Grant of Easement Water Lines & Appurtenances 2000-0084438
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, ~ECORDING REQUESTErty
DOG , 2000-,OOH4438
CITY OF POWAY
Feb 18. 2000 8:51
AM
,
\
A:ND WHEN RECORDED MAIL TO'
\
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY, CA92074
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J.SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
""" II II ""111I'1""" ""-
(Th' ' 2000-0084438, " ,
, IS space TOr Kecoroers use)
NO DOCUMENJ: TRANSFER TAX NO FEE
\~(<..F~l./D
2121
NbJransfer tax due
APN,317-280-70
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GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
801-01-353WE
SPOONERS MANAGEMEN1\ tLC.a California limited Iiabilitycompanv (hereinafter
"GRANTOR") hereby grants to CITY OF POWA 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 in Exhibit "B", to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipeiines for any and all purposes,
together with such fixtures and,appurtenances, including but nbt limited to, facilities for poWer
transmission and communication purposes, atsuch locations and elevations, upon, along,
over and under the right"ofcway described below as GRANTEE may now or hereafter
determine in its soie 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 Poway, County of San Diego,
State of California, and is rnore particularly described as folloWs, to wit:
PARCEL 1 0F 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 COUNTY, MAY 6,1998, AS FILE NO 98-262230 OF
OFFICIAL RECORDS
Said easernent of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE APARTHEREOF)
GRANTOR, its heirs, successors and assigns shall riot erect or construct or permit to be
erected or constructed, any building,. structure or improvernent or plant any tree or trees or
plantany other vegetation or flora within said easement without the express written approval
of the City of poway-as evidenced by the signature of the City Engineer on an approved plan
. 'i . 2122.
GRANTOR, its heirs, sUccelrors and assigns shall not dig or dri~ny hole or wells on any
portion of the ~asemeht
,GRANTEE;may~se,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 rernove any trees,
brush, or othefvegetation or flora from tirne to time as GRANTEE deterrnines in its sole
discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over
this easernel'ltwithout the prior written consent of GRANTEE.
GRANTEE, may'at anytime increase its use of the easement, change the location of pipelines
or other facilitieswithil'l the boundaries of the easement right-of-way, or modify the size of
existing pipelines or other improvements as it rnay determine in its sole discretion from tirne to
time without paying anyadditiona!',coQ1pensation to GRANTOR or GRANTOR'S heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond
the easernent 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 perrnit 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 ofthe GRANTEE.
In the event of any dispute involving,this Agreernent, whether or not litigation is comrnenced,
or if any arbitration proceeding, administrative proceeding or litigation in lawor 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 oftheproceeding, which shall be determined by the court or the
presiding officer having authority to make this determination
GRANTOR expressly warrants;'andrepresents that GRANTOR has the power to grant this
easement in accordance with its terms
IN WITNESS WHEREOF, the GRANTOR has executed this easement this
Ff-6Jl-U.klJ( ,~
ZCW
I
day of
w
'Sn..+:> rI-~ vl
(Signatures must be notarized, Notary forrn attached)
\ . JIG , }
County of . l<j) () Off~O
0i1'J.- ~ I"" a,OC1Jbefore mehaGtJe'J A Silnabn ~
OATE .,.. I~ - 'NM{E:J1Tl.EOFOfACER-E.G":.JANEDOEiNOT"RY,PU~
personally appeared. St-,p,lJhm uJ, S,iX)~
't" NAME(SI OF SIGNER(S}
@.personally known~o me - OR - D.prov~d,io me on the basis of satisfactory evidence
io' be the. person(s) whose name(s) is/are
subscribed to the within instrument andac,
knowledged to me that 'he/shelthey executed
the same in his/her/their authorized
capacity(ies), and that by 'his/her/their
signature(s) on the instrumennhe person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
State of
l(i RACHEL A, SANABRiA"~
-' Comm, # 1238193 In
Ul 6S NOT AR{ PUBLIC. CALIFORNIA VI
San Diego County _-
1. Mv Comm. Ex,!", Oct, 16,20031'
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
KNOWLEOGMEN:T
2123
WITNESS my hand and official seal..
