Grant of Easement Water Lines & Appurtenances 1998-0013421
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DOC '1998-0013421
RECORDING REQUEST~D BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
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Jan
12,
i998 9::55
AI'-'t
OFFICIAL RECORDS
SAN D IEfiO COUNTY RECoRDER'S OFFICE
GREGORY J. SMiTH,COUNTYRECORDER
FEES: 0;00
DC: NA
11111111111111111 11111 IIIIIII~ll~mllllllllllllllllllllllllllllll
No transfer tax due
Tax Parcel No. 317-223-20
space for ,Recorder/s Use)
NO DOCUMENT TRANSFER TAX NO'FEE ~
~'iW. k. J\l ~......
GRANT OF EA~EMENT ~
(\vATER LI NES, & APPURTENANC ES)
Schwan's Sales Enterprises" Inc" (here,inafter"GRANTOR") hereby grants to
CITY OF POWAY (hereinafter ""GRANTEE") its successol's, or assigns, the
following described easement for a right-of~way 20.00 feet in width, in, upon,
over, under and across th~ l~nds described in Exhibi~ ~A,' to erect,
construc~, reconstruct, replace, repair, maintain,and use a pipel ineor
pipel ines for any and all purposes, together with such fixtures and
appurtenances, induding, but ,not limited to, facil it,ies for power
transmission and c6mmuniCa~ion ,purposes, at such lotafionsandelevations,
upon, along, over and under the, right-of-way descdbed in Exh i bit "A" as
GRANTEE may now or hereafter ifetermine i,n its sol edJ,scret ipn without any
additional compensation therefor, together with the right of ingress and
egress from the easement by 'a pract i cal route or routes in, upon, over, ,or
across the land described oel!ow, together with the ,right 'to use this easement
for access to GRANTEE 's rights-of~way situated in adj acent lands, 'wi thout any
additional compensation therefor,
The land encompassing this easement is situated in the {ounty of SAN DIEGO,
State of Cal ifornia, an'd 1"s more particularly des'crfbed as follows, to wit:
Lot 25 ,of Ci,ty of Roway Tract No. 85-04, Unit No. I, in the City of
Poway, CO,unty of San Diego" ,State of Ca I ifor,nia, accordi ng to, map thereof
No" 11742 , fil,edin the office of the County Recorder of San Diego
County, March 9, 1987. '
'Said easement of right-of-way in the aforesaid 1 and is particul arly
described as follows:
Exhibit "A" and "B" Attached
GRANTOR, its heirs, successors ,and assigns sh~l1 not ,erect or construct or
permit to be erected or const ructed any bu iT d'i ng, structure or improvement or
plant any ti:ee or tr,ees or plant any other vegetation or flora within said
easement with9ut tbee)(press written approval of the City of Poway as
evidenced by the signature of the Director of''Engineering Services on an
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1231 .
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approved plan.. GRANTOR, its heirs, success.onsand assigns shall not dig or
dri 11 any hole or 'we lls on any port i on of the easement.
GRANTEE may useallg~tes ,and fenceswhichi nO,wor later, cross ~nyport.ion of
theeasement. GRANJEE shall al so be en tit led to tri m, cut, or clear' 'away or
remove any trees, brush, or other vegetation or flora from, time to 'time as
GRANTEE determines in its sole discr'etion without any additional compensation.
GRANTOR agrees that nooth.er easement or easemen'tS shall be granted on, under,
or over this easemen,t without obtaining the prior written consent of GRANTEE.
GRANTEE may. at any time in,crease its use of thee,ase'ment, change the locati.on
of pipel ines or other 'facil ities within the boundaries of the easement right-
of-way, or modify the size of ex i st i ng pi pe lines or other improvements as it
may determine in its sOle,dj-scretion from tillle 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 theeasemen,t
bound~ries destribed ~bove,
It is al so understood and'agreeci by the parties th~t the GRANTOR and the
GRANTOR's heirs, successo)'Cs',or assigns, shal) not increase or decrease or
permit to be 'i'ncreased ordEicreased the existi~g gro,und elevations of the
above described easement which exists at the tlme this document is executed
wi thout obtaini ng the prior wr'ttten consent of the GRANTEE.
In the event of 'any dispute invoJ,ying this Agreemebt, whether or not
Ht igation is commencgd, Dr if any arbitration pr;qceeding,admi nistrati ve
proceeding or 1 itigation,in law or in equity, includi.ng, an action for
dec Iaratory re hef, is brought to enforce or i nter;prgt,lhe prov i si ons ,or
performance of thi s ea'semerit, Hie prevail i ng p~rtyshan be ent itl ed to an
award of all attorney's fees arid the costs of th'eproceeding, whi,chsha11 be
determined by the court or the presiding officer havin~ authority to make this
determi nati on,
GRANTOR expressly warrants and represents that GRANTOR has the power to grant
th is easement in accordance, with its terms.
IN WITNESS WHEREOF,
of -SQfW'J\>hu0
the ~RANJOR has executed thi.s Easgment this
,19~
In+h
day
Sd\wou-\s Sc..\Q.S ~\?n~e.s, L()L.
r:ThiS is lo'certifylliit:lhe intllrest in real property r.<!nueyed
bythedeedor,granldated 'l-JO,'i'l,off01Tl SehuJG\f\'5
t ~ ,('. ... . ., -
'So.les [t\-lc.i-p-t5~11,,( irltheCily
of Po~, apolitical corll9ration and/or governmental agency
is hereby accepted by thetindersigned officer or agent on bll-
half of the City CQuncilpursua~t to' authorityccinferred by
Resolution rlo. 3,4 ~dcptedon JaouarY',20, 1981and'the
grantee consents to (c':)Illation thereOf by itS duly authorizad
offiClll.
