Grant of Easement Water Lines & Appurtenances 1996-0339293
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5~8:0
DO. 1996.-,0339293
08-JUL-1996 08=10 AM
OFFICiAL RECOROS
----SAH"OIEGOTOUHTY' RECORDER'S OFFICE-
GREGORY SMITH. COUHTY RECORDER
'FEES: 0; 00
\ .~ ......
, ,REW1:W-INIi" ffEQijESlJD 'BY:
CITY OF POWAY
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P;O. B-OX 7B9
POWAY, CA 92074
r~(?5 J\(~
(Thi S. s ace for Recorder's Use
No transfer tax due
Ap'J>/3H-225,.()1 &,02'
GRANT OF EASEMENT
(WATER LINE & APPURTENANCES)
D & B Partners
(hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter
"GRANTEE"), its successors, or assigns, the following.describedeasement for a
right-of-way 20_00 feet in wi dth, in, upon, over, under and across the 1 ands
described below, to erect, construct, reconstruct, replace, repair, maintain, and
use a pipeline or pipelines for any and all purposes, together with-such fixtures
and appurtenances, inc1 uding but not 1 imited to, facil ities for power
transmission and communication purposes, ~t such locations and elevations, upon,
along, over and under the ri ght-of-way descri bed below as, GRANTEE may now or
hereafter determine in its sole dlscretion without any additional compensation
therefor, together with the right of ingress and egress from the easement by a
practi ca1 route or routes' in, upon, over, or across the .1 and descri bed below,
together with the ri'ght to use this easement for access to GRANTEE'S rights-of-
way situated in adjacent lands, without any additional compensation therefor.
The 1 and encomjJas sin] th is easement is s itua ted in the City of Poway, County of
San Diego, State of California, and is more particularlry descrioed-as farrows,
to wit:
Parcell and Parcei"2 of Parcel M~p No 15618 in the City of'Poway, County of
San Diego, State of California, filed in the Office of the County Recorder of San
Diego.C6unty March 24, 1989 as File No. 89-152071 of Official Records.
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Said easement of righ,t-of-wAtin the aforesaid land is parti.arly described as
. follows: .
581
Exhibit "A" and "6" attached
GRANTOR, its he,irs, successors and assigns shall not erect or construct or permit to
be erected or~constructed any building, structure nr 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 evidenc.ed by the signature of the
Director of Engineering Services on an approved pl~n. GRANTOR, its heirs,
successors and assigns shall not dig or drill any hole or wells on any portion of
the, easement.
GRANTEE may !J~eall 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 GRAN1EE.
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 easem~nt 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 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 action for declaratory relief, is brought to
enforce or interpr.et the provis,ibns or performance of thi's easement, the prevail ing
party shall be entitled to an award O( 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 WIT~REOF, the GRANTOR
,19~.
has executed this Easement this
JRIJ
day of
_TIlls Is to certify lUt tilt interest ill lUll JllOll8ItJ CIInri)1ll
by tile deed 0I1f1J1t daiod U ",-<j~ tzo,,; n (p:'
P6.d" <-V) , . . . tDtlleCllJ
.of rOlliJ, eo PDI~::elCOIJloratio.n IIItItor .-Qmental8CllllCJ
Is hereby ecc'epted by t~o undersiiRed officer or qent on fMi.
halfo! \!Ie City C~.:!,;r;1 p,!rsuant to 8~ority conferred by
ResolutiOn No. ~~~optad on J~'1uary 20, "981 aad.tIIe
graAtee COIlIIIIlIlD reCordation theieol by Its duly eutllorimd
ollicer.
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(Signatures mu t be notarized Notary
form attached.)
Daaeit ']-;)."'11.-
IIy ~ k1J~f:iv
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CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT
_ ", d .. _. ,,_<
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582
..-
No. 5907
State of
California
County of . San Diego
Oh
June }, 1996
DATE
before me; Suzanne M.Benson, Notarv Public
NAME" TITLE OF OFFICEP E.G., JANE DOE. NOTi\RY PUBLIC'"
personally..appeared
William F. .Olhausen and Donald H. Olhausen
NAME(S)OF SIGNER(Sj
o personally known to me - OR - IX] proved to me on the basis of satisfactory evidence
to be the person(s) wl:fose name(s) i-&I;He,
subscribed to the within instrument and ac-
kriowledged to llJe that t:lelffie/they executed '
the same i'n A-isl-R€-fl-their auihorized
capacity(ies), and that by A-isl-R€-f-ltheir
signature(sj on the instrument the person(s),
or the ehtity URoh .behalf of which the
person(s) acted, 'executed the instrument.
t - - - - _. - :. ~. ~. - ---- -f
'i).' '. SUZANNEM.c1lENSON ..
- .. *COMM!#IOMOS7 ;
i ~-:. . ~N:lIIC'-.;...CGlIfomIa. I
I .. SAN DIEGO COUNIY I
. ~ ~ ~' ~ :c~~:~~~y~~~ .
WITNESS my hand and official seal.
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'SIGNATURE OF NOTARY
OPTIONAL
Though the data below is noUequired'by,law; it may prove valuable to persons relying on the document and could prevent
traudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o C9RPORA TE OFFICER
DESCRIPTION DFATJACHED DOCUMENT
:Grant of Easement
(Water Line & Appurtenances)
TITLE OR TYPE OF DOCUMENT
TITLE{S)
[j{J .PARTNE8(S)
o LIMITED
IX] miNERAL
Four (4)
NUMBER OFPAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: -
6/3/96
DATE OF DOCUMENT
'SiGNER IS REPRESENTING:
NAME OF RERSON(Sl OR ENTITY(IES)"
. Dand':B Par.tners.