~ka4/vtntJ&~
SIGNATURE OF NOTARY
OPTIONAL SECTlpt./":'" ,_
TITLE OR TYPE OF DOCUMENT(:j (Ine 0 r
NUMBER OF PAGES ~
__ ,~.f
........OPTIONAL SECTlON-'
. .- .. ..'-, - -- -.. ~
C.APACITYClfl,II\:1E[) ,BY SIGNER.
Th:><JJlh ...... does no<. requ<i. !he. No<arf
filt'ln Ihe'"da!a b~~ow,'ci?lngso may;pro~
~I..la.b'e to pe~ rety;og on the docOrnoot
D INDIVIDUAL
o CORPORATE OFFICER(S)
lTTl.E{S)
JZ1!'ARTNER(S) 0 UMITEO
o GENERAL
o ATTO~r::EY-IN.FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
SIGNER.lS RERHESENTING:
~Sman;~
E ~mpJlt--,
DATE OF DOCUMENT ()..,':'/~~OOO
-lhoughthe datarequesled here is not required ,by Law,
ftcould prevent fraudulenlreattachment o!.this fOf!T\. Sl<3NER(S) OTHER.THAN NAMED,f\BOV~,
()fJYlf
,
- -
@1992 NATIONAL NOTARY ASSOCIAT10N"'0236 Remmel Ave., P.O. Box ,7,184 ,. Canoga Park.. CA 91309,
,
':ALlFORNIA: ALL.PURPOSE ACKNOWLEDGMENT No.
~~-"":-'-;>":-~">"3'-S":::"<::"'<-''''':''~':<''"SS,:;>-",,<.._--<..,>''";-~-..~..:...~<~~.:.::...-..:.~_<-.._--_-.----_<::...~,,>--<.._">~~_<....~...:...~..c...-<..<..~.._.:<,~.<,:,:.._-",:_~~<""'<'_",:-"':>~S__<-,__,-,,,",,,......<...~-:::..
State of
County of
On
before me,
NAME, TITl.E OF OFFICER E.G.. "JANE DOE,NOTARY PUBUC"
DATE
personally appeared
}
NAME($} OF $IGNER(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 inslrument theperson(s),
or the enlily upon behalf of 'which the
person(s) aCled, executed the instrument.
WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCur..1rr,n O[SCHI8EO AT f1IGln
SIGN.....1Ufl[ 0"1" NOTARY
OPTIONAL SECTION
TITLE OR TYPE Of DOCUMENT
Thoughtl1l' (J.]l.a,II.'"Clue~,\(,"{j i,r:ll: I:" ""I rC(Jl!1(l"J l;y I,)....
n (:()(fldp(f~venl !lau-1l1i(~nl f<'a113cllrnenl otll!!:, li)lm
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
ThoUgh statute OOes nol require the Notary to
fill in the dala,beloW', doing so may prove
invaluable to persons relying on the document.
D INDIVIDUAL
o CORPORATE OFFICER(S)
TfTLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIlY(I(;S)
r"UMBU-l. or P!\C;I~S
DkTE orDOCUME:Ul
SIGI"CH(S) 011 iU1 11 iN",IMr,1{' 0 AOOVC ~____.__
--------~--~~~--------~~.~ - ~~~ ------------~-~..------...."- '- -- ------
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.
212'
CERTIFICATE OF ACCEPTANCE
This is to certify that the interestin real property conveyed by the deed or grant dated Februarv
7. 2000 fromSPOONERS MANANGEMENT. LLC. a California limited liability comoanv 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: 1Iclxu.D.<\j l L", 2.eao
BY\y\~ ~ O",,^.(~.oL",,/
Lori Anne Peoples, City Clerk
\accept.cer
"
.
