Grant of Easement Water Lines & Appurtenances 1999-0506306
4. No transfer tax due
(\1 Tax Parcel No. 317-270-13
(\\
[, (WATER LINES & APPURTENANCES)
~'< WE 801-01-348
\) J.P HODGETTS & ASSOCIATES, a California Corporation (hereinafter "GRANTOR") hereby
~_ ,grants to CITY OF POWA Y (hereinafter "GRANTEE"), its successors, or assigns, the following
. :- NY described easement for a right-of-W. ay, in, upon, over, under and across the lands described in
O&tJ I 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 in its sole discretion
without any additional compensation therefor, together with tneright of ingress and egress from
the easement by a practical route ououtes 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
adjacen1lands, without any additional compensation therefor
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2182
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RECORDING REQUESTED BY
CITYOFPOWAY
AND WHEN. RECORDED MAIL TO'
CITY CLERK
CITY OF POW A Y
P,O BOX 789
POWAY, CA 92074
DOC t 1999--0506306
Jul
2.2,
A/'1
1999
8:17
OFFICIAL RECORDS
SAN DIEGO COUfITV RECORDER'S OFFICE
GREGORV J. SMITH. COUNTV RECORDER
FEES: 0.00
DC: NA
-111111111111111111111111 r
1999,0506306
(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
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 58 OF CITY OF POW A Y TRACT NO 85-04 UNIT 2,
IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
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 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 ofthe City of
Poway as evidenced by the signature.ofthe 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 of the easement.
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2183
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GRANTEE may use all gates and 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 (;'omperisation.
GRANTOR agfees thatno other easement or easements shall be granted on, under, or over this
easement withoutobtail1ing the prior written consent of GRANTEE.
GRANTEE may atany 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.
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 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 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 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 represents that GRANTOR has the power to grant this
easement in accordance with its terms,
IN ~rJS WHERE~Fl;rTOR has executed this Easement this
t/
/d'
day of
(Signatures must be notarized.
Notary form 'attached.)
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County of _C\ N\ _ l ~() Th>ugll...... docs ""'n>qul<e .... """'Y'
~ _ ftlllo the data below "-'nn. r^'...... . ./...'
. ~.:'" ...., .._y pro\-'"
~ (\ I. kMlkJable" pee;oos relying on.... docuniinl
On .. . ,\ \qQC, .before me, \ .1f\e \.b.tTne.,((,L:. '"2-- o INDIVIDUAl
" ^ - I L-Lf '" ~...r' w.ME.~OFQfFfCE~.\El~.JMlEDOE.NOTARYPU6UC" t&CORPORAT
personally appeared ,). \"lIT \ (I y~ n.Oo. a.,~:5
NAME(S) CU'I~NER(S)
o personally known~on'1e - OR - rgl. proved to me on the basis of satisfactory evidence
to be the person(e) whose name(e) 1s/_
subscribed to the within instrument and ac-
knowledged to me that heIgl, ~ ~~ ry executed
the same in his/~ !il-eir authorized
capacity(lii!!&), and that by his~."t"I..j,
signature(.) on Ihe instrument the person(e),
or the entity upon behalf of which the
person(lIl) acted, executed the instrument
~~-----------
LUPE GLmERREZ
_ Commission # 1186545 ~
~ Notary Public <:alifomia f
~ ~ San Dieg~~~
My Camm. E>pre; Jun 11.2002
-- ...."...,...~~~
THIS CERTIFICATE MUST-BE ATIACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
Though thed3.ta requested here.is not rcquiredbylaw,
It'could prevent fraudulent reattachment 01 this form.
On
before me,
NAME. TlTlE OF OfFICER E,G.. "JANC DOE. NOTARY PUBLIC'
DATE
personally appeared
WITNFSS my hand and official seal.
