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Grant of Easement Water Lines & Appurtenances 1999-0649235 '.. I" . _ I:-'s:" \, "~.. -. ~ -- . .- RECORDING REQUESTED BY ~ \ . If DCPk ~~ \ l0"'../ CITY OF POWAY 2?37 DOC! 1999-0649235 ) ) SSP 23, 1999 9:19 AM. ) OFFICIAL REalRDS ) SAN DIEGO COUNTY RECORDER'S OFFICE ) GREGORV J. SMITH. COUNTY RElIIRDER ) FEES: 0.00 . ) DC: NA ~ -'II I III 1ll11111111l III 111111111 r ) 1999,0649235 ) (This space for Recoraers use; NO DOCUMENT TRANSFER TAX NO FEE ANDWHEN RECORDED MAIL TO' CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 No'transfer tax due Tax Parcel No. 317~270-54 GRANT OF EASEMENT (WATER liNES & APPURTENANCES) WE 801-01-372 ALFA DEVELOPMENT, LLC,.a California Limited Liability Company (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter"GRANTEE"), its succe~sors, 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,.Jep1aCei repair, maintain,. and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenance?, including, but not limited to, facilities forpowe'r 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 adjacentlands, without any additional compensation therefor. The land encompassing this ~asement is situaied in the County of SAN DIEGO, State of California, and is more particularly described as follows, to wit: ALL THAT PORTION OF PARCEL MAP NO 17815, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 22,1997, AS FILE NO 1997-27344 OF OFFICIAL RECORDS 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.anyother vegetation or flora within said easement without the express wr,itten approval of the City of Po way as evidenced by the,signature of the Director of Development Services on an approved plan. GRANTOR, its heirs, successors and assigns shall not digordrilla'ny hole or wells on any portion of the easement. . . 2438 . GRAfHEE 'may useallg~tes and fences which, now'or'later,"c~oss any portion oHhe easement. GRANTEE shall also be entitled to'trim, cut, or clear away or remove any trees, brush, or. other vegetatiolJ or flora from time to time as GRANTEE determines in its sole discretion without anyadditi6nal compensation. GRANTORagrees that no oth~r easement or easements shall be granted on, under, or over this easement without obtaining the prior written consent of GRANTEE. GRANTEE may,atcWY 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 itmay determine in its s91e discretion fromtimetb 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 (llso understood and agreed by the parties thattheGRANTOR:and the GRANTOR's heirs, successors, or assigns, shall not ihcrease,or decrease or permit to be increased or decreased the existing ground elevations of the above described easgment which exists at the time this. document is execUted without obtainil7lg the prior written consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or not Iitigation'is cori1menced;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 entitied 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 represerits that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 24TH day of AUGi)ST.l,~.: ,,19 99 ALFA DEVELOPMENT, LLC a Californi? Limited Liability Company ~o,,~~1O ~~~ ****SEE ATTACHMENT FOR OFFICAL SEAL*** (SignatUres must be notarized. Notary form attached.) . . 24,39 - @1992'NAT10NAL NOTARY ASSOOATION. -8236 Remmet Ave., P~O-BoK71a4-;-Cao.o9a~Pili1\-:-CA~91309'- ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No ~---"-s.---'-",>-"'-"'...;.-s.S~'>'=>"J.~~-s.<;.,>_'-.",;;,-''-:---'-..-'_'-..-'~''-..''':''''_-----''_'-...-''-''>S~-'---"'-..'-,.~-'~"S-'<""'--"-""~':::",-'-..'-:>-",>S--=-",:>-~~.:<-.-"<""S-'-,._-'~~'>~-'--;. _ OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER 1 hoUgh statute dOes not require the Notary to fill in the dalG below, doing so may prove Ifwaluable to persons relying on the dOcument o INDIVIDUAL o CORPORATE OFFICER(S) } State of CALIFORNIA County of SAN DIEGO MARCELLA PULLUM NAME. TITl.E OF OfFICER E G 'JANE DOE. NOTARY PUBLIC On AUGUST 24, l~Sore me DATE ' ****ALDO personally appeared CERCIELLO************************** TITl.E(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY,IN,FACT o TRUSTEE(S) o GLJARDIAN/CONSCI1VATOl1 o OTHCR NAME(S} OF SIGNER(S] o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) wllose name(s) <Glare subscribed to the within instrument and ac, knowledged to me)Q,at he/she/they executed the same in ~her/th8if~thorjzed capacitY(les), and that by cfu.sJller/their signature(s) un the instrument the person(s). or the entrty upon behalf of which the pelson(s) acted, executed the instrument. J~- - - - =;U'l~.;2J-l ~ Notary PullIlc - CaIIkmlllI " 2 San DIego Counly - t_ _ _ ~~~_oe:l~~l SIGNER IS REPRESENTING 1,J\Ml..: or f'[;r~scm(s) on L:fHIl Y(IES) ..'