Grant of Easement Water Lines & Appurtenances 2000-0084440't '.
fer
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~E6:0RDING REQUESTE!Y
DOC , 2'OOO--Q'08444'O
"CITYOF POWAY
F~b 18, 2000 8:51
AM
AND WHEN RECORDED MAIL TO'
213Q
OFfICIAl.: REcoRDS
SAN DIEGO COUNTY'REClJRDER'S OFFICE
GREliOO J . SMITH. COUNTY REClJRDER
. FEES: 0.00
IJC: NA
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
2000-0084440
No transfer tax due
APN 317-280-72
(This space for Recorder~s Use)
NO DOCUME~T RA{2NSFE. R TAX NO FEE
(..L. R..c-Q.,("
- ~ ,"';"
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
801-01-353WE
LANCE G. BEESLEY (hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(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 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; includii1g
but noUimited to, facilities for power transmission and communication purposes, at such
locations and elevations, upon, along, over and under theright-of"way descriqed below as
GRANTEE may now or hereafter deterrnine 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
rightto 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 Poway, County of San Diego,
State of California, and is more particularly described as follows, to wit:
PARCEL 3 OF PARCEL MAP NO 18030, IN THE CITY OFPOWA Y,COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 6,1998, AS FILE NO 98-262230 OF
OFFICIAL RECORDS
Said easernent ofright-ofcway in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
GRANTOR, its heirs, successors.and assigns shall not erect or construct or permit to be
erected or constructed,anybuilding, structureorimprovementorplant any tree or trees or
plant any other'vegetation or flora within said easement without the express written approval
ofthe City of Poway as.evidenced.by the signaturEl of the City Engineer on an approved plan,
GRANTOR its heirs, successors and assigns shall not dig or drill any hole or wells on any. .
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portion qf the easement.
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2131
GRANTEE may use all'~gates and fences which, now, or later, cross any portion of the
easement. GRANTEE shi311 also be entitled to trim, cut, or clear away or rernove any trees,
brush,or'other veg~t?tl6n of'f1oraftom time to time as GRANTEE determines in its sole
discretionwittiout any additional compensation.
GRANTORagrees that no other easement or easements shall be granted on, under, or over
this ea"sernerit without the prior written consent of GRANTEE.
GRANTEE, rnay at anytime increase its use of the easement, change the location of pipelines
or other facilities within the boundaries'of the easement right-of"way, or rnodify the size of
existing pipelines or other improvements as it rnay determinedn its sole discretion from time to
time without paying any additional compensation to GRANTClR or GRANTOR'S heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond
the easement bDundaries described above,
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR'S
heirs, successors, or assigns, shail not increase or decrease orpermit to be increased or
decreased the existing ground elevations of the above described easernent which exists at,the
time this documentis executed withoutobtaining the prior written consent ofthe 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 easernent,.the. preVailing party shall be entitled to an award of all
attorney's fees and the costs of the proceeding, which shall be deterrnined 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
easernent in accordance with its terms,
IN WITNESS WHEREOF, the GRANTOR has executed this easement this
r[):.to:l>eJ ,1999
urJ
day of
(Signatures must be notarized, Notary form attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,
2132
.
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State of
County of
S!\I\.)
Dtb40
On 2.gm
pATE
before me,
NAME, nTLE Of OFFICER '(.G., "JANE DOE. NOTARY PVBlJC"
L~cG iS~Lb,",
NAME(S) Of $IGNER(5)
~ personally known ~o me - OR - D proved to me on the basis of \>8tisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me thaI he/she!lhey 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.
personally appeared
lti. C. A. THOMAS ~
- '.,; Comm.#1114735'
~ NOTARY PUB.lIC'CAlIfORNIA IJl
If " San Diego County -
J My Comm. Expires Oct; 16, 2000 T
WITNE~fficial seal.
~/ '
SIGNATURE OF. NOTARY
OPTIONAL SECTION
nilS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
, DATE OF DOCUMENT
NUMBER OF PAGES
_Tnough the data requested here is not required by Law,
it ooutd prevent fraudulent reattachment of this 10m. SIGNER(S) OTHER THAN NAMED ABOVE
.
- OPTIONAL SECTION _
CAPACITY CLAIMED BYSIGNEI
Though ...... does no. req,.", it., NoWy
fill In the data below, ~ng co rN.' ,\<j
k"lvakJabIe \:) persons retyIog on the ~
~ INDIVIDUAL
D CORPORATE OFFICER(S)
~(Sl
D PARTNER(S) D UMITED
D GENERAL
D ATTO~~EY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER
SIGNER IS REPRESENTING.
