Grant of Easement Water Lines & Appurtenances 2000-0014785
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RECQRDJt'iJO RE_QUESTED BY'
DOC' 2'00.0-0014785
1.425
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NO DOCUMENT TRANSFER TAX
,CITY OPROWAY
AND WHEN RECORDED MAIL TO:
,GITYetERK
CrrV0F'POWAY
PO BOX789
POWAY, CA92074
Jan 11.,
AM:
2000 8:32
OFFICIAL RECORDS
SAN'DIEliO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
III , III 111111111111111
2000-0014785
No transfer tax'due
Tax Parcel No.3U -270~08
NO FEE
GRANT OF EASEM-ENT
(WATER LINES & AP'PURTENANCES)
WE 801-01;.374
CWTN CORPORAtiON, a Ca.iifi:lrr'iiCl, Corporation, (hereinafter "GRANTOR") hereby
grants to CrrYiOF!PO\NAY(h~rEii,n.ci.fter "GRANTEE"); its succ;essors, or assigns; the
following describeqea,si'!rrientfqr a rjghhlf-way, in, upon, over, under and across the
lands:descrjb'ed in Exhibit "A," 80cf aepicted in. Exhibit "B';" to erect,construct,
reconstrud",r,E:!place, ,repair, maintaiii, :imd use'a pipeline,orpipelines for any and all
pUrposes, toge!h~rwith SLJC~ fixtures,and appurtenances, including, but not limited to,
facilities,f6rpower transmission;and:,communication purposes, at such locations and
eleyations; ,upon; ?Iong, over and under the right~of-way described in Exhibit"'A';'as
GRANT~E' may now:orhereafter determine in its'solediscretion.'without any additional
compensation"therefor; ,together withthe,rightof ingress and egress from the easement
by a' practical route or rouJes;in, upon,over, or across the, land described below,
togetherwith the'righHousethis easement, for access' to' GRANTEE's. rights-of-way
situated ihacljacent langs; VIIithout 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, towit
.ALL THAT PO~TIQN OF LOT ~~ OF CITY OF POWAY TRJ,l.eT NO 85-04, UNIT 2,
IN THE CITY'OF POWAY; COUNTY OF SAN DIE.GO, STATE: OF CALIFORNIA,
ACCORDING;TOMAPTHE.REOF NO 12572, FILE:D.INTHEOFFICE OF THE'
COUNTY REeORDEROF SAN DI.EGO COUNTY ON FEBRUARY 28,1990
GRANTOR, its heirs, succe::;sors and assigns shall not erect or construct or permit to
be erected ortbnst[ucted,any building, structure;orirnprovement or plant any tree or
trees or plant(anyother veget'ation orflora within said easement without the. express
written approval.ofthe City,of'Poway asevidenced:by the signature of the Director of
DevelopmenFSer:vices.,oman'approved' plan. GRANtOR, Its heirs, successors and
assigns shall not dig ordfill any hole orwells on arw portion ofthe easement.
.
142~
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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 exisiing ground elevations onile 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 actioh 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:3Jil..-!!l-
day of D!Z~KJ\.. ,19 qt1
~
--~k1 (~ Y! J7 ~ jJ
,
CWTN CORPORATION,
A CALIFORNIA CORPORATION
(Signatures must be notarized
Notary form attached)
CAUFORNIAALL-P,URPOSE A KNOWLEDGMENT
-State of
}
1427
CoUnty of
On
before me,
NAME, TITLE OF OFFICER E.G~ -JANE DOE.; NOTARY PUBUC'
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/shelthey 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.
SIGNA TUAE OF NOTARY,
OPTIONAL SECTION
lHlS CERTIFICATE MUST BE ATTACHEO TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
DATE OF DOCUMENT
NUMBER OF PAGES
Though t~e dat!l requested ~~re is not-required by I3w,
it could prevent fraudulent reattachment of this lonn. SIGNER(S) OTHER THAN NAMED,ABOVE
"foIo."t
-OPTIONAL SECTION......
CAPACITY CLAIMED BY SIGNER
Though ....... does no! reqU<e the ~ 10
fll11fl the data' below. dolng so may'prove
lrwakJ3blc ~ pecsoos ref)ing 00 Ule doaJmenL
o INDIVIDUAL
o CORPORATE OFFICER(S)
nn..E{S}
o PARTNER(S) 0 UMITED
o GENERAL
o ATTO~~_EY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON{Sl OR ENTlTY(IESI
@1992 NATIONAL NOTARY ASSOCiATioN ~ 8236 Remmel Ave.. P.O. Box 7184. Canoga Pan<., CA 91309
,
':ALlf:ORNIA ALL.PURPOSE ACKNOWI.:.EDGMENT No
~_-..-s..~''''::'''',>,>,>~~s.-s.<...--........,>,,::>-,:>-~s.~--,,:>...:...:..c:..~-''_-_'--.'-'':';''';''='''-:J.'-;-'-''~'':'''''~<'''''~'>'='_<:''--",->':;.'-;---'<;.':<'..<"<"''=>-'>'>'>'>~''-:J.,>-'-'SS~~<;s.<':::-',="-''''''S-----'',="-_'-..----''''S
.. :::'0' ~~} =~~;i~~;l;
'L. \!:> I ClG) A inval~le to perrons relying on the document.
