Grant of Easement Water Lines & Appurtenances 1999-0649235
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.- RECORDING REQUESTED BY
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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.
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. 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.)
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24,39
- @1992'NAT10NAL NOTARY ASSOOATION. -8236 Remmet Ave., P~O-BoK71a4-;-Cao.o9a~Pili1\-:-CA~91309'-
~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No
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_ 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*******
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r If, 1 L or: {>~ II ~lJt,1EI J 1
AUGUST -24',-1999---
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it CQUId rx~V<:!'ll tralj(ju!(~nl 'f!an;j.t;t\rr,,~nl of !!Ii~, 1<1fll\
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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
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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--
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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
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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
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2443
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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