Grant of Easement Water Lines & Appurtenances 2009-0007545
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DOC # 2009-0007545
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AND WHEN RECORDEDMAIL TO; ~ D u-k
CITY CLERK ).J
CITY OF POWAY ) \ V1-
PO BOX 789 )
POWAY, CA 92074 )
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RECORDING REQUESTED BY;
CITY OF POWAY
JAN 08, 2009 1053 AM
[IFFICI.6.L REC[lF:C',
':.,6Jl [.IIECiCi l~rlll~HY RELUFi[.IEF:'S OfFICE.
C,6\iID L, BUTLEF:, ,'UUNT'! F:ECClR['ER
FEE": 0,00
DC: N.6.
PAGES: 8
II11I11111111111I1111II1111111111111I11III1111111111111II11II111111111111111111I
(This space for Recorder's use onlY)
APN: 320.220.04
210,8
GRANT OF EASEMENT
EASEMENT FOR WATER LINES & APPURTENANCES
EA 08-02
No Documentary Transfer Tax Due
TURFAMCO-1, a California lirnited liability cornpany (hereinafter "GRANTOR") hereby grants to
CITY OF POWA Y (hereinafter "GRANTEE"), its successors or assigns, the foiiowing described
easernent for a right-of-way, in, upon, over, under and across the lands described in Exhibit:"A",
depicted in Exhibit "8", attached hereto and rnade a part hereof, 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 lirnited to, facilities for power transmission
and communication purposes,.a(such locations and'elevations,upon, along, over and under the,
right-ofcway described in Exhibit "A" as GRANTEE rnay now or hereafter determine in its sole
discretion without any additional cornpensation therefor, together with the right of ingress and
egress from the easernent 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 addition compensation therefor.
The land encompassing this easement is situated in the County of San Diego, State of California,
and is rnore particularly described as follows, to wit:
LOT 4 OF CITY OF POWAY TRACT 86-02R(2) POWAY CORPORATE CENTER UNITS 2 AND
3" IN l!HE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
c~AC'eORDING 'TO MAP THEREOF 'NO, 13944, FILED IN THE OFFICECl(=: THE, 8GCJNTY
RECORDER OF SAN DIEGO COUNTY MARCH 13,2000,
GRANTOR, its heirs, successors and assigns shall not erect 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. GRANTOR, its heirs,
successors and assigns, shall not dig or drill any hole or wells'on any portion of the easement.
GRANTEE may use all gates' and fences, which, now or later, cross any portion of the easernent.
GRANTEE shall also be entiiled to trim, cut. or clear away or rernove any trees, brush, or other
vegetation or flora from tirne to time as GRANTEE deten'nines in its sole discretion without any
additional compensation.
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PaQe 2
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210,9
GRANTOR~grees 'th'atno other easement or easements shall be granted on, under, or over this
easemenfwithoutobtainingthe 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,
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, orif
any arbitration proceeding, admiilistrative 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
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,
f_17L
IN WITNESS WHEREOF, the GRANTOR ,has executed this Easement this 3u---- day of
~U)-JfC., ,20 oP->
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By: -
- /Norm ~1Mg
Its: J!:b-X( I
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(Signatures rnust be notarized.
Notary form attached,)
~ - -Appi6vea as to'Fbrm:
Office of the City Attorney
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dWCA ~
Lisa Foster, City Attorney
CALIFORNIA ALL.~U~POSE ~CKNOWLEDGMENT
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State of California
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On -.J2.tVlC-:) 0, ttvS' before me,
Date
County of
personally appeared
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Here Insert Name and Ti!le of the
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HiCf'1
Name(s) ofSrgner(s)
~ JEANNETTE W, JOHNSON
_ : CommIsslon" 168 '1229
~.. NolQIy Publle . Ca"0,nia f
j san Di<:ga COl ry of
MvComm. EllIlRIAllg 21. 201
- - ~ - - - - - -
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personN whose nameW is/i't!;e subscribed to the
within instrument and acknowledged to me that
he/~y executed the same in his/tKu!!hQir authorized
capacity('rel;), and that by his/i'l-srllheir signature~on the
instrument the persontsl, or the entity upon behalf of
which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California thal'the foregoing paragraph is
true and correct.
