Grant of Easement Water Lines & Appurtenances 1997-0257581
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O, BOX 789
POWAY, CA 92074
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DIt D 1997-0257581
03-JUH-1997 08:23 AM
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: O. 00
HA
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ND transfer tax due
Tax Parcel ND, 317-270-42
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(This space for RecDrder's Use)
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
CIRSEVEN, LLC (hereinafter "GRANTOR") hereby grants tD CITY OF POWAY
(hereinafter "GRANTEE") its succeSSDrs, or assigns, the fDllDwing described
easement for a right-Df-way in, upon, Dver, under and acrDSS the lands
described in Exhibit "A," tD erect, cDnstruct, recDnstruct, replace, repair,
maintain, and use a pipeline or pipelines fDr any and all purpDses, tDgether
with such fixtures and appurtenances, including, but nDt limited to,
facilities fDr pDwer transmissiDn and cDmmunicatiDn purpDses, at such
lDcatiDns and elevatiDns) upDn, alDng, Dver and under the right-Df-way
descri bed in Exh i bit "A" as GRANTEE may nDw Dr hereafter determi ne in its SD 1 e
discretiDn withDUt any additiDnal compensatiDn therefor, tDgether with the
right Df ingress and egress frDm the easement by a practical route Dr rDutes
in, upon, over, Dr acrDSS the land described belDw, tDgether with the right to
use this easement fDr access tD GRANTEE's rights-of-way situated in adjacent
lands, withDUt any additiDnal cDmpensation therefDr,
The land encDmpassing this easement is situated in the County of SAN DIEGO,
State Df CalifDrnia, and is more particularly described as fDllDWS, tD wit:
See Exhibit A
GRANTOR, its heirs, succeSSDrs and assigns shall nDt erect Dr construct Dr
permit to be erected Dr constructed any building, structure Dr imprDvement Dr
plant any tree or trees Dr plant any Dther vegetatiDn or flora within said
easement withDUt the express written approval Df the City Df Poway as
evidenced by the signature Df the DirectDr of Engineering Services on an
apprDved plan, GRANTOR, its heirs, succeSSDrs and assigns shall nDt dig Dr
drill any hole Dr wells Dn any portiDn Df the easement.
GRANTEE may use all gates and fences which, nDW or later, crDSS any pDrtion of
the easement. GRANTEE shall alsD be entitled tD trim, cut, Dr clear away Dr
remove any trees, brush, or other vegetation Dr flora from time to time as
GRANTEE determines in its sDle discretiDn without any additiDnal compensatiDn.
.
fI'
GRANTOR agrees that nD Dther easement or easements shall be granted Dn, under,
or over this easement withDut Dbtaining the priDr written consent Df GRANTEE,
GRANTEE may at any time increase its use Df the easement, change the locatiDn
Df pipelines or other facilities within the bDundaries of the easement right-
Df-way, or modify the size Df existing pipelines Dr Dther improvements as it
may determine in its sole discretion from time tD time withDut paying any
additional cDmpensatiDn tD GRANTOR or GRANTOR's heirs, succeSSDrs, or assigns,
provided GRANTEE dDes nDt expand its use Df the easement beyond the easement
boundaries described abDve.
It is also understDod and agreed by the parties that the GRANTOR and the
GRANTOR's heirs, successors, Dr assigns, shall nDt increase or decrease Dr
permit tD be increased Dr decreased the existing ground elevatiDns Df the
above described easement which exists at the time this document is executed
without obtaining the priDr written cDnsent Df the GRANTEE.
In the event of any dispute involving this Agreement, whether or not
litigation is cDmmenced, or if any arbitration proceeding, administrative
proceeding Dr litigatiDn in law Dr in equity, including an action for
declaratDry relief, is brDught tD enfDrce Dr interpret the prDvisiDns or
perfDrmance Df this easement, the prevailing party shall be entitled tD an
award of all attDrney's fees and the CDstS of the prDceeding, which shall be
determined by the cDurt Dr the presiding officer having authDrity to make this
determinatiDn.
GRANTOR expressly warrants and represents that GRANTOR has the pDwer tD grant
this easement in accDrdance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
Df MAY, 19 97
23
day
This is 10 certify lbat the intel~ in 1111 pt1lptlty '""lIl.
bythe deed Of Crant dated '5 - ;;<vn \10'"
c.\V'S<2.~e..r.. I LLC. Iollte,City
01 ~olrl\', I political corporation end/or covernmenlll leency
is hereby accepted bJ llte undenicned officer or qent on ..
hili 01 lIle en, Couftcil PUl$Ulnt to luthority coDlaried ~
Resolution No. 3. Idopled on Jenulry 20, 1981 Ind llte
&fat~ Cli~lIIIlIlD rK<<dalion llt_1 by its duly authorized
officer.
