Grant of Easement Water Lines & Appurtenances 1999-0473334~,I --",
Th
~~
\\f
1'-' ."\,1';
'bc ~.--'
\
,
.
'c' RECORDING REQUESTED BY.
DOC "1999-0473334
)
)
)
)
)
)
)2700
)
)
)
)
)
1999 9:30
CITY OF POW AY
Jul
08.
AM
AND WHEN RECORDED MAlL TO:
OFFICIAL RECORDS
SAN DIEGO COUNlY RECORDER'S OFFICE
GREGORV J. SMITH. COUN1V RECORDER
FEES: 0.00
OC: NA
CITY CLERK
CITYOFPOWAY
P.O. BOX 789
POWAY,CA 92074
No transfer taxdiIe
Tax.Parcel No. 317-810-24
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-376
POW A Y OFFICE ASSOCIATES,LLC, a California Limited Liability Company (hereinafter
"GRANTOR") hereby gtantstoCITY OF POWAY (hereinafter "GRANTEE"),its successors, or
assigns, the following described easement for a right-of-way, in; upon, over, underaild across the
lands described in 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 transrnission
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 inadjacent-Iands, without any additional compensation therefor
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 51 OF CITY OFPOWAYTRACTNO 87-13 UNIT I,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE.OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SANDIEGO COUNTY ON FEBRUARY 8, 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 withoutthe express written approval of the City of
Poway as evidenced.bythesignature of the Directof'(lfDeveiopment Services on.an approved
plan. GRANTOR, its heirs, successors and assigns shallinot dig Dr drill any hole or wells on any
portion of the easement.
"
2701
GRANTEE may use,allgates 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 frbm 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
easerhimtwithout obtaining the jJrior written consent of GRANTEE.
GRANTEE may at any time ivcreaseits use of the easement, change the location of pipelines or
other facilities within the boundariesofthe 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 ad,ditional 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 cOlisent ofthe 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 ofthis 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this
.7U^J~ ,19 qq .
2.~ ~ day of
POW A Y OFFICE ASSOCIATES, LLC
'~~;g~~:t
Memher
(Signatures must be notarized.
Notary form attached,)
,CALIFORNIA. ALL,PURPOSE ACI\NOl/VL.IOU'*I'!".......
State of
(' } .
County of .f>ClN\ ~\~ (:) 27.02'
On IDI;;Jqq before me, J>~,~~~2~~~~:-J!\~~t~ili\V
personally appeared ~c.kae.l 1+. bran+- .
NAM:E(S) OF SIGNER(S)
~personallY known ~o 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 within instrument and ac-
knowledged to me that he/shelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
'signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
DONNA STEVENS
~~ Comm #1074025 ~
~' NOTARY PUBLIC CAlIFORN!A Gl
SAN DiEGO COUNTY ()
w y _ _ v Comm. Exp. Oct t, 1999 ....
.... ~~.. ~
WITNESS my hand and oflicial seal,
~~
SIGNATURE OF NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
OPTIONAL SECTION
TIT! E OR TYPE OF DOCUMENT
NUMBER OF PAGFS
DATE OF DOCUMENT
Though tfle data requ~sted here is not required by law,
n couldpre1ien1 fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE
..
- OPTIOllAl sECtioN_
CAPACITY CLAIM.EDBYSIGNER
Thougll...... does ",,'reqWo the """._ '
fill in the <lata below dOIng; co '~,,'9
i1vaiuabIe ~ ..:...~. may. prove
peniOl'\:S ....,.."\100 Che documeoL
o INDIVIDUAL
o CORPORATE OFFiCEfl(S)
1mE(Sj
o PARTNER(S) 0 UMITED
o GENER~l
o ATTO~~EY.IN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
]gJ, OTHER LU~.
~
SIGNER IS REPRESENTING,
NMlE OF PERSaN(S) OR ENTITY(IES)
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave, P~O. 80>; 7184. Canoga Park, CA 91:
~ALlFORNIA ALL.PURPOSE ACK.NOWLEDGMENT
'--..............._................._'>">~__<...__...,..-sc..~:-...~....:.....~...;;S~_'>:;;.."":>-<-...c..:"..............-.:..,--~~-..'"='-.......S-~__~':>_...;.,._'>___-.;..<-..._<:-.-.=..<..~~S'>~_"-...~___~~_'-~--;______~<:;.