WITN ESS my hand and offici a' seal.
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
ana' could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type,of Document
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
- Capacily(iesj Ciaiined'by.Sigher(s)
Signer's Name:
o Individual
o Corporate Officer - Titie(s),
o Partner - 0 limifed 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
Top of thumb'here
Signer Is Representing:
Signer's Name:
o Individual
o Corporate Officer - Tifle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian,or Conservator
o Other:
,
Top of thumb here
Signer Is Representing,
~~~~~_._.-.-._._.~.~.~y~.~.~ ""'.~'-:~~
@2OO7National Notary Association. 9350 De SOlo Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- wwW.NationaINOtary.org Item #5907 Reorder: CallTolI-Frea 1-800-876-6627
EXHIBIT "A"
2111X
LEGAL DESCRIPTION
WATERLINE EASEMENT
WE 801-01-423
EA 08-02
ALL THAT PORTION OF LOT 4 OF CITY OF POWA'! TRACT 86-02R(2),
PQWAY CORPORATE CENTER UNITS 2AND 3, IN THE CITY OF POWAV,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO, 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MARCH 13, 2000, DESCRIBED AS FOLLOWS'
BEGINNING AT THE NORTHEAST CORNER OF SAtD, LOT 4; THENCE
ALONG THE EASTERLY LII>JE OF SAID LOT 4 SOUTH 2'41'29" WEST 60,32
FEETTO'AN ANGLE POINT IN THE EASTERLY LINE OF AN,EASEMENT FOR
WATERLINE PURPOSES RECORDED APRIL 16, 2002 AS DOCUMENT NO,
2002-0316417 OF OFFICIAL RECORDS; THENCE LEAVING~AID EASTERLY
LINE OF LOT 4 ALONG SAID EASTERLY EASEMENT LINE SOUTH 48'06'24"
WEST 36,51 FEET; THENCE SOUTH 2'41'29" WEST 142.23 FEET; THENCE
LEAVING SAID EASTERLY EASEMENT LINE NORTH 87'18'31" WEST 20.00
FEET TO THE WESTERLY LINE OF SAID EASEMENT AND BEING THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE SOUTH
2'41'29" WEST 20.00 FEET; THENCE LEAVING SAID WESTERLY LINE
NORTH 87'18'31" WEST 18,53 FEEOT; THENd~'NORifI1F2'41'29" EAST 20.00
FEET; THENCE SOUTH 8THi'31" EAST 18.53 FEET TO THETROE P01NT OF
BEGINNING.
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EXHIBIT
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PAGE 1 OF 1
EASEMENTS
o PUBLIC l:J Till TY EASEMENT PER
MAP NO'. 13944
@ RECIPROCAL ACCESS EASEMENT
REC, APRIL 12,2000 AS FILE
NO. 2000-0185572 O.R.
@ WATERLINE EASEMENT REC.
4/16/2002 AS DOC. NO.
2002-0316417 O,R.
@ WATERLINE EASEMENT DESCRIBED
HEREON.
LINE
L1
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iL3
L~
L5
BEARING
S48"06'24"W
': S87.,18' 31"E
S87118'31"E
N2"41'29"E
587"18'31"E
DISTANCE
36.S"
20.00:
1i8.53'
20.00"
18,53,'
l\
WATERLINE EASEMENT PLAT EA 08-02
1" : 40'
4/29/08
WE 801-01:--423
SPEAR ,0. ASSOCIMES, INC.
CIVIL ENGINEERING AND LAND SURVEYING
475 PRDDUCTIDN STREET, SAN MARCOS, CA 92075
miD) ,36-2040 "FAX (760) 737-4866
t
J08 NO,
06-207
CI<, RJS
DWG NO.
06-207WL
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2114
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: June 30,2008, from TURFAMCO-1, Grantor, to the City of Poway, Grantee, a
political corporation and/or governmental agency is hereby accepted by the
undersigned officer oragel1t 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: 1.2-/'1/.t1:F'
CITY OF POWAY
Seal:
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