Grant of Easement Water Lines & Appurtenances 1997-0257583
CITY OF POW A Y
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NO DOCUMENT TRANSFER TAX
Olt " 1991-0257583
03-JUH-1997 08=23 AM
OFFICIAL RECOROS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: O. 00
NA
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RECORDING REQUESTED BY:
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POW A Y
P,O. BOX 789
POW A Y, CA 92074
No transfer tax due
Tax Parcel No, 317-270-15
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
Darmark Corporation, a California Corporation, (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 depicted on 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:
Lots 60 of Map No. 12572
GRANTOR, i1s 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.
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176
GRANTEE may use all gates and fences which, now 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 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 1he time this
documen1 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 \~"'V-- day of
0'\.~ ' 19~, D/J(l~'lfZl< (?l.J~P{)t'(1) ltOp
fThis Is to certifJ t!lIl the inleleSl In lal property fM_
'b,thldlldorlflntdIfM 5-1~-i1 frum '])..,.",...,.1<..
c..,"?......T<"- tnthe,City
of 'OWIJ, e pol~icaJ corporation and/or IOl8rIImelltll qet1CJ
Is hmb, accepted by the undeBigned offitet' or Igent on .
hall 01 the City rr."~cil pursuant to autbority confened by
Rmlution N~ 3' ~opted on JanullJ ZO. 1981 Ind the
gl1lltte CCllsen~ to recordation thereol by its duly lut!lorized
officet'o
-V{e-~'~+
(Signatures must be notarized, Notary
form attached,)
Dated: S -::'0 -'\1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stale of ~
County of SO-...-.- ~
On ~ \ ?\ "II before me,
DATE
}
177
L,!:-,~,~ ~~
NAME, TITlE OF OFFICER. E.G., .JAN~ OO~NOTARY PUBLIC.
personally appeared 'l),,-vw1n tA, Za.\Jltot; \
NAME(S) OF SIGNEA(S)
o personally known ~o me - OR -1;8:1 proved to me on the basis of satisfactory evidence
to be the person(at-whose name(at- isfe:re-
subscribed to the within instrument and ac-
knowledged tD me that he/si.v;U",y executed
the same in his/Ref/the-ir authorized
capacity(~, and that by his,ll\e,/tI,loir
signature(.st-on the instrument the person(sr,
or the entity upon behalf of which the
person~ acted, executed the instrument.
f.@.....i..e. RICHARDSON 1
_ .' ,-" COMM. /I 1111929 :;;
:;: NOTARY PUBLIC. CALIFORNIA ~
~ SAN OIEoa COUNTY
Lr... .~y~omm. ~xp!!.. ~..~I, ?3: 200.~1
WITNESS my hand and official seal.
SIGNATURE OF NOT AAY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
DATE OF DOCUMENT
NUMBER OF PAGES
Though the dala requested here is not required by law.
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
No. 519:
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though staMe 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)
llnE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o AlTORNEY-IN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON:S) OR ENTlTY(IESI
@1992NATIONALNOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184
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(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.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
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
fill in the dala 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 AlTORNEY.IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
.
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EXHIBIT "A"
ALL THAT PORTION OF LOT 60 OF CITY OF POWAY TRACT NO. 85-04,
UNIT NO, 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO I 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
CENTERLINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 60, SAID CORNER
BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GREGG STREET
( 49.00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 2024.50 FEET; THENCE EASTERLY
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID CURVE 33" 66
FEET THROUGH A CENTRAL ANGLE OF 0057' 09" ; THENCE LEAVING SAID
SOUTHERLY RIGHT-OF-WAY LINE AND SAID CURVE ON A RADIAL BEARING
OF SOUTH 1 6 0 56' 49" WEST 5.00 FEET TO THE SOUTHERLY LINE OF A
5.00 FOOT PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP NO. 12572
AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
CENTERLINE SOUTH 16056' 49" WEST 5.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE SOUTH 16056'49" WEST 43.00
FEET; THENCE SOUTH 2041'44" WEST 182.00 FEET TO A POINT OF
TERMINATION.
ALSO: A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH
SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT ABOVE MENTIONED POINT "A", SAID POINT BEING ON
A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2034.50 FEET (A
RADIAL LINE TO WHICH BEARS SOUTH 16056'49" WEST); THENCE
EASTERLY ALONG SAID CENTERLINE AND SAID CURVE 43.00 FEET THROUGH
A CENTRAL ANGLE OF 1012'39" TO A POINT OF TERMINATION.
THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR
SHORTENED AT ALL ANGLE POINTS AND THE SOUTHERLY LINE OF SAID
PUBLIC UTILITY EASEMENT.
SEE ATTACHED EXHIBIT "B"
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P.O,S:----- GReGG
N,W:COR. _________
L: 'f 60 TP~.B.
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I 20'
1=10'
10' I
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STREET
-------
--
--
-
5' PUBLIC UTILITY
EASEMENT PER MAP NO, 12572
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LOT 60
MAP NO, 12572
SCALE
WATERLINE EASEMENT PLAT
SPEAR & ASSOCIATES. INC.
CIVIL EN8INEEAINll - LUll SUlVEYINll
11115 EAST PENNSYLVANIA AVE,
EllCOIIlIDO. CA lI202!I
PHOIoE (lllll) n7-7V2 FAX (11111) 737-7274
179
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CD ~=oo57'09", R=2024.5', L=33.66'
@ S.l6056'49"W. 5.00'
S.l6056'49"W. 5,00'
S.l6056'49"W, 43,00'
S.l6056'49"W, 48.00'
~=loI2'39", R=2034.5', L=43.00'
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EXHIBIT "B"
96-181