.
2125
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
(801-01-353WE)
ALL THAT PORTION OF PARCEL 1 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 COUNTY MAY 6, 1998, BEING A STRIP OF LAND 20 00 FEET IN
WIDTH LYING 1Q,00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLlNES:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT
THEREON NORTH 63025'21" EAST 17900 FEET FROM THE MOST WESTERLY CORNER
THEREOF, THENCE LEAVING SAID NORTHWESTERLY LINE ALONG SAID CENTERLINE,
SOUTH 26034'53" WEST 17 96 FEET, THENCE SOUTH 63025'07" WEST 97,28 FEET,
THENCE SOUTH 26034'53" EAST 6,13 FEET, THENCE SOUTH 14'14'45" EAST 22,00 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOU1H
14014'45" EAST 121 71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE SOUTH 21040'38" EAST 14 42 FEET TO A PONT HEREINAFTER REFERRED TO AS
POINT "C"; THENCE RETRACTING NORTH 21040'38" WEST 14 42 FEET TO SAID POINT "B";
THENCE NORTH 75045'15'''EAST35,OO FEET, THENCE NORTH 63'25'07" EAST 95,84 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE SOUTH 26034'43" EAST
35,04 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 1, DISTANT THEREON
NORTH 63025'21" EAST20118FEET'FROM THE SOUTHWEST CORNER THEREOF
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE GENERAL UTILITY
EASEMENT AS SHOWN ON SAID PARCEL MAP NO 18030,
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL LOT LINES, ANGLE POINTS AND SAID GENERAL UTILITY EASEMENT
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 74042'47" WEST
69,70 FEET, THENCE SOUTH 68011'04" WEST 10,00 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID PARCEL 1 (NORTHEASTERLY RIGHT-OF-WAY
LINE OF CROSTHWAITE CIRCLE, 4900 FEET WIDE), SAID POINT BEING ON A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 374,50 FEET (A
RADIAL LINE TO WHICH BEARS NORTH 68010'47" EAST) DISTANT THEREON
THROUGH A CENTRAL ANGLE OF 4045'56" AN ARC DISTANCE OF 31 15 FEET
FROM THE NORTHWEST CORNER THEREOF
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 69026'38" WEST
22,00 FEET TO A POINT OF TERMINATION,
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 21040'38" EAST
23,20 FEET, THENCE SOUTH 70019'22" WEST 6701 FEET TO THE
SOUTHWESTERLY LINE OF SAID PARCEL 1 (NORTHEASTERLY RIGHT-OF-WAY
LINE OF CROSTHWAITE CIRCLE, 49,00 FEET WIDE), DISTANT THEREON NORTH
20026'00" WEST 13,15 FEET FROM THE SOUTHWEST CORNER THEREOF
. r ~...
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.
2126
EXHIBIT "A"
PAGE 2 OF 2
BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 63025'07" EAST
67,29 FEET, THENCE SOUTH 26032'27" EAST 18.00 FEET TO A POINT OF
TERMINATION,
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
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L=9 ,07' UTILITY EASEMENT
MOST W'LY \ ___ PER P.M 18030
CORNER ~ ::J -------____
PARC:~41,45 '56" / - S.20 '26 '00"E-154,67'----
E:~I:1'~~' -----.)~ CROSTHWAITE ~ ~ -
N.6B'10'47"E (R) 1 ~ IRCLE
---______1
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&::::.20 '26 '00 "W -
1315'
WATERLINE EASEMENT PLAT
[HI, TEP [](, IUi
SPEAR '" ASSOCIATES, INC.
CIVIL ENGINEERING AI{) L>>ll SURVEYOO
H 15 E. I'eNSYl..VANIA AVE. ESaNlmo. CA 92025
(75Ol 7'!f1-7Z72 FAX (750) 7'!f1-7Z1~
SCALE 1" = 40'
DATE 2/02/99
..00 NO,
97-157WL
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