ll1U(S)
o P RTNER(S) 0 UMITEO
o GENERAL
o ATIO~~EY-IN'FACT
o TRUSn~E(S)
o GUARDIAN/CONSERVATOR
o OTHER;
SIGNER IS REPRESENTING'
NAME OF P[RSON{S) OR ErHlTY(IES)
OPTIONAL SECTIO
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES ~, DAn: OF DOCUMENT ~\ J \95.1-
SIGNER(S) OTHER THAN NAMED ABOVE ~
@1992NATIONALf4QTARY ASSOC1/oTlON" 8236 Remmel Ave.. P.O. Bo" 7184" Ca()(;Q3 Pa(\o; CA S
~ALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of } - OPTIONAL SECTlON-
CAPACITY CU\IMED BY SIGN
County of Though S'-.atvte dOes not require thc.Notar
Jill in the data below. doing so may pr
irwaluabk1lo persons relying 011 the dOCum'
o INDIVIDUAL
o CORPORATE OFFICER(S)
NAME(S) Of" SIGNER($)
o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose narne(s) is/are
subscribed to the within instrument and ac-
knowledged to rrlP. thdt he/she/they executed
the sarnp ill [lis/her/their- ;.iutrlori7cd
ca!Jaci1y(ie<~) and tflat by his/her/Ul~ir
si9rl:1!l1rc(s) Of1 tl\8 in~;lrlJrnenl tile p8[;'lJn(s)
III lhe (~ntity llpOfl bchCllf oj which till";
pCrS()(l(n 31~1~d C,"J;UItOJ l1H..; i(\st(IJrTli~(tl
VI/I 1 i'JLS~ ) IllY h;lnd ,l!Hj offiljal :c;r;;d
",,-,t<t.]IJfjl.' 1I"UI!lr,ll,
TfTLE(S)
o PARTNEfi(S) 0 LIMITED
o GENERAL
OATfOHf'.JLY IN-FN:l
o mUSllcHSI
o GlJAROI!..NICOr'JS(:Tlllf, 1 nil
o on!!,fj -- ----- ,-
._ __ - ____ _n'
SIGNER IS REPRESENTING
tU,~/,(: UI I'{'I,~-., It!I:') ,,)[1 Ull,I'((Il'~~l
OPTIONAL SECTION
THIS CnHlllCATC MU~T Ill:. A ITACHED TO
lHF nrY,:IHv1Un ()L~;i:I1I[3F[) (.1 Hlel,!
TITLE: on TYf)[ or DOClJM[Nl
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2185
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
}".11 J)/c;'i'1
from J.P Hodgetts & Associates, a California Corporation, to
the City of Po way, 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~
(;2 t!J. / 'l'l '1
.
BY'
1"'; Q~,-Q~
Lori Anile Peoples, City Clerk
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2186
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EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
WE 801-01-348
PAGE 1 OF 2
ALL THAT PORTION. OF LOT 58 OF CITY OF POWAY TRACTNO 85-04 UNIT 2 IN THE CITY
OF POWAY, COUNTY 'OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDiNG TO MAP
THEREOF NO: 12572, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY FEBRUARY 28, 1990, BEING A STRIP OF LAND 2000 FEET WIDE LYING 10'00
FEET ON EACH SIDE OF AND PARALLEL WITH THE. FOtLOWING DESCRIBED
CENTERlINES.
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 58, SAID CORNER BEING.A
POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GREGG STREET (49 00 FEET WIDE);
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 58 AND SAID SOUTHERLY RIGHT-
OF-WAY LINE, NORTH 72000'00" WEST 28A7 FEET TO THE TRUE POINT OF BEGINNING,
THENCE LEAVING SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT-OF,WAY LINE
ALONG SAID CENTERLINE, SOUTH 71008'10" WEST 21.99 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "A"; THENCE. CONTINUING SOUTH 71008'10"
WEST 44.72 FEET, THENCE NORTH 87018'16" WEST 15711 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B"; THENCE PARALLEL WITH AND 33.38 FEET
EASTERLY OF THE W'ESTERLY LINE OF SAID LOT 58, SOUTH 2041'44" WEST 4600 FEET
TO APoiNT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH
2041'44" WEST 236.54 FEET, THENCE NORTH 87'18'16" WEST 18.00FEET TO A POINT OF
TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS ANDTHESOUTHERL Y LINE OF SAID PUBLIC UTILITY EASEMENT
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 18051'50" EAST
12.50 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 2041'44" EAST
7 00 FEET THENCE. NORTH 14037'08" EAST 68.00 FEET TO A POINT ON THE
I, ", ", .." ..'
