Grant of Easement Water Lines & Appurtenances 1997-0468984
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RECORDING REQUESTED BY:
, ; SOUTHLAND TITLE .AN DIEGO 1 3 9 4
RECORDING REQUESTED BY:
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
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DOC" 1997-0468984
SEP 23. 1997 4:02 PM
OFFICIAL RECOROS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY J, SMITH. COUHTY RECORDER
FEES: 0,00
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No transfer tax due
(This spa
NO DOCUMENT TRANSFER TAX
1llllllllllllllllllllllllm[l~111111111111111111111111
NO FEE
Tax Parcel No. 3Z1-0"b1- 24 ~ 2G
~05"' - 3""2-
GRANT OF EASEMENT
(WATER LINES AND APPURTENANCES)
Paul W. Grimes and Carol M. Grimes. as Trustees for the Grimes Family Trust. dated March 10. 1989.
(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. upon, over, under and across the lands
described in Exhibit "A" and as 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 City of Po way, County of SAN DIEGO. State of
California, and is more particularly described as follows, to wit:
SEE EXHIBIT" A" AND EXHIBIT "B" ATTACHED
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.
GRANTEE may use all gates and fences which, now or later, cross any portion of the easement. GRANTEE
shall also be entitles to trim, cut, or clear away or remove any trees, brush, or there vegetation or flora from
time to time as GRANTEE determines in its sole discretion without any additional compensation.
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1395
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Grant of Easement
Continued
Page 2
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 the GRANTOR has the power to grant this easement in
accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this +t~ day of ~p\- ,
1997.
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PAUL W. GRIMES, . RUSTEE I
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~OL M. GRIMES, TRUSTEE
........
[ This is III celtify t!IIlthe interest in feal property CQlIl':J8d
,
!lrthldeedorlflll\datM'I-"I-'ll fro!" +but <-J.
!'~M"<' a,,'\ CArol'" G....;....."'... totheCit1
01 Pony, a poIititIl QlIJlllIIIion IIId/or lOftIllmentalacency
is hmby aecepted by the undenianed offitel' or q8l1t 0Illle-
hall 01 the CitJ Q,UllCiJ PUl$Ulnt to lulhority conlWlld ~y
Resolution No. 34 adopted on January 20. 1981 and the
lII.tee conl8ft\s to recardation thereof by its dulY authorized
officer.
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(Signatures must be notarized. Notary form
attached)
Dated:
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~'~L1FORNIA ALL~PUR~OS'ACKNOWLEDGMENT
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No. 5907
State of California
County of San Diego
()n September 4. 1997
DATE
before me, Berta B. Alexander -----------------
NAME, TITLE OF OFFICER. E.G" "JANE DOE. NOTARY PUBLIC"
personally appeared Paul William Grimes and Carol Ann Marie Grimes ------------
NAME(S) OF SIGNEA(S)
D personally known to me - OR - fiI proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/<@
subscribed to the within instrument and ac-
knowledged to me that he/she~ executed
the same in his/her/~ authorized
capacity(ies), and that by his/her/~
signature(s) on the instrument the persor1{s)-:-
or the entity upon behalf of which the
person(s) acted, executed the instrument.
'e BmA 8. AlEXNm f
. COMM. 'J053061
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my hand and official seal.
