Grant of Easement Water Lines & Appurtenances 1999-0835616
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REC,ORDING RE0UESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO'
. CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
" No'transfertax due
\ Tax Parcel No 317-810-30
nY~V
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2055
DOC' 1999-0835616
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NO DOCLJMENTTRANSFER TAX
Dee
28,
1999 8:()5
AM
DFFICIAL RECORDS
SAN DIEGO COUNTY REClJRDER'S OFFICE
GREGORY J'. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
NO FEE
GRANT OF EASEMENT
(WATERLINES & APPURTENANCES)
WE 801-01-345
JOHN F LA BARBERA AND GINA M. LA BARBERA, TRUSTEES OF THE JOHN F LA
BARBERA AND GINA M, LA BARBERA 1997 FAMILY TRUST, (hereinaft~r "GRANTORS")
h'erepy gr~nt to CITY OF POWAY (hereinaf!er "GRANTEE"), its successors, or assigns, the
following d~sC?ribed easement for a right-of-way, i~, upon; over, under and across the lands
described i.n Exhibit "A," and depicted in Exhibit "B," to erect, construct, reconstruct, replace,
repair, maintain, and use a pipeline or pipelines for any ancj all purposes, together with such
fixtures and appurtenances, induding, 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 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 adjacent lands, without any additional compensation therefor
The land encompassing this easement is situated in the County o~ SAN DIEGO, Stilte' of
California, and is more particulatlydescribed as follows, to wit:
ALL THAT PORTION OF LOT 26 OF PARCEL MAP NO 16700, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RFCORDER OF SAN DIEGO COUNTY ON DECEMBER 2,1991
GRANTORS, their heirs, successors and assighs',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
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 Services on an
approved plan, GRANTORS, their 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 gatelnd fences which, now or later, cross any portion of the easement
GRANTEE shall 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,
GRANTORS agree that no other easement or easements shall be granted on, under, or over
this easement 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 right-of-way, or modify the size of
existing pipelines or other improyements 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,
It is also understood and agreed by the parties that the GRANTORS and the GRANTORS' 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 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 cornmenced, 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
costs of the proceeding, which shall 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 ~TNESS WHEREOF, the GRANTORS have executed this Easement this 777-1 day
of llrUr;/Sl/L ,19QQ
JOHN F LA BARBERA AND GINA M,
LA BARBERA, TRUSTEES OF THE JOHN F
LA BARBERA AND GINA M, LA BARBERA 1997
FAMILY TRUST
k~
HN F LA BARBERA, TRUSTEE
.J~ 1rJ (Ji~-( ff~ A ~ r
GINA M, LA BARBERA, TRUSTEE
(Signatures must be notarized
Notary form attached)
CAUFORNIA ALL_PURPOSE.ACKNOWU!:O(iMENT
Slate'o,_ '/laPD/ll'JrA
County of ~ pr7l'-:>
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0nJ}-C T'l/ IW19 before me, C'A-/lO/) #elM] yf'lJ T17f--91?t1(7'i-
DATE NAME,TITLEOFOffICER E.G~.JANEDOE.NOTARY~
personally appeared \70 1-/nJ F, LA 6;'/ /l.IJl tU1
NANlE(8J OF SIGNER(S)
o personally known ~o me - OR - S-proved to me on the basis of satisfactory evidence
to be the personJ61' whose name.ksr@La,.:e
subscribed to the within instrument and ac-
knowledged to me th~.sl>ettl:ley executed
the same in @~/tU.9-ir authorized
capacity~, and that by@b-e-r1tb.e-i1"
signature\8fon the instrument the person\8j,
or the entity upon behalf of which the
personjii) acted, executed the instrument.
~ -. - - - - ;AR-;~P;'C~- - ~
fj commission # 1226538
i ,.,,; NolCll)' Publ'lC - California ~
t. San DIegO County. 1
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SIGNATURE OF NqT AAY
OPTIONAL SECTION
lHlS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
DATE OF DOCUMENT
NUMBER OF PAGES
Though.the data rcquested here is not required by Law,
it could pre.....ent fraudulent reattachment of this 10m. SIGNER(S) OTHER THAN NAMED ABOVE
....
_ OPTION:ALSECTION _
CAPACITY CLAIMED, BY; SIGNER
Trough "'"... does not ,reqW-e the'~ I<l
WI In the data bel?w, dolng,so_may prove
wwa.h.J3b'e to persons relying on u-\e d6curneoi
o INOIVIOUAL
o CORPORATEOFFICER(S)
TlTt.E(S)
o PARTNER(S) 0 UMITEO
o GENERAL
o ATTO~~EY'IN-FACT
~ TRUSTEE(S)
o GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING.
NMotE OF PERSON{S) OR ENTrTY(IESI
-~-------_..__.__._..._-
@1992 NATIONAL NOTARY ASSOCIATION ~ 8236 Remmel Ave., P.O. Box 71&4 ~ Canoga Pan... CA 9130':
,
~ALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT N,
:~:~:::(i)UF~~::u;;r-~--'>~"-"~~'o~~~~=-'o'>'>-'>-""'>-'>'>"-"-'>-"--'>-"-~~"''>-'>~--'''>--'O~~;~~~~~~~-=-
. ~ " i/J} CAPACITY CLAIMED BY SIGNER
County of /J/l/II '~.l:'rN Though staMe dOes not require the Notary \0
,. Hl( in the data below, doing so may prove
/1 4 .-.A # invaluable to pel'SXlS relying on [he document.
