;fHE COUNTY RECORDER OF sAN
DIEGO COUNTY, FEBRUARY 8,1990 AS FILE NO 1990'072267 OF OFFICIAL RECORDS,
TI-JE BOUNDARY OF SAID.EASEMENT BEING DESCRIBED AS FOLLOWS.
BEQINNlNG AT THE' SOUTHEAST CORNER OF SAID LOT 9, THENCE ALONG THE
EASTERLY BOUNDARYLINE.OFSAID LOT 9 N 010 15'00"W, 10.00 FEET TO A POINT ON
THE NORTHERLY LINE QF .AN EXISTING 10 FOOT WIDE GENERAL UTILITY
Eh-SEMENT AS SHOWN PER SAID MAP NO. 12556; THENCE WESTERLY ALONG SAID
NORTHEIli,Y LINE OF 10 FOOT GENERAL UTILITY EASEMENT S 88045'00" W,6.2S
FEET TO THE TRUE P()IN.TOF BEGINNING, THENCE LEAVING SAID NORTHERLY
LIN? OF SAID 10 FOOT GENERAL UTILITY EASEMENT, PARALLEL TO THE EASTERLY
LINE,OF SAID LOT 9,N 01015'00" W, 18.20 FEET, THENCES 88045'00" W, 2175 FEET;
THENCE N 01015'00" W, 370.92 FEET, THENCE S88045!06" W, 40.00 FEET; THENCE S
01015'00" E, 2000 FEET, THENCE N 88045'00" E, 20 OOF-EET, THENCE SOl "15'00" E, 369 12
FEET TO A POINT ON THE NORTHERLY LINE OF sAio 10 FOOT WIDE GENERAL
UTILITY EASEMENT,THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID 10
FOOT WiDE GENERALUrrLITY EASEMENT N 88045'00" E, 41 75 FEET TO THE TRUE
POINT OF BEGINNING.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION
~d~
Robert Imsande R.C.E.25609
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EXHIBIT "B"
2691
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SCALE: 1" = 100'
LOT 10
MAP NO 12556
II
II
II
1\
1/
EX, 10' GENERAL UTILITY EX. 10' GENERAL UTILITY
I EASEMENT PER MAP NO, 12556 EASEMENT PER MAP NO, 12556 II
// II 49'
65'
II EX.,3il' DRAINAGE & II
#_ _ _ _ _ j~:':l^'^~"t\\t,ce,\,\ - - - - - - - - -C!) II
II N 01"15'00" W 55-;;-1; - I _ 4 .'
,. -------- ----
N 01"15'00" W 370,92'
g ,/ S 88'45:00" W S 01"15'00" E ~ 369,12' - - - )311,@
UJ 'f 40,00 ~PROPOSED 20' PUBLIC
~ / ) S 01'15'00" E N 88'45'00" E WA TER EASEMENT ...,:
o ij m~ (J)
~ 'ij 20,00' N 88'45'00" E II .
CI) 'Ii 89,55' II' Z
/' II' 0
,I III ~
, t LOT 9 II, W
/ II' Z
,/ EX 13'SDG,E EASEMENT MAP NO 12556 ::1 C3
~ PER boc' NO. 1991-0068401 EX, 13' S.D,G,E, EASEMENT ,
If RECORDED FEB, 13, 1991 PER DOC, NO, 1991-0068401 II,
11--- ___ _ _____ ___ _ __ _ _ RECO:D~D FEB_1~, 1991 __jJ
TABULATION
CD N 01'15'00" W 10.00'
CD S 88'45'OQ" W 6,25'
G) N 01'15'00" W 18,20'
CD S 88"45'00" W 21 75'
@) N 88'45'00" E 4175'
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CERTIFICATE'OF ACCEPTANCE
2692
Thisis to certify that the interest in real property conveyed by the deed or grant dated
September 17, 1999,
from Alan Kurt Uke and Diane Mitchell Uke to the
City of Poway, a political corporation and/or governmental agency, is hereby
accepted by the undersigned officer or agent on behalfof 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 -SE'ft-e.mher 23, tClCi'l
By 0;"'" CL.f?~,,,,
Lori Anne Peoples, City Clerk