Grant of Easement Water Lines & Appurtenances 1999-0650154~ ..
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REGORDING REQUESTED BY
CITY OF POWAY
4881
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1999,0650154
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DOC , 1999-0650154
SSP 23.
1999 1:10
PM \
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA92074
OfFICIAL RmIRDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
,DC: NA
AND WHEN RECORDED MAILIO'
No transfertax due
Tax ParcefNo, 317~280-35
) (This space for Recorder's Use)
NO DOCUMENT TRANSFER TAx NO FEE
GRANT OF EASEMENT
(WATERliNES & APPURTENANCES)
WE 801-01-380
JUDD LOT 23, LLC, a California Limited Liability COrnp~my (hereinafter "GRANIOR")
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 d'escribed in Exhibit "A," and depicted in Exhibft "B," to erect,
construct, reconstruct, replace, repair, maintain, and use a pipeline or pip~lines for any
and all purposes, together withsLich fixtures and appurtenances, including, but not
,limited to, facilities for power transmission'and comniunicqtion purposes; atsuch
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'additionai compensation therefor, 'together with the rightof ingress and egress from
the easemerit by.a practical route orroutes in, upon" over, or across the land described
below, togetherwith the right to use this easement, for access to GRANTEE's
rights-ofevitay situated in adjacentlands, 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 23 OF CITY OF.POWAY TRACT NO 87-13 UNIT 1,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING to MAP THEREOF NO 12556, FILED IN THE.OFFICE'OFTHE
COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8,1990
GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to
be erectedor'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'Serviceson'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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GRANTEE may use all;gates and fences which, now or later, cross any portionof4he
easement GRANTEE shall also be entitled totrim, cut, or clear away or remove any
trees, brush, or Qther 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, und,er, or
over this easement without obtaining the prior written consent of GRANTEE,
GRANTEE may at any time increase its use of the eas'ement, 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 no! 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 atlhe 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 c9sts 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 }. ~ Jl
day of')mTr~\)inL. ,19 <=1"'\
JUDD LOT 23, LLC,
a California Limited Liability CO[Tlpany
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(Signatures must be notarized,
Notary;form attached)
,~(- C~~~FORNIA ALL.PURPol ACKNOWLEDGMENT
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County of S' 0.. '^- l) I- iO ') 0
On 5eptel'Vll1ey Dld-. ",d I~ ~<1 before me, JOcYl. ~m","h~~~;c~~':~J~D~~''YPC~'c}
personally appeared J c l1 VI 1> ,lla.-d tI. Vl.d J t;"d d ~, 1-1 a I R., Z a ,J rt,
State of
J- - - - ~~~u~=-f
I ~ Notay Publ1c - CaIlforria ~
i~_My_~'~~~1
P",,!ol'-<-,
Name(s) of Signer(s)
o personally known to me
g proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s).iefare subscribed to the
within instrument and acknowledged to me that he+6IleIthey
executed the same In hisfherltheir authorized capacity(ies),
and that by hWAer/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument
WITNESS my hand and official seal.
4~l~c~;dtt.h-
OPTIONAL
Though the information below is not required, by law, it may prove valuable,fo persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Cf-n-tM
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Number of Pages:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - D'Limited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or Conservator
o Other' Top of thumb here
0' Individual
0' Corporate Officer
Title(s):
0' Partner - 0 Limited 0 General
0' Attorney-In-Fact
0' Trustee
0' Guardian or Conservator
0' Other'
.