~dL-~'~ ~
(J('c.e.. Dresi,'. +.......-
(Signatyres must be notarized. Notary
form attached.)
,
Dated: 1'2 "3\- '11
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Assi. c.-c:,I~
CAL,IF.QR~IA~LlL;PURPQSE;ACK WLEpGMEIH
'State 01
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1232
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CountY of ---1-\ 10 1'\
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On q-IOA~ before me, Jo Pf/ .lI.."
DA-ry: NAME, :,,-JANE DOE,"NQTAAY pUBLIC.
'personally'appeared o.Jn'M:}. C!~r"SOr\ "'ie.,. Prls,dU\-r--
:NAME{S) OF SldNER(S)
~personally known 40 me-OR - 0 proved'tome on the basis cifsatisfactory evidence
to-tie the person(s) whose, name(s) is/are
subscribed to the within' instrument and ac-
knowledged to me that he/she/they eX,ecuted
the, same in his/her/their authorized
capacity,(ies). and that by his/her/their
signaiure(s>..on theinstrumenlthe persoh(s),
or the ",ntity upon behalf of which the
persOn(sj-acted, executed the instrument.
e" ,', ' '" J oANN, REYNOLDS '
; NOTARY PUBUc,.;..MINNESOTA
. ... MY OOH'''eC!~ ~ 141.00
WITNESS my hand and;offic:iaLseal.
{b1~ft:~;:d
OPTlllNAl SECTION
TITLE OR'TYPEOF DOCUMENT
THIS CERTIFICATE'MUST BE-ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBEROF PAGES,
DATE OF DOCUMENT
Though the data reqLJe.sted h~.re i,s not required by'law,
it could prevent fraudulent reattachment,ofthis form.
SiGNER(S)'OTHERTHAN NAMED, ABOVE
No. 519,~
-OPTIONAL SECTION:-
CAPACITYCLAlrilED BYSIG~ER
Though ~tute ~ not r~uire the' Notary to
fill;' in ..t.h!-l- da.t,a:b_E:!low" do_i,fl9 so' may" prove;
invaluable to persons relying on" the docum-ent.
o INDIVIDUAL
o CORpORATEOFFIC;ER(S)
TITLE(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTO~N_EY'IN'FACT
OTRUSTEE(S)
O'GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTrTY(IES)
.... ",,_.-- . ".-
(~m392 NATIONAL NOTARY _ASSOCIATION.i'8236 Remmet Ave., P.O.-SO)( 7184. Canoga'Pa~, CA 91309-7184
,
~ALlFORNIAeALL.PURPOSE ,ACKNOWLEDGMENT
- - .-.... < --.-.
State of
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County of
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before me,
On
NAME:TITLE OF OFFICER - E,G_, "JANE DOE, NOTAAY PUBLIC"
DATE
personally appeared
f:lAME(S)OF SIGNER{S)
o personaIlYKnown\lome-OR - 0 proved to m'e on the, basis of-satisfactory 'evidence
to be the person(s) whose hame(s) is/are
subscrioed t04he within instrument and ab-
knowledgedto'me thathe/she/they,.eXebuted
the same in his/her/their' authorized
capacity(ies); and that by ,his/her/their
signature(s) on lheinstrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the'instrument
WITNESS my hand and official seaL
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
. SIGNA lURE OF NOTA~Y'
'OPTIONilLsECTION
TITLE,OR'TYPE,0FDOCUMENT
NUMBER OF,RAGES OATE OF-DOCUMENT
'_OPTIONAL SECTION-
CAPACITY CLAIMED BY SIGNER
Though statute dOes not require the, Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
T1TL~(~)
o PARTNER(S) 0 LIMrtED
o GENERAL
o ATTORNEY,IN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENT1TY(IES)
Thoug~ the daia reql!ested tiere _is not required by law,
it could prevent fraudulent reatt~,chmenl ()f,this"form. SIGNER(S).OTrlER'THAN'NAMEO-',ABOVE
; <.-~
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· EXHIBIT "A'-
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S' WIDE UTILITY EASEMENT 0
PER MAP NO. 11742 '"
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WATERLINE EASEMENT
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FORM NO, 1068-2 (REV, 7/90)
COMMITMENT
1234
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 25 OF CITY OF POWAY TRACT NO, 85-04, UNIT NO, 1, IN THE CITY OF
POWAY, COUNTY OF SAN ,DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO, 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON MARCH 9, 1987,
PAGE 6
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EXHIBIT "B"
1235
LEGAL DESCRIPTION
ALL OF THAT PORTION OF LOT 25 OF CITY OF POWAY TRACT 85~94 UNIT 1
IN TifE CITY OF POWAY, COUNTY OF SAN DIEGO, i;'rATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 11742 AS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON MARCH 9, 1987,LYING
WITHIN A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF WHICH
BEGINS AT THE ,SOUTHWEST CORNER OF SAID LOT 25; THENCE ALONG THE
SOUTHERLY LINE THEREOF 14.02 FEET ALONG THE ARC OF A 55.50 FOOT
RADIUS CURVE CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF
14'28'40" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 10'09'14" EAST 28.63 FEET TO POINT "A";
THENCE CONTINUINGN,ORTIi 10'09 '14" EAST 73.14 FEET; THENCE NORTH
55'20'26" EAST 158.11 FEET.
THE SIDELINES OF SAID 20'. 00 TOOT W'IDE STRIP SHALL BE' LENGTHENED
OF SHORTENED TO BEGIN ON THE SOUTHERLY LINE OF SAID LOT 25.
TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF
WHICH BEGINS AT POINT "A" AS DESCRIBED HEREIN; THENCE SOUTH
79'50'46" EAST 39.92 FEET,
LS 4620