Grant of Easement Water Lines & Appurtenances 1997-0612838
.
RECORDING REQUESTED BY:
)
), I""
)
~ 0u
)
)
)
)
)
)
,
CITY OF POW A Y
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POW A Y
P.O. BOX 789
POW A Y, CA 92074
1/
1\r
'':';'-''4
39
DOL~ 1997-0612838
~
Dee 04. 1997 12:38 PM
OFFICIAl RECORDS
SAN DIEGO croHY RE~DER'S OFFICE
GREGORY J, SHITH. CIlIIfTV I\fCORDER
FEES: 0.00
DC: Nfl
\ 1\\11\ \\\\\ 1\\\ \\\\\\ \\~, ~\l~\~ \\\\\ \\1\\ \\\\\ I'll 1\\1
No transfer tax due )
Tax Parcel No. 317-270-19
(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
(W.E. 801-01-327)
James Cheng (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 detennine 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 64 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 pennit 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.
,GRANTEE may use all Is and fences which, now or later, cros~y portiO: ~fthe 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 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this I q.,-I--\ day of
_~J\1\1~lf\\?'~ ,19~.
This Is lD certify tlIat ltte iI1lerest in real property (qA\'eyed
Ilytll.detdorlrantd!ledll-I~-11 from r"-",,s
t f-. e"i
ftf Powa ,. I In the,CitJ
, :' y, a ~r",::~:, corp'ratic~ and/or JOVetnmenlJI qeGcy
Isheteb"t-,.....-~"t..u '-' d ffi
' -.~:'.... .., "0 "",,;slgne 0 leer or apnl on bt-
half of th~ crt' ''', !....'''' 1 to aoth'ty <--.
. ' ., -, Oll con'..... by
Resoiutlc~ No.3! ". January 20. 1981 and tile
~ntee conSUfll. 10 .......ljJij theleof by its duly .utltorized
officer,
~~C4'?~
p7
~/~
/
/
, -~?--
( Signatures must be notarized. Notary form
Attached.)
Dated: 1.9.-3-'i1
Ily
l@ lilY CHEN
: . Comm,110B0314
Ul'.. NOTARY PUBLIC. CALIFORNIA
>. . San Diego County ...
, . My Comm, E.pire, Joo,9,2000 \
l
~
l/l
,
CALIFORNIA ALL.PURPOSE ACKNOWLIOU(.iMENT
h~,;l OF OFF~/;;!E.~ ~E DOE, NOTARY PUBLIC"
c.. H E-fJ ~
NAME(S) OF 51 NER{S)
i7l 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/she/they 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.
State of' (A L I -rO p- JJ /1-':\
SArJ \)1t:qO
On ll- I 9 -Q'1 before me,
DATE
County of
personally appeared
:\ A tv, -=-S
l~ lilY CHEN
_ . Comm,#1080314
Ul -. . NOTARY PUBlI:,CAlIFORNIA
~ San Die g.) COllnty
>, " , My Comm, Expires Jan, 9, 2000
,.
}
~
Ul
..
I
WITNESS my hand and official seal.
.~~~
51 EOFNOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment 01 this form. SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
DATE OF DOCUMENT
41
No.519;
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document
o INDIVIDUAL
o CORPORATE OFFICER(S)
TlnE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTO~~EY'IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
ltl1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga ParK, CA 91309.7184
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,
State of
County of
On
before me,
DATE
personally appeared
}
NAME, nne OF OFFICER. E.G., . JAN= DOE, NOTARY PUBLIC.
NAME(S) OF SIGNER(S)
o personally known to 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/she/they 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.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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 reattactment of this fonn, SIGNER(S) OTHER THAN NAMED ABOVE
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute dOes not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY.IN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
, ..
.
.
42
EXHIBIT "An
ALL THAT PORTION OF LOT 64 OF CITY OF POWAY TRACT NO, 85-04, UNIT NO.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 20.00 FEET WIDE LYING
10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLlNES:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 64, SAID CORNER BEING A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF KIRKHAM WAY (65,00 FEET WIDE),
SAID POINT ALSO BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
1167,50 FEET (A RADIAL LINE TO SAID POINT BEARS SOUTH 31020'19" WEST); THENCE
EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID CURVE 69,04 FEET
THROUGH A CENTRAL ANGLE OF 3023'17" TO A POINT HEREINAFTER REFERRED TO AS
POINT "A"; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID CURVE
ON A RADIAL BEARING OF NORTH 27057'02" EAST 10,00 FEET TO THE NORTHERLY LINE
OF A 10.00 FOOT PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP NO. 12572 AND
BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 27057'02" EAST
35.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE
CONTINUING NORTH 27057'02" EAST 7,00 FEET; THENCE NORTH 16002'43" WEST 8.50
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "CO; THENCE CONTINUING
NORTH 16002'43" WEST 35.00 FEET; THENCE NORTH 28057'17" EAST 206.00 FEET TO A
POINT OF TERMINATION.
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE EASTERLY ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE AND SAID CURVE 213.25 FEET THROUGH A CENTRAL
ANGLE OF 10027"58"; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND
SAID CURVE ON A RADIAL BEARING OF NORTH 17029'04" EAST 10,00 FEET TO THE
NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 17029'04" EAST 43,00 FEET; THENCE NORTH
72030'56" WEST 73,92 FEET; THENCE NORTH 62002'58" WEST 135,67 FEET TO
HEREINABOVE MENTIONED pOINT"C",
ALSO: BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 62002'58" WEST
60,00 FEET TO A POINT OF TERMINATION,
THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGHTENED OR SHORTENED AT
ALL ANGLE POINTS AND THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT.
SEE ATTACHED EXHIBIT "B",
E5)lE ~ lE U WI fEfm
~ NOV 2 1 1997 ~
LAND DEVELOPMENT
ENGINEERING
"
43
_ 'N:'vJ~-'
- N.SC"%, 61~
~%:S-7"Jy ,J,.- /6/.69
//~--~
, .'
~
o N.f6'OZ'43"W. - 8.50'
o N./6'OZ'43"W. - 35.00'
@ N.16'02'43"W. - 43.50'
@) N.27'57'OZ"E. - 7.00'
@ N.62'OZ',58"W- W.()()'
, ~
",-I" ,?t-f I
t'll
k~
(\ ('
,.,,1y\i'"'
(..1") ,
.,.. ,..Ie- I
'''f".f
/"I{-j......J
c,,""'O-
I I
...1n
rjJ:::,1 r....
tv'"
~
~
~
.""
I~
.
:st
<.
2
~
.tl;':
r-..
,....
,r;;
!Ii
<
-
WAY
il)
N
'"
t
EXHIBIT "8"
WATERLINE EASEMENT
SCALE /"=50'
DATE 11/20 '97
DRN, OF CK, RS.
SPEAR & ASSOCIATES, INC.
CIVIL ENGINEERING & LAND SURVEYING
1115 E. PENNSYlVANIA AVE. . ESCONDIDO. CA 92025
(160) 737-1272' FAX (160) 737-7274
JOB NO,
96- 2/9
DWG NO.