Top of thumb here
Signer Is Representing:
Signer Is Representing:
C 1995 National Notary Association' 8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184
Prod, No. 59J7
Reorder: Call Toll-Free 1-800-876-6627
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed' by the deed or grant dated
~,~~~ ~) \qqq_ from Judd Lot 23, LLC, a California Limited Liability
Company, 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: ~ . Cbl, \qqq
By' ~~~
, ~~ Ln'\
Lori Anne P~opfes, City Jerk lY'
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EXHIBIT 'A'
Legal Description
Waterline Easement
801-01-380
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4885
All that portion of Lot"23 of City of Poway Tract 87-13, Unit 1, in the City of Poway, County of San
Diego', State of California, ,according to.the Map thereof No, 12556 filed in the Office of the County
Recorder of San Diego County, February 8, '1990, being two strips of land described as follo>>,s:
Parcel 1
Commencing at the southwest corner of said Lot'23, said corner being a point on the northerly right-
of-way line of Stowe Drive (65'00 feet wide), said point also being on a 3532,50 foot radius curve
concave southerly; thence along the westerly line of said Lot23; North 04054'00" West, 1 0 00 feet, to
the True Point of Beginning, said point being on the northerly line of a 10 foot general utility
easement per said Map 12556, being a point on a 3542,50 foot radius curve concave southerly, a
radial line to said point bears North 04054'00" West; thence continuing along the westerly line of
said Lot.23, North 04054'00" West; 5 04 feet; thence leaving said westerly'line, North 85025'43" East,
22,67 feet, to the westerly line of a waterline easement per document recorded September 3, 1999
as Instrument No 1999-0609832, 0 R, thence along said westerly line of said waterline easement,
South 04053'58" East, ~,98feet, to the northerly line of said general utility easement, being a point
on said 3542,50, foot radius curve concave southerly, a radial line to said point bears North 04032'00"
West; thence westerly along said curve through a central angle of 00022'00", an arc distance of
22,67 feet, to the True Point of Beginning,
Parcel,2
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Commencing at the southeast carrier of said Lot 23: said,corner being a point on the northerly right-
Qf~way line'of Stowe Drive (65 aOfeet wide), said point also being on a 3532,50 foot radius curve
C9ncave southerly; thence along,the easterly line of said Lot 23, North 03009'46" West, 1002 feet, to
the True Point of Beginning, said poiDt being on the nQrtherlyline of a 10 foot general utility
easement per said Map 12556, being a point on a 3542,50 foot radius curve concave southerly, a
radial line to said point bears North 00019'28" East; thence continuing along the westerly line of said
Lot 23, North 03009'46" West, 6 01 feet;, thence leaving said easterly line, North 89047'23" West,
14 32 feet, to the easterly line of a waterline easement per document recorded September 3, 1999 as
Instrument No 1999-0609832, 0 R; thence along said easterly line of said waterline easement,
South, 04053'58" Ea,st, 6 02 feet, to the northerly line of said general utility easement, being a point
on said 3542:50 foot radius curve concavesoutnerly, a radial line \o.said point bears North 00005'45"
East; thence easterly along ~?id curve through a central angle ,0100013'43", an arc distance of 14 14
feet, to the True Point of Beginning,
Se'e Exhibit 'B' attached hereto and by this reference made a part hereof
2U
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Bill Goodwin LS 6:468 Date
My registration expires 3-31-2003
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TRACT 87-13, \ \ I
12556 \ I
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EXIST. WATER EASEMENT, I \ \
PER DOC. NO. 1999-0669832 \ ,....J \
DATED 9/3/99 \ ~ \ I ~cr: I
EXIST. 13' WIDE SDG&E ASEMENT \ '.nIl w
PER DOC. NO."'1991-0068401 v ~
REC, 2/13/91. I "'! I I N I
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10' GENERAL UTlUTY. _ . \ ~[\ 18 '\
EASEMENT :~ MAP 12556 =- _ -=- =J-- ~ :.,7 ~L8 ~
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EXHIBIT "B"
LOT ,60
LOT 19
EXIST SDG&E EASEMENT
PER DOC. NO. 90-018787
REc. 1/11/90,
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PARCEL 1
PARCEL MAp 18030
PARCEL 3
PARCEL MAP 18030
1""'60'
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SCALE: 1"~60'
9/19/99
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EASEMENT DATA TABLE
NUMBER D- R L-
Cl 00'22'00" 3542.50 22.67
C2 00"1,3'43" 3542:50 14.14
NUMBER DIRECTION DISTANCE
11 N 04"54'00" W(R) 10.00'
L2 N 04'54'00" W 5:04:
U N 85'25'43" E 22.67'
L4 N 04'53'58" W 4':98:
L5 N 0.3'09'46" W 10.02'
L6 N 04'53'58" w 6:02'
L7 N 89'47'23" W 14.32'
'L8 N 03'09'46" W 6.01'
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23, POWA Y
M;.\P NO
~886
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R~3532,50'
5
L~322, 72' \
T,P,O,B,~
_ ~RIVE _ _ !,AR 2
WA TERLlNE EASEMENT PLAT
_III F ARRING TON ENGINEERING CONSUL TAN TS
__ CONSULTING CII/1L ENGINEERING
. 11679 I/1A FlRUL
SAN DIEGO, CA. 92128
(619) 675-9490
PROJ, NO, PO 36,01-8,98
DRAWING NO, 801 01-380