CIl?S'fZ V!Z/J t..t:.. L
4/;~eD
WILLIAM BERROTH, Vice President
(Signatures must be nDtarized.
fDrm attached,)
NDtary
BJ
Dlted: S - &D-'11
'K~
: ~ALI~ORNIA ALL-PURPOSE .NOWLEOGMENT
.64
State of
}
County of
On
before me,
NAME. TlTl.e Of' OFF1CER. E.G~ .JNjE DOE. NOTARY PU6lJC"
CATE
personally appeared
NAME(S) Of SIGNER(SI
o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that helshellhey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE Of NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMEfI/T
THE DOCUMEfI/T DEScRIBED AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMEfI/T
Though the data requested here Is not required by law,
. could prevent fraudulent reattachment 01 this fo,,", SIGNER(S) OTHER THAN NAMED ABOVE
""
- OPTIONAL SECTION _
CAPACITY CLAIMED BY SIGNER
Though ........ "'- no< ......... tho Nowy 10
lill In lhe data below. ~no 60 rNIIy prO'ole
lnva.luabkJ 10 penilOftS rcfyV'lg on !he doct.ment
o INDIVIDUAL
o CORPORATE OFFICER(S)
~Sl
D,PARTNER(S) 0 UMITED
. 0 GENERAl
o ATTORNh:IN-fACT
o TRUSTEE(S)
o GUARDIANICONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
N~E OF PERSON(S) OR EKTTTY(IE$)
Cl992 NATIONAl NOTARY ASSOClATION. 8236 Remmet Ave., P.O. Boll: 7184. Canoga Park, CA 91309.7'
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Stateof iliJCt~'~
County o~ ; (' "P
on~before me,
OA /"f' / i NAME. rln.e OF
" ~ 0 ORPORATE OFFICER(S)
personally appeared~ UC , rr6~
N SIGNER(S)
o personally known to me - OR - ~to me on the basis of satisfactory evidence
to be the perso~hose na~@'~
subscribed to the within instrument and ac-
knowledged to m~a~executed
the same in ~/m<m authorized
capacity(ies), and that bY<KlSJ~ir
signatu~n the instrument the pers~
or the entity upon behalf of which the
perso~ed, executed the instrument.
, p.v Ir~
)~~~,~.~,-
(j.~. SANDI L. DURAN ~
:&a. Comm. #1070590 ::..
~ : NOTARYPtJBUC.CAllFOANrA G)
.: SAN OIEOO COUNTY 0
I ..,,' Comm.ExpSepI.19,1999 ""'"
.... -..... -.............. ~ ~...~~...........
WITNESS m~ hand and official seal.
SIGNATlJRf OF NOTARY
No. 5~
- OPTIONAL SECTION _
CAPACITY CLAIMED BY SIGNER
Though SlaMa does rlOI require the Notary to
fill in the data below, doing so may prove
invaluable 10 persons refying on the docunent
o INDIVIDUAL
TTn..E(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 PERSONCSI OR EHTTTY(rES)
OPTIONAL SE~ c
TITLE OR TYPE OF DOCUME !'trc. * L
NUMBER OF PAGES DATE OF DOC~E~~
SIGNER(S) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here Is not: required by law,
It could prevent: frauduf.ont reattachment 01 this fonn.
.
.
EXHIBIT "A"
165
Portion of Lot 87 of City of Po way Tract 85-04, Unit 2, in the City of Poway, County of San
Diego, State of California per Map No, 12572 filed February 28, 1990, and particularly described
as follows:
Commencing at a point being on the northerly Right of Way line of Gregg Street and also being
the southeasterly corner of said lot 87 and the TRUE POINT OF BEGINNING; thence westerly
along the southerly line of said IDt 87, NORTH 72000'00" WEST a distance of 100.99 feet;
thence leaving said southerly line of said lot 87, NORTH 18000'00" EAST a distance of 13.00
feet; thence SOUTH 72000'00" EAST a distance of25,22 feet; thence NORTH 15000'00" EAST
a distance of322,71 feet; thence SOUTH 75000'00" EAST a distance of20.00 feet; thence
SOUTH 15000'00" WEST a distance of323,76 feet; thence SOUTH 72000'00" EAST a distance
of 54.28 feet to a point on the easterly line of said lot 87; thence SOUTH 11031 '27" WEST a
distance of 13,08 feet to the point of beginning,
Said description contains 7767.99 square feet or 0.178 acres more or less.
date IzI.td , b
a RC 23080 Expires /3i'/97
.,.;'
605'24'05. -"---T
- - - ----r- - - R305TIO'-L2B7. 86 '
I I
i LEGEND I
I WATER EASEMENTlZi.Zi2l I
i LOT BOUNDARY - - - - I
: L4 I
~!~ ii, /I \~
~! LOT 87 0, \~
LOT 88 ~1 ~~~ ~ IS
Zl N'/jl") ,z
I I") N I
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: z~z :
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SCALE: 1. = 80' I V ;i I
L______ L-:il"L.3.y /L....1:2~
N72'00'OC1"W- 3 - 7 - ~ L1-1 / / / / 6
___ 07.33 Ll
__-=---=- GBE.GG - STR-EET -___T.P,Q.B
--------
NUMBER DIRECTION DISTANCE
L1 N72"00'OO.W 100.99'
L2 N 18"00'00. E 13,00'
LJ N72"OO'OO.W 25,22'
L4 N75"00'OO.W 20,00'
L5 N72"OO'OO.W 54,28'
L6 N11'31 '27" E 13,08'
. " .
. ., .
DRAWN BI': LI PSKA
DAm 12/13/96
DWC. ND~
APPROVED BI':
SHT. NAIIE
PROJECT
166
LOT 86
SHT, NO.
1
ACERBIS PLASTICA USA
LOT 87, POMERADO
BUSINESS PARK,
POWAY, CA
WATER EASEMENT PLAT
TO ACCOMPANY LEGAL
DESCRIPTION
OF
1