Grant of Easement Water Lines & Appurtenances 1999-0649233
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DOC! 1999-0649233
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REC0F\DING REQUESTED BY'
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NO DOCUMENT TRANSFER TAX
NO FEE
Sap 23.
1999 9:17
AM
CITY OF POWAY
ANDWHEN'RECORDED MAIL TO'
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE'
GREGORY J. SlIITH, COUtlTY RECORDER
FEES: 0.00
DC: NA
I III IIllllr'
1999,0649233
CITY. CLERK
CITY OF POWAY
P 0, BOX 789
POWAY, CA 92074
No transfer tax due
Tax Parcel No, 317-281-16
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-375
LAINER BROTHERS, a California General Partnership (hereinafter "GRANTOR")
hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors, or
assigns, the following described~asement for a right-of"way, in, upon, over, under and
across the lands described ir:1 Exhibit "A," and depicted in Exhibit "B," 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 ih its s'ole discretion without
any additional.compensation therefor, together with the right'of ingress and egress from
the easeryient by a practical route;orroutes in, upon, over,or across the iand 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 encompassihg this easement is situated in the, County of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
I
ALL THAT PORTION OF LOT 99 OF CITY OF POWAY TRACTNO, 85-04 UNIT 2,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE'OFCALlFORNIA, '
ACCORDING TO MAP THEREOF NO 12572, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28,1990,
GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to
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be erected or constructed any building, structure or improvement or plant any tree or
trees or plant,any'othervegetation or flora within said easement without the express
written approval. ofthe;CityofPoWay 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 ofthe easement.
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GRANTEE may use all gates and fences which, now or later; cross allY portiohof the
easementGRANJEE shalj 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
its sole discretion without any additional compensation,
GRANTOR agrees that no other easement or easements shall be granted on, under, or
over this easement without obtaining the prior written consent of GRANTEE,
GRANTEE.,mayat 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,
ltis 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 elevatic:ms 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
commenc,ed, or ifany 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 warra[1ts and represents that GRANTOR has the power to grant
this easement in accordance with its terms,
IN WITNES~ WHEREOF, the GRANTOR has executed this Easement this 23A.p
day of ---8.""... ~ l' , 19 q <J
LAINER BROTHERS
a California General Partnership
?fd~
vfZ $~
(Signatures must be notarized,
Notary form attached,)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'2 s~;e:f~-~~~::~:gr::s ~L} - ,,= '--"-oZffl"'----~~..,.-
County of
.....
:--:
- OPTIONAL SECTION _
CAPACITY CLAI~ED BY SIGNER
Thoug\ 6ta~ docs no(' reqUre the' Notary ~
fill In, the data, below, doing GO'may prove
fflaluabIe to pelSOnS ~ on the documeot.
o INDIVIDUAL
o CORPORATE OFFICER(S)
Linda C. Newman, Notary Public
NAME. TInE Of' OfFICER E.G "JANE DQE:NOTARY PUBUC'"
On Aug. 23, 199%efore me,
DATE
Nahum Lainer and Luis Lainer
NAME{S) OF SIGNER(S)
personally appeared
Tm.E(S}
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORN.E;:,jN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
!Xl personally known ~o me - OR - 0 procwlIilllJtlllClt<<lC>J014llldlJMMlOOIif;JooII!~'!\illjfll\Gl;
to be the person(s) whose name(s) ,iware
subscribed to the within instrument and ac'
knowledged to me that tmi.~/they executed
the same in JtJiJikt~r/their authorized
capacity(ies), and that by *,*~/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
~ ~ - - - U~D:C~ N~':'; - f
_ " Commission,# 1.2C3402 z
~. ..,,; Notary Public. COlitom. io ~.
~ Los Angeles Coun1y i
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SIGNER IS REPRESENTING:
NAME OF PERSOt~{Sl OR ENTllY(IES)
WITNESS my hand and o,fficial seal.
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
DATE OF DOCUMENT
NUMBER OF PAGES
Though tile data requested here is nOI'required by law,
rt could prel/enllraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE
<&;11992 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O. Box 7184. Canoga Pal1\, CA 91309
:;ALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.
~_____-.._-:...........___-...~s.~-s.~<....--..'"":;.""?_<.':c_'__-"""""~~~__~'->_<"'--'':-'>_<'''''"'='-''='~___~''":;.~__,-->---,~~,->_'''':''''''''''_S<-.:-._~_,;",,--..---..,:>-~__~_-.._~..:...:<-..~,->-<..."-::-~_'-._,,~~<.....<;
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
ThOugh statute dOes oot require' tile Notary \0
fill in the data below, doing so may prove
invaluable 10 persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFiCER(S)
}
State of
County of
before me,
On
NA.ME, TITLE OF OFFiceR E.G -JANE DOE, NOTARY PUBlIC-
DATE
personally appeared
TrTLE(S}
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-'N,FACT
o TRUSTEE(S)
o GUARD'^N/CONSEIWMOI1
o OTHm:
NAME(S) OF SIGNER(S]
o personally known to me - OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the wittlin instrument and ac-
knowledged to me that he/she/they executed
Ole same III his/her/their authorized
capacity(ies), and that by ilis/her/tileir
signature(s) on tile instrument the person(s),
or tile entity upon behalf of Wllich tile
person(s) acted, executed the instrument.