, State of } _OPTIONAL SECTlllN-
CAPACITY CLAIMED BY SIGNE
County of Though statute dOes ,not require 1he Notary
fill in'the.dala below, doing.so' may pro\
invaluable 10 peffiOflS relying on the documer,
On
before me,
NAME. l1TLE OF OFFICER E.G., "JANEDOE"NOTARY PUBLIC"
OA11'
personally appeared
NAME{SI Of SIGNER{S)
o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be Ihe person(s) whose name(s) is/are
subscribed to the within instrument and ac'
knowledged to me. that he/she/they executed
the same in his/her/their authorized
capacity(res), and that by his/her/their
signature(s) on the instrlll11entthe person(s),
or the entity upon behalf of which the
person(s) acted, executed the rnstrument
WITNESS my Iland and ofticial seal.
'iIGUA TUI,1' ()(' 1.01 A(lY
o INDIVIDUAL
o CORPORATE OFFICER(S)
TlTlE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o AnORNEY IN,FACT
o TRUSTEE(S)
o GUAr'10IAf~/r;ONSERV/'Torl
DOTHt:rl.
SIGNER IS REPRESENTING
t<M-II~ or Plw:;or.1S) OI"UHI1YfI[S)
-~~-
--~-_.
THrs CFnTIFICATE MUST BE ATTACHED TO
1 HE OOC::UMENT OrSCHI8ED ^ 1 HIGI n
OPTIONAL SECTION
TITLE OR TYPE or DOCUMENT
t~\JI.1!-lUl O( IJM~r'~~
[l/"lI ur~ ()nClJfJ1un
1~oouqI11111.' ();jI';J.I'~q''''~,lr."lj't,.,,!: I' 11IlI "~qlJ"'"ll tJy 1;IW
11 <X>V<d p<'~V(>fll h;~u.-1utr'nl tr~;Jll;ld'm~"1 "j It".; 1')(l11
,lc,flI.Hr;} ()\Ijl \1, \1\N'~ tU<L-I,('() AHClVL
.
.
2703
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
r ~,'} /9t'Jfrom Poway Office Associates, LLC, 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 pursuantto authority conferred by Resolution No. 34, adopted on January
20, 1981, and the grantee consents to recordation thereof by its duly authorized officer
Dated: M (,/ 199.?
By' ~ftu., ~ ~~~ /)--
Lori Anne Peoples, City Clerk
:
.
.
2704
Exhibit 'A;
20foot Water Easement
Lot 51 Map 12556
WE 801-01-376
That portion of Lot 51 of City of poway Tract 87-13 Unit 1, in the City of Poway,
County of San Diego, State 'of California, according to Map thereof No 12556, filed in
the office of the County Recorder of San Diego County, on February 8, 1990 The
centerline of the 20 foot water line easement being more particularly described as
follows
A strip of land 20 00 feet in width being 10 00 feet on each side of the following
described centerline
Beginning at the most southerly corner of said Lot 51, thence northeasterly along. the
southeasterly property line of said lot North 58026'00" East a distance of 8907 feet to
a tangent 774 50 foot radius curve concave southeasterly; thence northeasterly along the
arc of said curve through a .central angle of 5058' 51" a distance of 80 84 feet, thence
leaving said property line North 25035'09" West a distance of 10 00 feet to the TRUE
POINT OF BEGINNING, thence North 29034'10" West a distance of 5,53 feet; thence
North 75035'48" West a distance of II 10 feet; thence South 59052'00" West a
distance of 134,29 feet; thence North 31027'43" West a distance of 126 67 feet, thence
South 58025'26" West a distance of 2082 feet to a point of terminus
The sidelines of said 20 00 foot easement shall be prolonged or shortened as necessary
Contains 5,970 square feet.
~/
lof5
WA TERL/NE EASEMENT
WE 801-01-376
,DATE. 3-25-99
DRAPER ENGINEERING
P 0. BOX 3346
LA MESA, CA 91944-3346
619-464-6528 FAX 619-464-8753
JOB NO,
2898
owe NO,
'.
.
.
2705
Exhibit 'A'
10 foot Water Easement
Lot 51 Map 12556
WE 801-01-376
That portion of Lot 51 of City of Poway Tract 87-13 Unit 1, in the City of Poway,
County of San Diego, State of California, according to Map thereof No 12556, filed in
the office of the County Recorder of San Diego County, on February 8, 1990 A strip
of land 10 00 feet in width described as followed.
Begilming at the most.northerly corner of Lot 51, thence southwesterly along the
northwesterly property line South 46028'00" West a distance of 10.24 feet to
a point on the southwesterly line of a 10 00 foot General Utility Easement and the
TRUE POINT OF BEGINNING, thence continuing South 46028'00" West a distance
of 10 25 feet and a point on the arc of a nontangent 597 50 foot radius curve concave
southwesterly, a radial line of said curve bears North 33043'07" East; thence
southeasterly along the arc of said curve through a central angle of 2021 '25" a distance
of 24 58 feet; thence North 38023'04" East a distance of 10 01 feet to a point on said
General Utility Easement said point on the arc of a 607,50 foot radius curve concave
southwesterly, a radiallihe of said curve bears Nonh 36006'49" East; thence
northwesterly along the arc of s'aid curve through a central angle of 2010'54" a distance
of 23 13 feet to the TRUE POINT OF BEGINNING
Contains 242 square feet.
