Grant of Easement Water Lines & Appurtenances 1997-0623174
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DOCtl 1997-0623174
CITY OF POW A Y
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(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX
Dee 09.
1997
11:49 AM
RECORDING REQUESTED BY:
CITY CLERK
CITY OF POW A Y
P.O. BOX 789
POWAY, CA 92074
OFFICIAL RECORDS
SAN DIEGO COONTV RECORDER'S OFFICE
GREGORV J. SMITH, COONTV RECORDER
FEES: 0.00
DC: NA
111111111111111111111111~mllllllllllllllllllllllllllllI
AND WHEN RECORDED MAIL TO:
No transfer tax due )
Tax Parcel No. 317-270-51
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
(WE 801-01-335)
Tecate Industries Property, LLC (hereinafter "GRANTOR") hereby grants to CITY OF POW A Y
(hereinafter "GRANTEE") its successors, or assigns, the following described easement for a
right-of-way in width, 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 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 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 of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
Lot 72 of Po way Tract No. 85-04 Unit 2, Map No. 12572 filed in the Office of the
County Recorder of San Diego County, February 28, 1990 as File No. 90-107515
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 of the City of
Poway as evidenced by the signature of the Director of Engineering 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.
G~TEE may use all!s and fences which, now or later, cros!y portion of the easer~n11
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 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 deternlination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
Il'i WITNES~ WHEREOF, the GRANTOR has executed this Easement this otM day of
111 {' f/nJ I'.l.fL- ' 19!1L.
This Is to certify thIl tile Intemt In real ~ ~
Ii!Itbt deed or IIInl datM \'2.';1 -'1-1- fmn T"c."'+p~.
\(\~.'ProP'rl--t LLC totht.Citr
of P_y. a pol~ical co~raticn and/or eowmmental fIIlICJ
.is hereby a,:;t;;.~d by the un~ersigned officer or qent 011"
hllf of the CltJ (:cunei! ~UfSl.j,lt to authority coalmtd ..,
Resolution No, 34 adopted on January 20, 1981 Inti ..
gralllleCOtlsenU to recordation thereof by il1l1uly tIIlIlQrizIlI
oiflcer.
J ~-{ ~sty." <u Lz.C
~L.SC6~)
( Signatures must be notarized. Notary formIAttached.)
Dated: 12- A-n
~; 0 A~Qu1.J
;~iWlr cill Cle)jl..-
NOWLEUGMENT
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On /02-02-97beforeme, KCJ~f
DATE
Stale of .
County ~f \. 5'ri /J
personally appeare
D personally known ~o me - OR -
proved to me on the basis of satisfactory evidence
to be the personOO whose name~ is/........
subscribed to the within instnument and ac-
knowledged to me that .,she/*-Y executed
the same in "her/*"",- authorized
capacity~ and that by _/her/~
signature~ on the instrument the person(~
or the entity upon behalf of which the
personfcl acted, executed the instrument.
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MY COMMISSION EXptR!S -
MAY 29, 1998 ~I
ROSE POELlOT
COUM.#1028259
NOT....RY PUBUC-CAUfORlHA
SAN DIEGO COUNTY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITl R TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
DATE OF DOCUMENT
NUMBER OF PAGES
Though the data requested here is not required by law,
it could prevent fraudulent reattachment 01 this fonn. SIGNER(S) OTHER THAN NAMED ABOVE
No. 519~
- OPTIONAL SECT!
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
liII in the data below, doing so may prove
invaluable 10 persons relying on the document.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TmE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTO~N...EY-IN-FACT
D TRUSTEE(S)
D GUARDIANiCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSQN{$) OR ENTlTY(lES)
<01992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
I
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of
}
County of
On
before me,
NAME. TITLE OF OFFICER. E.G., . JANE DOE, NOTARY PUBLIC-
DATE
personally appeared
NAME(5) OF SIGNER(5)
D personally known to me - OR . D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare
subscribed to the within instnument and ac-
knowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE Of NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute dOes not require the Notary to
till in the data below, doing so may prove
invaluable to persons relying on the document.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
.
.
903
TECATE INDUSTRIES, INC.
PORTION OF LOTS 72 AND 73, P.T. 85-04,
UNIT NO.2, MAP NO. 12572
DWG. NO. 801-01-335
SEPTEMBER 15,1997
PAGE I OF3
EXHIBIT 'A'
CITY OF POW A Y
WATER LINE EASEMENTS
A.P.N.317-270-51
PARCEL 'A'
ALL THAT PORTION OF A PORTION OF LOT 72 AND A PORTION OF LOT 73 OF
CITY OF POWAY TRACT NO. 85-04, UNIT NO.2, ACCORDING TO MAP
THEREOF NO. 12572, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO. 90-107515, AND
FURTHER DESCRIBED IN A CERTIFICATE OF COMPLIANCE BOUNDARY
ADJUSTMENT NO. 96-06 RECORDED BY THE CITY OF POW A Y ON SEPTEMBER
23, 1996 AS DOCUMENT NO. 1996483124 OF OFFICIAL RECORDS, ALL IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, BEING A STRIP OF LAND 20.00
FEET IN WIDTH, L YlNG 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE MOST EASTERLY CORNER OF THE ABOVE DESCRIBED
LAND, ALSO BEING A POINT ON A 524.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
25036'37" WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND,
ALSO BEING THE SOUTHWESTERLY LINE OF THAT 49.00 FOOT WIDE PUBLIC
RIGHT-OF-WAY IDENTIFIED AS GREGG COURT AS SHOWN ON SAID MAP NO.