______ WITN[SS~I -dt}";;;~~;~ ;;;;;;, THIS CERTIr-1CATE MUST BE ATTACHED TO TnLE OR TYPE or DOCUMENT***GRANT OF 1 HE OOClHv1Ef-J r DF :;Cf W3LD (,1 fll(;1 n EASEMENT******* r~\H/,I}[H UI fJAI-;[<; _(5) r If, 1 L or: {>~ II ~lJt,1EI J 1 AUGUST -24',-1999--- 1.h'X.>gI~ \II" ,1aL;j ,,,q'jc:;I,>{j Ill"': i~j ,,,,1 "'!ju".',J tJY I;JW it CQUId rx~V<:!'ll tralj(ju!(~nl 'f!an;j.t;t\rr,,~nl of !!Ii~, 1<1fll\ :;iGUI-H(:.3'i ()T I H:ll TI tM~ f-JAME() M30V\-_ ---~-"'-----'-~-- --.-- - -. - .-~-' --~----~---~--- -. - -'--. . . \ 2440 Exhibil' 'A' 20 foot Water Easement Parcell Parter Map 17815 WE 801-01-372 That portion of Parcell of Parcel Map No 17815, in the City of Poway, County of San Diego,. State of California, recorded in the office of the County Recorder of San Diego County, on January 22, 1997 as File No 1997-273'44 of Official Records, The centerliiH: of the 20 foot water line easement being more particularly described as follows. A strip of land 2000 feel'in width being 1000 feet on each side of the following described centerline Beginning at the moslsouthwest corner of said Parcell thence North 2040'24" Easla distance of 10 00 feet to the northerly line of a 10 00 fool' Public Utility Easement per Map No 12572 and a 10 00 foot Pacific Bell Easement recorded 9-6-91 as Doc No 1991-0456675, thence easterly along said northerly easement line South 87018'16" East a distance of 500 feet to the'TRUE POINT OF BEGINNING, thence North 2040'24" East a distance of 7 11 feet; thence North 47041 '44" East a distance of 28,28 feet; thence North.2~41 '44" East a 'distance of 190 03 feet; thence North 87018' 16" Wesra distance of 19 00 feet to a point of terminus The sidelines. of said 20 00 f90t easement shall be prolonged or shortened southerly to the westerly lot line and said northerly easement line. Contains 4,815 square feet. 1 of 3 WA TERLlNE EASEMENT WE 801-01-372 DA TE. 4-26-99 DRAPER ENGINEERING PO. BOX 3346 LA MESA.CA 91944-3346 619~46:4-6528 FAX 619~464-8753 JOB NO. 2598 Dwe NO. '. LEGEND . EXHIBIT '8' 2441 , EASEMENT - [XISTlNG EASEMENT La, 63 ,RAC, No. 86-04-2 SCALE. 1 "=40' PARcEL 1 PARcEL MAP 17816 20' WA TER EASEMENT SEE EXHIBIT '8' SHEET 3 OF 3 . pARCEL 2 EXISTING PUBLiC UTILITY EASEMENT ~ PER MAP NO 12572 -'::L__ SCALE. 1 "=40' DA TE. 5-24-99 DRN. JD CK. JD KIRKHAM WA Y SHEET 2 OF 3 WA TERL/NE EASEMENT WE 801-01-372 ORAPER ENGINEERING PO. BOX 3346 LA MESA, CA 91944-3346 " 619-464-6528 FAX 619:c..464-8753 l[) ~ Jo.B NO.. 2598 OWG NO. EXHIBIT . . 24.42 WA TER EASEMENT DA TA CDURSE DR DEL TA RADIUS DISTANCE CD N 2'40.'24" E 10. 0.0.' (1) N 87'18'16" W 5.0.0.' 0 N 2"40.'24" E 711' <: ~ 0 N 47'41'44" E 28.28' ~ C) 0 N 2'41'44" E 190.. 0.3' ~- -l>. , 0 N 87'18'16" W 19.0.0.' "1 0 r-- N 87'18'16" W 60.8' C) "i r-- ~ I'lj SCALE. 1 "=30.' EXISTING PACIFIC BELL EASEMENT REC. 9-6-91 DDC. NO. 1991-0.456675 P 1\ r) r' r=' I -j r\rl U~.:.......J P "J\;L -j 7 B -j 5 ~ --.. " --.. "" EXISTING PUBLIC UTILITY EASEMENT PER MAP NO. 12572 S. W CDR. PAR 1 KIRKHAM WA Y W SHEET 3 DF 3 WA TERLlNE EASEMENT WE 801-01-372 SCALE. 1 "= 3D' DA TE. 5-24-99 DRN. JD CK. JD JOB NO.. DRAPER ENGINEERING P a. BOX 3346 LA MESA, CA 91944-3346 619-464-6528 FAX 619-464~8753 OWG NO. 2598 " . 2443 . CER:TIF-ICATEOF ACCEPTANCE ., Thisist6 certifY that the interest In real property conveyed by the deed orgrantdated AugusJ 24, 1999, from Alfa Development, LLG, a California General Partnership, to-the City qfP()Way,.a political corporation and/orgovernmental agency, is hereby accepted'by the undersigned officer or agent on behalfofthe CityC6uncil 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:.. S~-t-eiY'loer ZI, \99~ By' ci mL '~ Q "'fOn)Y Lori Anne Peoples, City Clerk