20f5
WA TERLlNE EASEMENT
WE 801-01-376
DA TE: 3-25-99
DRAPER ENGINEERING
P 0. BOX 3346
LA MESA, CA 91944-3346
619-464-6528 FAX 619-464-8753
JOB NO.
2898
OWG NO.,
SCALE. 1"=40'
SCALE. 1"=40'
DA TE. 3-25-99
DRN. JD CK. JD
" ,
.
EXHIBIT 'B'
,2706
EASEMENT
~ EXISTING EASEMENT
LEGEND
10' WATER EASEMENT.
SEE EXHIBI T '8'
SHEET 5 OF 5
LOT 5-J
MAP -J2555
.
\
\ \
\ \
\ \
) )
EXISTING S.D.G. &- E.
UTILITY EASEMENT
FILE NO. 91-0068401
REC. 2-13-9/
20' WA TER EASEMENT
SEE EXHIBIT '8'
SHEET 4 OF 5
DAN/ELSON
If)
~
""
SHEET 3 OF 5
32.5'
EXISTING GENERAL
UTILITY EASEMENT
STREET PER MAP NO. /2556
---
WA TERL/NE EASEMENT
WE 801-01-376
JOB NO.
DRAPER ENGINEERING
P 0. BOX 3346
LA MESA, CA 91944-3346
619-464-6528 FAX 619-464-8753
2898
OWG NO,
EXHIBIT 'B'
.
2707
.
<:
I.., LOT r-j
r-- - 0
C) \...i
-., '"
r-- ~ MAP -j-? r r C'
~ C) 5 ~OOO
,.,., ,
::;;
SCALE. 1 "=30'
6. = 05"58'51" R =
L 80.84'
10' 10'
-
'"
~
~
AREA. 5,970 SI
L=
c; N 58'26'00" E
SL Y COR. 89. 07'
LO T 51 LOT LINE
EXISTING GENERAL ON
UTILITY EASEMENT DANIELS
PER MflP NO 12556
COURSE
0)
o
o
o
o
o
o
SHEET 4 OF 5
WA TERL/NE EASEMENT
WE 801-01-376
SCALE. 1"-30'
DA TE: 3-25-99
DRN. JD CK JD
EXISTING S.D. G, & E.
UTILITY EASEMENT
FILE NO. 91-0068401
REC, 2-13-91
-
C)
-
I..,
@--
-
C)
T.P.O.B.
STREET
WA TER EASEMENT DA TA
BEARING
OR DEL TA RADIUS DISTANCE
N 25"35'09" W (R)
N 29'34'10" W
10. 00'
553'
N 75"35'48" W 11 10'
N 59"52'00" E 73429'
N 31"27'43" W 12667'
N 58"25'26" E 20 82'
N 58"25'26" E 8.45'
JOB NO,
DRAPER ENGINEERING
P 0. BOX 3346
LA MESA, CA 91944-3346
679-464-6528 FAX 619-464-8753
OWG NO,
2898
.~ ~
.
EXHIBIT '[3'
.
SCALE. 1 "=20'
2708
T.PO.B,
NL Y COR.
----LOT 51
" 'II (R)
-06'49
5 :36
AREA. 242 S.F.
,
o
-I
,
-z.
IT\
\\ ,)
\ \ 10
V)
-\
o
~
1"'\
C)
AI
<.
1"'\
LOT 5-j
MAP -j2556
EXISTING GENERAL
UTILITY EASEMENT
PER MAP NO 12556
EXISTING S.D G. & E.
UTILITY EASEMENT
FILE NO. 9/-0.06840./
REC. 2-/3-9/
SHEET 5 OF 5
WA TER EASEMENT DA TA
BEARING
COURSE OR DEL TA RADIUS DISTANCE
(}) N 46"28'0.0." E 10. 24'
(]) N 46"28'0.0." E 10.25'
(]) 2"21 '.25" 59750.' 2458'
G N 38"23'0.4" E 10..0.1'
@) 2'10.'54" 60.750.' 2313'
WA TERLlNE EASEMENT
WE 801-01-376
SCALE. 1 "-20.'
DA TE.' 3-25-99
DRN. J.D CK. J.D
DRAPER ENGINEERING
PO.. BOX 3346
LA MESA, CA 9/944-3346
679-464-6528 FAX 679-464-8753
JOB NO,
2898
owe NO,