onJ>U> ?t/qrt"r before me, lAt,".iJ(5 J!:h (t"rlJ4-i //D'l/!!f!i. r7dtfLrC:. 0 INDIVIDUAL
o A. ~ME. E OF OFFICER E.G., "JANE OOE, NO ARY P BUe"
D CORPORATE OFFICER(S)
personally appeared NIT!2J. M~lffl(../I
. NAME~OF SIGNER{~
o personally known 10 me - OR --Q-proved to me on the basis of satisfactory evidence
10 be the person~whose name.(.>;) ~
subscribed 10 the within instrument and ac-
knowledged to me Iha~@'tl:le1'executed
Ihe same in .I,,;'sl~tb....rr authorized
J - - - - - - - capacity~. anchhal by ~/I~
-..:..: CARD - - - fs,gnalure(g'J on tile instrument tile person.,,*,
-(1-- comm~:~HAT ror the entity upon behalf at which the
1 ,.,,; Notary PubliC -cali~ f person,\.efacted. executed the instrument.
~ San Diego County -
J _ _ _My_~':~~27.:~f WITNESS my h
'TITlE(S)
o PARTNER(S)0 L1MITEO
o GENERAL
o ATTORNEV.IN,FACT
g.rRUSTEE(~)
o GUARDIAN/CONSERV/,TOR
D OTHER:
SIGNER IS REPRESENTING:
NAME or: PERSON(S) OR ENlIlY(I(S)
THIS CERTIF'CATE MUST BE ATTACHED TO
THE oocur..-l[':fn [)[-SCHI['j[.:D fd f1IGlri
OPTIONAL SECTION
TITLE OR TYPE or DOCUMENT
NUt/,U[H ()f fJ1,C,l:S _.___
Dfd E UI- UUCUIM:1J1
lllQU'"JIl l!w d~IL;1 ":<lu,~~.l,--C Io,~,,:,~ ,,,,I "~'lU"{"J l,y t'J.....
~ CQUl.d D'~vr:nll';;\y1uj('nl f'~.trt;j<;1"n...."1 o( l1',~, (,,'n,
~IGfJ[H(S) Olin I, lli/dJ IMI.H.O A(1CJ"1. __~~_____ -~--_.._._-----
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EXHIBIT "A"
PUBLIC WATER EASEMENT FOR LOT 26, PARKWAY BUSINESS PARK
WE 801-01,345
A 20 FOOT PUBLIC EASEMENT FOR WATER FACILITIES AND APPURTENANCES, TOGETHER WITH
THE RIGHT OF INGRESS AND EGRESS ACROSS A PORTION OF LOT 26 OF PARCEL MAP NO
16700, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO C01JNTY, DECEMBER 2, 1991 AS FILE NO
1991-0619281 OF OFFICIAL RECORDS, THE BOUNDARY OF SAID EASEMENT BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 26, THENCE ALONG THE EASTERLY LINE
OF SAID LOT 26, S 10017'00" E, 13.00 FEET TO THE SOUTHERLY LINE OF AN EXISTING 13 FOOT
SD G.& E. UTILITY EASEMENT PER DOCUMENT RECORDED FEBRUARY 13, 1991 AS FILE NO 91-
0068401 OF OFFICIAL RECORDS: THENCE LEAVING THE EASTERLY LINE OF SAID LOT 26, S
79043'00" W, 16.88 FEET ALONG THE SOUTHERLY LINE OF SAID 13' UTILITY EASEMENT TO THE
TRUE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTHERLY LINE, S 09"20'00" E, 20.00 FEET,
THENCE S 79043'00" W, 9.78 FEET, THENCE S 08'35'18" E, 156.19 FEET, THENCE S 81024'42" W,
35.12 FEET, THENCE N 08035'18" W, 20.00 FEET, THENCE N 81024'42" E, 15.12 FEET, THENCE N
08035'18" W, 135.60 FEET, THENCE S 79043'00" W, 50.29 FEET, THENCE N 81"31'34"E, 45.68 FEET,
THENCE N 09044'23" W, 18.85 FEET TO A POINT ON A 4,045.50 FOOT RADIUS CURVE CONCAVE
NORTHERLY, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID 13' UTILITY EASEMENT, A
RADIAL LINE TO THIS POINT BEARS S 09035'53" E, THENCE EASTERLY ALONG THE ARC OF SAID
CURVE AND SAID SOUTHERLY LINE THROUGH A CENTRAL ANGLE OF 00041'07", A DISTANCE OF
48.39 FEET, THENCE TANGENT TO SAID CURVE N 79043'00" E, 77.50 FEET ALONG SAID
SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING.
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
,
EXHIBIT 'B'
801-01-345
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PARCEL 26 ~V\~
PROPOSED PU8UG ~ \
WA 1ER EASEMENT
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MAP NO" -J6700 -\ \'<0_
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15,12'
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20,00' ~ .4'42"W
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18,85'
1'181 '31 '34"E
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o EXIST. 10' GENERAL UTlUTY
EASEMENT PER MAP NO. 12556
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SCALE: 1"-40'
@ EXIST. 13' SDG&E EASEMENT
REG, 2-13-91 AS FILE NO,
91-0068401, O,R, NB4'38'30"E
169,25'
2059
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51017'00"E
13,00'
S09'20'oo"E
20,00'
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
fJiU'~ 7,. /C/9,f from John F La Barbera and Gina M La Barbera,
Trustees of the 1997 John F La Barbera and Gina M. La Barbera 1997 Family Trust,
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
){},-f)3-9'9
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Lori Anne Peoples, City Clerk
By'
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