Grant of Easement Water/Sewer/Drainage Lines & Appurtenances 2002-0021491
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, ;~EC~~DING REQUESTE!Y:
DOC. 2002-0021491
CITY OF POWAY
JAN 10. 2002 8:05 AM
lfFICIAl. REClIRDS
SAN DIEGO COUNTY RErnRDER'S OFFICE
GREGORY J. SMITH. COUIfTY RErnRDER
FEES: 0.00
DC: NA
AND WHEN REC,ORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P,O, BOX 789
(qf POWAY, CA 92074
ffCi/t/t
Il'rdI. No transfer tax due
~r APN 275-780-08 & 11 '
<<f
(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER, 'SEWER, and DRAINAGE LINES & APPURTENANCES)
POWAYREDEVEL0PMENTAGENCV. a public body corporate and politic (hereinafter
"GRANTOR") hereby grants to CITv OF POWA V (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, including but not limited to, facilities for power
transmission and co,mmunication purposes, at such locations and elevations, upon, along,
over and under the right-of-way described below as GRANTEE may now or hereafter
determine 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 desc;ribed 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 more particularly described as follows, to wit:
PARCEL 1 OF PARCEL MAP NO, 18617 IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DiEGO 'COUNTY ON DECEMBER 27,2000, AS FILE NO,
0708415, OF OFFICIAL RECORDS,
Said easement of right-ofcway in the aforesaid lana is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
GRANTOR, its heirs, successors and assigns shall not ere,ct or construct or permit to be
erected or constructed,any building, structure or 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 evidenced by the signature of the City Engineer on an approved plan,
ISOtJ-t 9 {)5J -011
"'G'RA~T'OR, its heirs, succe!rs and assigns shallnot dig or dril!y hole or wells on any
portion of the easement
GRANTEE meW use all gates:andJences 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 easementwithout the priorwritten consent of G-RANTEE,
GRANTEE, may at anytime increase its use of the easement, change the location of pipelines
or otherJacilitieswithin the,boundariesof 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 ofthe easement beyond
the easement:boundaries describe'd 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 t8is document is executed withoulobtaining 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 declarat()ry 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
attomey'sJees ahdthe costs of the proceeding, which shall be.determined by the court or the
presiding officer having authority to make this determination,
GRANTOR expr~ssly w.arrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms,
I~NESS WHEREOF, the GRANTOR has executed this,easement this
. , em her ,2001,
]Crt- L
day of
POWAY REDEVELOPMENT AGENCY,
a public body corporate and politic
By:
s L,~owersox, Executive Director
(Signatures must be notarized; Notary form attached)
.
.
CALlFO,lRNIA ALL,PURFtOSE ACKNOWLEDGMENT
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,before me, S&JJ2;;'~~II,'1.i:;'~~J.~~~/3!,~!I(
~I\'\l!'!> l-._VJerWX
Name(s}ofSigner(s)
1j(personally known tome
o proved to me on the basis of satisfactory
evidence "
State of California
countYOf!hf) Dj~()
On ~,Iq, /)00 J
Dale
personally appeared
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SHERRlt D, wORREll
it Commission # 1723093 z
~, Notary Public. Colitomia ~
J Son Diego County t
M( Comm, 8<pfes Jun:l>, 2003
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Place Notary Seal Above
} ss.
to be the .person(s) whose name(s) islare
subscribed to the within instrument and
, acknowledged ,to me that he/she/they executed
the same t; in his/her/their authorized
capacity(ies)";' and that by his/her/their
si9nature(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.
JJ,,,u.L/ ~
Signature of Notary Public
OPTIONAL
Though the information below is notrequired by faw, it may prove valuable to persons relying on the documem
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Do~t
Title or Type of Document: 4~
Document Date: /.;)/ I~ /01
Signer(s) Other Than Named Above:
elY.Af)~
Number of Pages:
'.
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:.'.......
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer;- Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
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TOp 01 thumb here
Signer Is Representing:
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Prod. No. 5907
Reorde.: Call TolI,Free 1-800-87&0827
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EXHIQIT "A"
.
,E.ASEMENT
FOR WAtER.,SEWER~ANIJ'DRAINAGELlNES & APPURTENANCES
TAATPORTION OF PARCEL 1 IN THEglJ')' OF POWAY,COYNTY 9YSAN DIEGO., STATE OF CALIFORNIA
AS SHOWN ON PARCEL MAP NO.. 186,1;:pi\JFILE IN THE OFFICE QFTHE COUNTY RECORDER OF SAID
SAN, DiEGO COUrliTY'DESCRIBEDAS FOLLOWS
BEGINNING,AT APOINT ON THE NORTH,L1NE OF AN EASEMENT AS SHOWN ON SAID MAP.;;.S"Ai'J
EASEMENTFOR PUBLIC ACCESS:.ANp'GENERAL UTILITY PURPOSES" ,SAID, POINT'BEINGN88oj O'OO:'E
12.02 FEET FROM THE WEST L1NE:OF SAfD PARCEL MAP; THENCE CONTINUING N88010:00"E 12..98FEET
TO THE BEGINNING.OF A TANGENT CURVE CONCAVE SOUTHERLY ANDHAVING'A RADIUS OF 1029,00
FEET; THENCEEASTERL Y ALONG',SAID CURVE THROUGH A CENTRAL ANG~E OF 02'06'zi"Ar\J A~C
DISTANCE o Ii' 37.85 FEET TO A,POINTTOvVHICH ARADIAL BEARS NOO'16'n"E; THENCE NOO'OO'OO"E
16.62 FEET; THENCE N43'46'42''W31,53 FEET; THENCENOooOO'OO"E 233,84 FEET; THENCE S90'OO'OQ"E
12.00 FEET; THENCE NOooOO'00"E1 0,00 FEE):; THENCE N90'OO'00"W 12.00 I'EET;'THENCE N60006:00''E
1,52 FEET'TO A POINT ON THE.NORTH L1NE.oF SAID PARCEL 1;, THENCE;S9000@0"W 29.00 FEET TO A
POINT ON A LINE THAT IS PARALLEL WITH I\ND'O,80 FEET EASTERLYOFTHEWEST LINE OF SAID
PARCEL 1; THENCE SOooOO'OO''W 285;67'FEET TO THE POINT OF'BEGINNING.
CHARLES [),FAV
R.C,E.28489 EXP, 03,31-02
EXHIBIT '''Bft
EASEMENT
FOR WAtER, ,SEWER, AND DRAINAGE LINES & APPURTENANCES
TRAGT NO. Sa~ll
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N89'08' 12'W
45.69
N89'07'14"W
NOO'51'48'E
25,08
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SCALE 1'''''100'
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DRAINAGE AND WATER LINE
EASEMENT DEDICATED ON
TRACT 84-03 MAP NO, 11187
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EASEMENT FOR PUBLIC
ACCCESS AND GENERAL
UTILITY PURPOSES AS
DEDICATED TO THE CITY
OF POWAY BY P,M, 18617
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CERTIFI,CATE OF ACCEPTANCE
This' is to certify that the interest in real property conveyed by the deed or grant
dated: December 19, '2001 from Poway Redevelopment Agency, a Public Body
Corporate and Politic, to the City of Poway, Grantee, 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: January 9, 2002
CITY OF POWAY
B~~
Lori Anne 'peoples, City Clerk
Sherrie D. Worrell, Deputy City Clerk
Seal:
N:\city\engserv\01 report\cert. of accept. poway PHF Housing, Inc..doc