SIGNER IS REPRESENTING
r;Ar.',E OF PEFlSON(S} OR ErH 11Y(IES)
WITNESS mv h3nd Gild offici;)1 seal.
:.iI\;rJl'TLJIH; (If NOTMW
OPTIONAL SEClION
llTLE OH TYPE or DOCUM[NT
THIS CERTiFICATE MUST BE ATTACHED TO
THE DOCUMEr-Jl DFSCf1.IBED ^ T n.IGI n
[)I' Tr OF Dor;Uf.1El J 1
rJUf.mU~ 01- f>fd~[:_;
Tll<".>vgh 1I)f~ ddt;ll'~qw~:;l'_'jj I";f': ,~; nl)f,r.:,~uif,:J l)y'I;J''''
r, (X)o.JWj p<f~v'~nl Ir;1l~1<Jl'~nl I'~illl;lr;'hrn~"l ollhi:<; l')fT11
:.~IGf'JEH(~;) I) II iU'l T IIM'J nM.A[:() AflOVL
.,,_n_ ____~_~____~-.4-__' ~ ~ .', ',~ - -~ -----.-------~--.---- --. - .~-
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CERTIFICATE OF ACCEPTANCE
This is to certitythat the interest in real property conveyed by the deed or grant dated
Aligust 23, 1999,
from Lainer Brothers, a California General
.,
Partnership, to the City of Poway"a political corporationand/or govemmental 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: !Jl\'l{"S,c,-'\- 210, \C\qq
By. 9'"; ,n~ .-R<fO'''/
Lori Anne Peoples, City Clerk
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2432
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EXHIBIT "A"
WE 801-01-375
That portion of Lot 99 of city of poway Tract No, 85-04, unit 2, in
the city of Poway, c:ounty of San Diego, State of California,
according to Map thereof No. 12572, filed in the office of the
county record of said county February 28, 1990, being a strip of
land 20,00 feet wide lying 10.00 feet on each side of and parallel
with the following described centerlines:
Beginning at a' point between the easterly and southerly lines of
said lot on a curve concave southeasterly having a radius of 55.50
feet, a radial line to said point bears North 26 53'44" West;
thence North 21 30'OO"East 258,02 feet to Point "E"; thence North
21 30'00" East 150.70 ~eet; thence North 27 10'15" West 66.04 feet;
thence North 75 50'29" West 64.60 feet to Point "0"; thence North
75 50'29" West 336.04 feet to Point "C"; thence North 75 50'29"
West 5.60 feet; thence South 21 30'00" West 215.63 feet to Point
"B"i thence South 21 30'00" West 185.00 feet; thence South 68
30'00" East 132.00 feet to Point "A"; thence South 68 30'00" East
296.50 feet to point "F"; thence South 68 30'00" East 23.82 feet to
a point on the said mentioned curve of radius 55.50 feet, a radial
line to said point bears North 27 10'21" West,
Also: Beginning at the above mentioned Point "A"; thence South
21 30'00" West 30.00 feet to a point of termination.
Beginning at the above mentioned Point "B"; thence North
68 30'00" West 50,00 feet to a point of termination,
Beginning at the above mentioned Point "C"; thence North
14 09'31" East 34,00 feet to a point of termination.
Beginning at the above mentioned Point "0"; thence North
14 09'31" East 50,43 feet to a point of termination.
Beginning at the above mentioned Point "E"; thence South
68 30'00" East 27.00 feet to a point of termination.
Beginning at the above mentioned Point "F"; thence South
21 30'00" West 37.14 feet to a point of termination,
The sidelines of said strips of land shall be lenghtened or
shortened 'at the boundary line of said lot so as to terminate
in said boundary line.
Attached EXHIBIT "B" is a part hereof.
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. '.WATEELINE EASEMENT PLAN
WE 801-01-375
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OBI REORDER NO: A14987.
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FERGUSON ENGINEERS
DRAWN BY' ~ W F
CHECKED BY'
ENGINEERING. BUIL..DING DESIGN. SURVEYING
888-15342:
DATE, ,wAY /5, /!J!J~
JOB NO t503-4-f!J
1894!S VINTAGE ST NORTH RIDGE. CA. 9132.4