NORTHERLY L1NEOFSAID LCJT 58 (SOUTHERLY RIGHT-OF-WAY LINE OF GREGG
STREET), SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 1975.50 FEET (A RADIAL LINE TO WHICH BEARS NORTH 13013'29"
EAST) SAID POINT IS QiSTANT EASTERLY ALONG SAID CURVE AND SAID
NORTHERLY LINE AN ARC DISTANCE OF 48.14 FEET THROUGH A CENTRAL
ANGLE OF 1023'46"FROM THE NORTHWEST CORNER OF SAID LOT 58.
BEGINNING.AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 87'18'16" EAST
38.00 FEET TO A POINT OF TERMINATION.
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2187
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EXHIBIT"A"
PAGE 2 OF 2
TOGETHER WITH THAT PORTION OF SAID LOT 58 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 58; THENCE ALONG SAID
NORTHERLY LINE ,OF LOT 58 AND SAIDSOUTHERL Y RIGHT"CJF'WAY LINE OF GREGG
STREET, NORTH 72000'00" WEST 45,14 FEET TO THE NORTHERLY LINE OF THE
HEREINABOVE DESCRII3ED20,00 FOOT STRIP OF LAND AND BEING THE TRUE POINT OF
BEGINNING; THENCE~ONTINUING NORTH 72000'00" WEST 29,65 FEET TO THE
BEGINNING OF A CU'RVE C0NCAVE SOUTHERLY HAVING A RADIUS OF 1975.50 FEET,
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL.ANGLE OF 0039'09" AN
ARC DISTANCE OF 22.50 FEET, THENCE LEAVING SAID NORTHERLY LINE AND SAID
SOUTHERLY RIGHT-OF-WAY LINE ON A RADIAL BEARING OF SOUTH 17020'51" WEST
33,65 FEET TO THE NORTHERLY SIDELINE OF SAID .20,00 FOOT STRIP OF LAND;
THENCE ALONG SAID NORTHERLY SIDELINE, SOUTH 87018'16" EAST 10,97 FEET,
THENCE NORTH 71008'10" EAST51 47 FEET TO THE TRUE'POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PUBLIC UTILITY EASEMENT
AS SHOWN ON SAID MAP NO 12572
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
R
--
6=1"23'46" ~ IG'A'L-
L=48,14' - ,j"6~" C. GG 0 PROPOSED WATERLINE EASEMENT
~(/' S
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I - ~=4 "46'3 " ---l:~jJ--rE: E: r
. PUBLIC UTILITY Ii) \ - _--::::::-_-,:11" 1 R '=19"''' 78' ,
EASEMENT IN '-- ~ /..J
FAVOR OF PACIFIC - - -::: --2Q' 1..=. "?
BELL REC 9/6/91 AS I .... ~.~1~'gi3.93.JFQ. -----:::::J64,64'/{J
DOC NO 91-04566751 --J PUBLIC UTILITY EA'SEMENT yJ---
I PER MAP NO 12572 ~
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LOT
SCALE
DATE
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57
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20'
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1" = 50'
12/09/98
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POINT "C"
10 '
"B"
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LOT
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A
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CENTERLINE DATA
U S,14 "37'08"W 68,00'
L2 S,2"41'44"W 289,54'
L3 N.87"1B'16"W 18,00'
L4 S,2 "41 '44"W 7 ,00'
L5 S,2 "41 '44"W 46:00'
L6 S,87"18'16''E 38,00'
L7 S,87"18 '16''E 157 :1'1'
L8 N,7i "OB'10''E 6671'
L9 N71"08'10"E 44,72'
UO N71"08'10''E 21.99'
U1 S 18'51'50''E 12,50'
U2N,71 '08 '10"E 5147'
U3 S ,87" 18 '16 ''E 10,97 '
U4 N 17"20 '51 ''E (R) 33.65'
U5 S.72 "00 'oo"E 29.65 '
U6 S.72"00'00"E 45,14'
U7 S .72 "00 '00,"E2B 47'
U8 S,2 '41 '44"W 236,54
EXHIBIT "B"
WATERLINE EASEMENT
6=0 "39 '09"
L=22 ,50'
A
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PLAT
WE 801-01-34B
SPEAR [,; ASSOCIATES. INC.
CIVIL ENGINEERING A/>[) LA/>[) SL.flVEYING
1115 E.PEi'ffiYLVANIA AVE. ESCOIIlmD. CA, 92025
(760) 737-7<72 FAX (760) 737~7274
~
.m NO,
97-153
PAGE 1 OF 1