12572, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 02025'17" A DISTANCE OF 22.17 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE OF
SAID LAND, SOUTH 19050'02" WEST, 12.41 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT 'A'; THENCE CONTINUING SOUTH 19050'02" WEST,
301.40 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE
CONTINUING SOUTH 19050'02" WEST, 134.99 FEET; THENCE SOUTH 64050'02"
WEST, 36.64 FEET; THENCE NORTH 52056'57" WEST, 57.31 FEET; THENCE
SOUTH 37003'03" WEST, 24.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL
BEGIN AT SAID SOUTHWESTERLY LINE OF GREGG COURT, AND SHALL
.
.
904
PAGE20F3
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED POINT
OF TERMINUS.
TOGETHER WITH A STRIP OF LAND 26.92 FEET IN WIDTH, LYING 10.00 FEET
SOUTHERLY AND 16.92 FEET NORTHERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE ABOVE REFERENCED POINT 'A'; THENCE NORTH
70009'58" WEST, 26.48 FEET TO THE POINT OF TERMINUS
TOGETHER WITH A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET
ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTER LINE:
BEGINNING AT THE ABOVE REFERENCED POINT 'B'; THENCE NORTH
70009'58" WEST, 24.98 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENTS SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED LINES
AT SAID POINTS OF TERMINUS.
PARCEL'B'
ALL THAT PORTION OF A PORTION OF LOT 72 AND A PORTION OF LOT 73 OF
CITY OF POWAY TRACT NO. 85-04, UNIT NO.2, ACCORDING TO MAP
THEREOF NO. 12572, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO. 90-107515, AND
FURTHER DESCRIBED IN A CERTIFICATE OF COMPLIANCE BOUNDARY
ADJUSTl\IENT NO. 96-06 RECORDED BY THE CITY OF POW A Y ON SEPTEMBER
23, 1996 AS DOCUMENT NO. 1996-483124 OF OFFICIAL RECORDS, ALL IN THE
CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, BEING A STRIP OF LAND 20.00
FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE ABOVE DESCRIBED
LAND, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF THAT 49.00
FOOT WIDE PUBLIC RIGHT-OF-WAY IDENTIFIED AS GREGG COURT AS
SHOWN ON SAID MAP NO. 12572; THENCE LEAVING SAID SOUTHWESTERLY
LINE, ALONG THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED LAND,
SOUTH 54037'33" WEST, 7. 17 FEET TO THE TRUE POINT OF BEGINNING;
.
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qos
PAGE30F3
THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LAND, SOUTH
09037'33" WEST, 52.33 FEET; THENCE SOUTH 54037'33" WEST, 30.08 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT 'f,;';., TIlENCE CONTINUING
SOUTH 54037'33" WEST, 201.60 FEET; THENCE SOlyrt4519050'02" WEST, 187.24
FEET; THENCE SOUTH 70009'58" EAST, 22.46 FEET TO THE POINT OF
TERMINUS.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL
BEGIN AT SAID NORTHWESTERLY LINE OF SAID LAND, AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO TIlE ABOVE DESCRIBED POINT
OF TERMINUS.
TOGETHER WITH A STRIP OF LAND 20.00 IN WIDTH, LYING 10.00 FEET ON
EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT THE ABOVE REFERENCED POINT 'C'; THENCE SOUTH
35022'27" EAST, 26.64 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED
CENTER LINE AT SAID POINT OF TERMINUS.
SEE PLAT ATTACHED HERETO MARKED EXHIBIT 'B' AND BY THIS
REFERENCE THERETO MADE A PART HEREOF.
(J4 s. ~
CHARLES S. KAHR R.C.E. 23907
'7 )IS /9'1
DATE
TECESMT.DOC'LL W
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TRUE POiNT OF \
BEGINNING-
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7.17'
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POINT 'A'
72
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NO.
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A.P.N.
317-270-S1
N70'09'S8"W
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PREPARED BY:
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS SUITE 104
CARLSBAD, CA 92008 ' PH:(760)4-38-5620
EXHIBIT 'B'
TECA TE INDUSTRIES. INC.
WA TERLlNE EASEMENT
CITY OF POWAY D.R. 97 08
TECESlATDWG(A) 9/'5/97 LlW