Grant of Easement Water Lines & Appurtenances 1999-0434207
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RECOR,DING REQUESTED BY'
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(This soace for Recorder's. Use)
AND WHENREGORDED MAIL TO'
Jun 22, 1999 8:15
OFFICIAL ~'ECORDS
SAN DIEGO COUNTY'RECORDER'S OFFICE
GREGORY J. SMITH, CIlUNTYRECORDER
FEES: 0.00
DC: NA
AM
. CITY OFPOWAY
CITY CLERK
CITY OF POW A Y
PO BOX'789
POWAY, CA 92074
No trims fer tax due
Tax Parcel No. 317-223-14
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-370
BNCHMRK POMERADO,LLC"a Limited Liability Corporation (hereinafter "GRANTOR")
hereby grantsto.CrrY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the
following described easement far,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, replace,
repair, maintain! and use a pipeline or pipelines for any and alIpllrposes, 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 the right of ingress. and
egress fromthe easement by a practical route or routes,in, upon,. over, or across the land
described below, together with the ' rightto use this easement,for'access to GRANTEE's
, .
rights-of-way situated in adjadJilt:1arids; without any additional compensation therefor.
The land encompassingthis:easeinent is situated in the County of SAN DIEGO, State of
California, and is.more particulariydescribed as follows, to wit:
ALL THAT PORTION OF LOT 32 OF CITY OF POW A Y TRACT NO 85-04 UNIT I,
IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 11742, FILED INTHE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1987
GRANTOR, its heirs, successors. and assigns shall not ereCt or construct or permit to be erected
or constructed any building, structure or improvement-or philit;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. GRANTOR, its heirs; successors and assigns shall not dig or drill any hole or wells on any
portion ofthe:easeinent.
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GRANTEE-may u~se.allgates and fences which, nQw 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.
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 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 improvementsias itmay 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 WITNE~ WHEREOF, the GRANTOR has executed this Easement this
-;j~_ ,19 qq
/0 day of
BNCHMRK POMERADO, LLC
a Limited Liability Corporation
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(Signatures must be notarized.
Notary form attached.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF Sa n !) I -€('JU
On
, \ LL-h-e..
10,1"1"1"1
before me,
---ro vv\."'-""- <A k 'be Co,-lv
, Notary Public,
personally appeared
'-----
::John f-\-
yY\o~V\ S
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-------
,
jlors8Aall, "neull t6 me (or proved :0 me on the basis of satisfactory evidence) to be the person(st
whose name(s) is/al'8-subscribed to thewrthin instrument and acknowledged to me that he!sAeAlley
executed the same in his/heUtlleir authorized capacrty(i~), and that by his/herAAeir signature(~ on the
instrument the person(s}, or the entrty upon beha~ of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
J - - - - - ~~; - - - -
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i -iii ~ F\tlIc - Calltoroo I
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Signature 4'l1AMA--- k J)~~
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(Seal)
SF-9474-8 (Rev. C - 6/95)
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EXHIBIT "A"
WE 801-01-370
LEGAL DESCRIPTION
FOR
PUBLIC WATER EASEMENT FOR LOT 32, POWAY TRACT NO 85-04
A PUBLIC EASEMENT FOR WATER FACILITIES AND APPURTENANCES,
TOGETHER WITH TIIE RIGIIT OF INGRESS AND EGRESS ACROSS A PORTION
OF LOT 32 OF CITY OF POWAY TRACT NO. 85-04 UNIT 1, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 11742, FILED IN TIIE OFFICE OFTHE COUNTY RECORDER
OF SAN DIEGO COUNTY, MARCH 9, 1987, MORE PARTICULARY DESCRIBED
AS FOLLOWS.
BEGINNING AT TIIE NORTHWEST CORNER OF SAID LOT 32, SAID CORNER
BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STOWE
DRIVE (65 00 FEET WIDE); TIIENCE EASTERLY ALONG THE NORTHERLY
LINE OF SAID LOT 32, SAID LINE ALSO BEING SAID SOUTHERLY RIGHT-
OF-WAY LINE, NORTH 76000'00" EAST 27 00 FEET TO nffiTRUE POINT OF
BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY
LINE NORTH 76000'00" EAST 20.00 FEET, THENCE LEAVING SAID
NORTHERLY LINE SOUill 14000' 00" EAST 25.50 FEET, THENCE NORTH 760
00' 00" EAST 5.20 FEET; THENCE SOUill 14000' 00" EAST 21.50 FEET, THENCE
SOUTH 76" 00' 00" WEST 5.20 FEET; THENCE SOUTH 14000' 00" EAST 136.17
FEET, THENCE SOUTH 76000' 00" WEST 32.50 FEET; THENCE NORTH 14000'
00" WEST 20.00 FEET; THENCE NORTH 760 00' 00" EAST 12.50 FEET, THENCE
NORTH 14000' 00" WEST 134.67 FEET, TIIENCE SOUill 76000' 00" WEST 16.00
FEET; THENCE NORTH 14000' 00" WEST 15.00 FEET, THENCE NORTH 760 00'
00" EAST 16.00 FEET, THENCE NORTH l4'00' 00" WEST 13.50 FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION WITHIN TIlE PUBLIC UTILITY
EASEMENT AS SHOWN ON SAID MAP NO. 11742.
AREA = 4262.20 SQ FT
0.0979 ACRES
MORE OR LESS
4-23-99
DATE
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27'
P O.B.
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DRIV'
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500'
L 11 233,00' N7,6;QO:00"E j
L1 0 - -= ~ISTING =-.- ~" - ~r
L3 L9 PUBliC UTILITY EASEMENT
L4 DEDICATED PER MAP
.L8 NO, 11742 AND
~ PACIFIC BELL UTILITIES EASEMENT
i'-- '----L.7REC9.-15-87 AS DOC #87-522311 OF OR
<.0 AND SAN DIEGO GAS & ELECTRIC EASEMENTS
7. . REC 9-18-87 AS DOC #87-530545 OF O.R,
~ ~ AND REC 3-10-88 AS 00C#88-111349 OF 0 R.
<.0 AND CITY OF POWA Y PIPEliNE EASMENT
~ ~ REC JUNE 6-2-1988 AS DOC#88-296318 OF OR.I
O~ AND RERECORDED 3-3-89 I
AS DOC#89~ i 11208 OF OR
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.~ )a~ MAP NO. 11142 : ~
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g I S76'00'.00"w
3250'
EXISTING
PAC BELL
EASEMENT
PER F/P 88~208994
REC 5/4/88
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DATA TABLE
LENGTH
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EXHIBIT "B"
WA TER EASEMENT
4/22 99
DATE
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest III real property conveyed by the deed or grant dated
Jur\p~ Ie), \<1C\Q
from BNCHMRK POMERADO, 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 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:
to-18-99
By"
9!'U ~~J?Mfl&
Lori Anne Peoples, City Clerk