SIGNE8(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY.A~?OQr~TION. ~236_.Rt3.mmel Ave".P.Q. Box 7184 . Canoga Park"CA 9{309-iis4
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583
EXHIBIT"A"
Parcel A.
An easement'for Waterline purposes and appurtenances thereto over, under, along and
across,a strip of land located in Parcel 1 and Parcel 2 of Parcel Map No_ 15618 in the City of
Poway, County of San Diego, State of California, recorded March 24, 1989 in the Office of
the Recorder of said County, more particularly described as follows:
Commencing at the Southwest c.orner of said Parcel 2 of said Parcel Map No 15618, being a
point on the arc of a tangent 55_50 foot-radius curve concave Southerly, a radial-to the point
of commencement bears North 02001 '23" West; thence North 02001 '23" West 226 43 feet to
the True Point of Beginning; thence North 51034:38" West 34 79 feet; thence North
88057'02" West 111.41 feet; thence North 01002'58" East 31 .67 feet; thence South 88057'02"
East 20_00'feet; thence South 01002'58" West 11 67 feet; thence South 88057'02" East 98.17
feet;then~e South 51034'38" East 43 39 feet; thence South 06001 '23" East 28 01 feet;
thence North 51034'38" West 21 45 .feet to True Point of Beginning,
Parcel B:
An easement for waterline purposes and appurtenances thereto over, under, along and
across a strip of land located in Parcel 1 and, Parcel 2 of Parcel Map No, 15618 in the City of
Poway, County of San Diego, State of California, recorded March 24, 1989 in the Office of
the Recorder of said County, more particularly described as follows:
Beginning at the Southwest corner of said Parcel 2 of said Parcel Map No_ 15618, being a
point on the arc of a tangent 55,50 fooiradius curve concave. Southerly, a radial to the point
of commencement bears North.D2001 '23" West; thence Westerly along the arc of said curve
thr()ugh a central angle of 09046'16" a distance of 9.46 feet; thence North 76046'38" West
15,,17 feet; thence South 68019'28" West 56_71 feet; thence South 87058'26" West 108.79
- . - . - .
feet; thence South 02001 '34" East 11,22 feet; thence South 87"58'26" West 20,00 feet;
thence North 02001 '34" West 31_22 feet; thence North 87"58'26" East 117 96 feet; thence
North 02001'34" West500feet; thence North 87"58'26" East 10_00 feet; thence South
02001 '34" East 406 feet; thence North 68019:28" East 56.73 feet; thence South 76046'3W
East 37 00 feet; thence South 06001 '23" East 15 74 feet to the beginning of a non-tangent
55.50 radius curve ,concave Southerly, a radial to said point bears North 10023'19" East;
thence Westerly alonglhe arc of saidcurve'through a central angle of 12024'42" a distance
of 12.02 feet to the Point of Beginning,
This legal description (Exhibit "N) and a sketch labeled Exhi,bit "B" attached hereto and
made a part ofthis legal description was prepared by me or under my direction,
f~~r-9',~~
Robert J Bateman, P LS 7046
EXHIBIT "B"
SCALE. 1"= 50'
DATE 05~ 17-96
LINE
Ll
L2
['J
L4
L5
L6
L7
L8
L9
LIO
L11
L12
L13
L 1.4
L15
L16
LOT -49
CURVE
Cl
C2
PARCEL 1
PARCEL MAP NO.
r7;3 'C I
::J -.I . s 88057'02" E
I'j /98:'/177 7?
, --lJ E:L 'A'
N 88057'02' ~/ .. <5' I! l
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LINE TABLE
DIRECTION
N 51 034 '38" W
N 01002'58" E
S 88057'02" E
S 01002'58" W
S 51 034' 38" E
S 06001'23" E
N 51034'38" W
N 76046'38" W
S 02001 '34" E
S 87"58'26" W
N orOl '34" W
N orOl '34" W
N 87"58'26" E
S 02001 '34" E
S 76046'38" E
S 06001 '23" E
CURVE TABLE
RADIUS LENGTH
55.50' 946'
55.50' 12.02'
DIST4NCE
34,79'
31,67'
20.00'
11,67'
43.39'
28,01'
21.45'
15.17'
11.22'
20.00'
31,22'
5,00'
10,00'
4,06'
3700'
15.74'
DELTA
09046'16"
lr24'42"
TRUE POINT
OF BEGINNING
OF P4RCEL 'A
POINT OF
COMMENCEMENT
FOR PARCEL 'A'
15618
" E
V- N 87058'26" E "L13 6B019:;-
:::t/::77 77/rIT96;;r-/~~:: N 567/3'
~~ARCEL 'e'/ / / / ~ / /, ,
/ ~ /-L-/ ll!!F![J" / / Q06-Pzs"
L.]:::J S 87"58'26" W / / 5 6B 19
Ll0
S 83000'00" W
LOT
A
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CITY 10F
POMERA
PO
DO
WAY TRACT 85-04
BUSiNESS PAR}\-paA
MAP NO j'J7-42
30000'
UN IT
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0::1 I~
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1<')) /........
POINT OF ~',"J
BEGINNING OF Ci ::[;
PARCEL '8' ~~~-------'-7-,c-E
(0 ",-N 760443
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KIRKHAM
COURT
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