On before me J}JOD\(YL borrrc\r'\ I l1o-\t:lru LA bhG 0 INDIVIDUAL
DATE 'NAME, TlTl...EOF OFFICER E.G., "JANE DOE. N~TARYPU8llC' -d
"-r"',^ ",N'I ^ <: 'II ^ r,. 1\ LlJ CORPORATE OFFICER(S)
I I lv' 'lVl .;) I Ull-LX.. '1YIOYYl'tS Y\.Qo.JI
Tm..E(S)
o PARTNER(S) 0 LIMITED
O' GENERAL
o ATTORNEY,IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
personally appeared
NAME(S) OF SIGNER(S)
'~perSOnaIlY 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
;ll person(s) acted, executed the instrument.
8
I ._" MONICA DORMAN
8 . COMM: # 1097720
.~.,,; NOTAR.Y~UBUC-CA.. UFORNIA
. SAN .DIEGO COUNTY
I, My Com,", Exp. May 12. 2000
WITNESS my hand and otficial seal.
~IG-N'ATiJ!~!:.or NOTARY
SIGNER IS REPRESENTING"
NAME OF PCRSON(S) OR ENTlTY(I(Sj
THIS CERTIFICATE MUST BE ATTACHED TO
THE OOCUMENl (J[SCrlIBCO fl1 rllGI n
OPTlONA.L SECTION
TITLE OR TYPE OF DOCUMENT
foJur.M3EH or PAGl:S
Dfd[ or DOCUM[Ul
Though (tw (j<.iLii,n!<~U(~~.t(_'(lI,,~[(> 1~"".JI:leql1"("J lJy 1;),,-
(l CQl..fld P'f('v('r\l l'<IlYlu1cnl rf!~I:;!I:.11m.."t a( nll~ lorm
SIGT'JEH(S) Ollll' H 11 iN" rJNvlL:D f<J1QV1: ___~_-_~
-------~~-------~-----~- --~-- ~- ~~-----~-~- ------ ------ ~---
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1428
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
WE 801-01-374
ALL THAT PORTION OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12572, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1990 AS FILE NO 90-107515 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 20,00 FEET
WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLlNES:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 53 DISTANT THEREON
SOUTH 87018'16" EAST 2100 FEET FROM THE SOUTHWEST CORNER THEREOF, SAID
POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF KIRKHAM WAY (65,00 FEET
WIDE); THENCE LEAVING SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT-OF-WAY
ALONG SAID CENTERLINE, NORTH 2041'44" EAST 40,00 FEET, Tf:lENCE SOUTH 8]018'16"
EAST 34,65 FEET TO A PONT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING SOUTH 8]018'16" EAST 126.42 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "B"; THENCE CONTINUING SOUTH 8]018'16" EAST 26,00 FEET, THENCE
SOUTH 2041'44" WEST 24 00 FEET TO A POINT OF TERMINATION,
EJ(CEPT THEREFROM THAT PORTION LYING WITHIN THE PUBLIC UTILITY EASEMENT AS
SHOWN ON SAID MAP NO 12572.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTf'jENED OR SHORTENED AT
ALL ANGLE POINTS AND THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH 2041'44" EAST
22,08 FEET TO A POINT OF TERMINATION,
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 2041'44" EAST
74.00 FEET, THENCE NORTH 8]018'16" WEST 19,00 FEET TO A POINT OF
TERMINATION
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE,
, SCALE 1" = 60'
EXHIBIT liB .. 1429
,
59 I 60
I
-N-
- - ---- S86 '45 '30 "E 285.01'
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~O'
CENTERLINE DATA
CD N02'41'44"E 40.00'
@ 587 '18 '16"E 34,65'
@ 587'18'16"E 126,42'
.
..... @ 587 '18'16"E 26.00'
CI?
to @
C'r) N02 '41'44"E 24.00'
C'r)
\U @ N02 '41'44"E 74.00'
'<T (}) S87 '18'16"E 19.00'
~
..... @
~ N02 '41'44"E 22 ,08'
54 (\J
0
z
53
~~I(
EASEMENTS
i"A' EASEMENT FOR UTILITY PURPOSES
~ RECORDEO MAY 25. 1990 AS FILE
NO. 90-286803 (NOT PLOTT ABLE),
@ EASElENT FOR UTILITY PURPOSES
RECOROEO SEPTEMBER 6. 1991 AS
FILE NO 91-0456675.
@ PUBLIC UTILITY EASE/oENT PER
MAP NO. 12572
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-21.06'- 1
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P,O.B. S8? '18 '16"E 285.00 '
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Cf. ~ 0
-
KIRKHAM WAY Cf.
WATERLINE EASEMENT PLAT
WE 801-01-374
SPEAR '" ASSOCIATES. INC.
CIVIL ENGINEERING A/() LA/ID SLFlVEYING
1115 E, PEIfoSYLVANIA AVE. ESClNlIllll. CA 92025
(760) 737-7272 FAX (760) 737-7'i!14
1" = 60'
8/19/99
CK, RJS
.XII NJ.
98-138
DllG NJ.
98-138WL
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1430 ·
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
f)/~ ~ 1779
from CWTN Corporation, a California Corporation,
to the City of Poway, a political corporation andlor 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: :Tnt'" LO,-, j \ 01 ? 000
By' ~~: nJ\v_,_AJ~PJ o.
Lori Anne Peoples, City Clerk