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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.