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Grant of Easement
TITLE OR TYPE OF DOCUMENT
TrTLE{S)
D PARTNER(S)
D LIMITED
D GENERAL
Two
NUMBER OF PAGES
D ATTORNEY-IN-FACT
XX] TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
September 04. 1997
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrTY(IES)
Grimes Family Trust
None
SIGNER(S) OTHER THAN NAMED ABOVE
Cl993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184
EXHIBIT "A"
OFF-SITE WATERLINE EASEMENT DEDICATION
TPM 89-12
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1397
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AN EASEMENT FOR WATERLINE PURPOSES AND APPURTENANCES THERETO OVER,
UNDER, ALONG, AND ACROSS A STRIP OF LAND 20.00 FEET WIDE IN PARCEL 3, AND A
PORTION OF PARCEL 4 AS SHOWN ON CITY OF POW A Y BOUNDARY ADJUSTMENT 89-10
AND RECORD OF SURVEY 12701, OF PARCEL MAP 10211 IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON JULY 10, 1980 IN BOOK OF PARCEL
MAPS AT PAGE 10211, THE CENTERLINE OF SAID 20.00 FOOT STRIP BEING MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 4 OF SAID PARCEL MAP 10211,
THENCE; SOUTH 740 II' 42" WEST ALONG THE SOUTHERLY BOUNDARY THEREOF 348.14
FEET TO AN ANGLE POINT THEREIN, THENCE; NORTH 70004'35" WEST, 151.54 FEET TO A
POINT HEREIN DESIGNATED AS POINT "A", THENCE; LEAVING SAID SOUTHERLY LINE
NORTH 20017'21" WEST, 88.11 FEET TO THE TRUE POINT OF BEGINNING, THENCE; NORTH
70004'35" WEST, 7.73 FEET TO THE BEGINNING OF A TANGENT 565.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY, THENCE; WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF J3051' 19", A DISTANCE OF 136.63 FEET, THENCE;
NORTH 83055'54" WEST, 12.79 FEET TO THE BEGINNING OF A TANGENT 105.00 FOOT
RADIUS CURVE CONCA VE NORTHERLY, THENCE; WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF \2000'24", A DISTANCE OF 22.00 FEET, THENCE,
NORTH 71055'30" WEST, 71.83 FEET TO THE BEGINNING OF A TANGENT 95.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, THENCE; WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 48030'01", A DISTANCE OF 80.42 FEET, THENCE;
SOUTH 59034 '29" WEST, 110.59 FEET TO THE TO THE INTERSECTION WITH THE WESTERLY
LINE OF PARCEL 3 OF SAID PARCEL MAP 10211, THENCE; CONTINUING SOUTH 59034'29"
WEST, 20.83 FEET TO THE INTERSECTION WITH THE CENTERLINE OF THAT CERTAIN
ROAD KNOWN AS COUNTRY HILL ROAD AS SHOWN ON SAID PARCEL MAP 10211, AND
AS MORE P ARTICULARL Y DESCRIBED IN DOCUMENT NO. 76-260560, RECORDED AUGUST
13, 1976 IN SAID RECORDER'S OFFICE, AND THE POINT OF ENDING.
THE SIDELINES OF SAID 20.00 FOOT STRIP ARE TO BE PROLONGED OR SHORTENED SO
AS TO INTERSECT THE CENTERLINE OF SAID COUNTRY HILL ROAD IN THE WEST, AND A
LINE THAT BEARS NORTH 20017'21" WEST FROM THE ABOVE MENTIONED POINT "A" IN
THE EAST.
As more particularly shown on Exhibit" a" attached hereto and by this reference made a part
hereof.
E# LS4451
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Print Name
Expiration Date:
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NOT TO SCALE
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1398
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EXHIBIT
WATER EASEMENT
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DEDICA TION
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EXISTING 40' PRIVATE ROAD
EASEMENT PER DOC. NC. 76-
260560, REC 8-1.3-76 KNOWN
AS COUNTRY HILL ROAD.
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PORTION OF PARCEL 4
PI.l 10211 PER SA 89
10 AND RDS 12701.
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R=95.00'
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W5 6~\Z'00'Z4'
R~105.00'
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W6 N8J"55'54"W 12.79'
6=13'51'19"
W7 565.00'
L=\ 36.63'
W8 N70'04'35"W 7.73'
~ --INDICATES EASEMENT FOR
WA TERlINE PURPOSES
DEDICA TED HEREIN.
W4 N71'55'30"W 71.83'
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