NAME Of PERSQN(S) OR ENTlTY(IESI
I.MCE &'""0J I:H
~t992 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Pal1<., CA 91:-
,
~ALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT I
;__-..-.:<.<..-.-...,=>-,=,-_~....:.....",->-_-..'-._..;._<.._-.--._____...:...___<-.--____",->-~--",'7--_~_______________-..__-.<.-..-..'>'-:-__'-;-__'='s..:....7:>'-:--..':"-_<.-..'=""'->-<....--7---'~
State of
}
County of
On
before me,
NAME, TITLE OFOFFtCER E.G., "JANE DOE, NOTARY PUBLIC'"
DATE
personally appeared
NAME(S) OF SlGNER{S)
D personally known to me - OR - D 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 ilis/iler/tl1eir autilorized
capacity(,es), and that by his/her/their
signature(s) on tile instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGW,l un( o. r~OT ARY
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNE~
Though staMe dOes not require the Notary.l
lill in the data below, doing so may prev
invaluable 10 persons relying on the dOCurnenl
o INDIVIDUAL
o CORPORATE OFFICER(S)
TffiE(S)
o PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY,IN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER;
SIGNER IS REPRESENTING
NAME or PERSONjSl OR EN'"TlT'I(IE$l
THIS CERTIFICATE MUST BE ATTACHED TO
THe OOCU!,1r:Ul {)[:;CHIBUJ A'j nlGlil
OPTIONAL SECTION
TITLE OR TYPE Of' DOCut"EtH
IJUI.',[l[:Jl (Jr 1'1'(;[- ,>
(Jf,TF or: nOUH/,I,t';
n..........JI. (l." (l;'i,j ":'lW::,I',-0 l,,:,p,' ,,,,II':'),!'''~J lir 1;,...
r. co<M p"'~V"f11 l<a",'1ul<:nl (I:;,!~;t"'"!"',,'''1 01 nu:, t...""
~ll~ULH(S} (1) H I 11lf.U IU,I.',LD N:.O"[- ~ -___
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2133
CERTIFICATE'OF ACCEPTANCE
This is to certify that the interesfin'realproperly conveyed by the deed or grant dated October 28.
1999 from Lance G. Beesley to the City of Poway, a political corporation and/or governmental
agency is hereby accepted by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by Resolution No, 34 adopted on January 20,1981 and the'grantee
consents to recordation thereof by its. duly authorized officer
Dated: i="ebV"llr."'ll!"', :>01":6
By' ~/?IlA-' eLL -Q 1?I',..;;>
Lori Anne Peoples, City Clerk
\accept.cer
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EXHIBIT "A"
2134
LEGAL DESCRIPTION
WATERLINE EASEMENT
(801-01-353 WE)
ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO 18030, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED.IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUN'TVMAY 6,1998, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESrCORNER OF SAID PARCEL 3, 'SAID CORNER BEING A
POINT ON THE NORTIijERLYRIGHT-OF-WAY LINE OF STOWE DRIVE (6500 FEET WIDE),
SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
3532,50 FEET (A RADIAL LINE TO WHICH SEARS NORTH ]002'04" WEST); THENCE
EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH
A CENTRAL ANGLE OF 0023'21" AN ARC DISTANCE OF 23:99 FEET, THENCE LEAVING
SAID NORTHERLY RIGHT-OF-WAY L1NC AND SAID CURVE, NORTH ]036'10" WEST 28,23
FEET, THENCE SOUTH 82o:r3'50" WEST 1600 FEET, THENCE NORTH r3Eho" WEST
150,10 FEET, THENCE NORTH 26034'43" WEST 352 FEET, THENCE NORTH 63025'17"
EAST 10.50 FEET, THENCE NORTH 26034'43" WEST 20,00 FEET THENCE SOUTH
63025'17" WEST 10,50 FEET, THENCE NORTH 26034'43" WEST 104 FEET TO THE
WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID WESTERLY LINE, SOUTH
]036'12" EAST 201.25 FEET TO'THEPOINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE GENERAL UTILITY
EASEMENT AS SHOWN ON SAID PARCEL MAP NO 18030
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
R.
SCALE
. DATE
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EXHIBIT"B"
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10' GENERAL
UTILITY
EASEMENT
PER P ,M
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WATERLINE EASEMENT PLAT
SPEAR & ASSOCIM'ES;INC.
CIVIL ENGINEERING AND LAND SURVEYING
1115 E, l'el-SYLVANIA AVE. ESClHllIXl, CA 92025
(760) 737-7272 FAX (760) 737-7274
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