Grant of Easement Water Lines & Appurtenances 1998-0528701
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lDDe # 1998-0528701
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RECORDING REQUESTED BY:
CITY CLERK
CITY 'oF POW A Y
Y1.o P.0"BOX789
\, ~ POW AY CA 92074
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~L\) J .No transfer tax due
\v0'\ Tax Parcel No,.317-270-18
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AND WHEN RECORDED MAIL TO: )
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CITY OF POW A Y
Aug 20. 1998 8:30 AM
OFFICIAL RECORDS
SAN DIEGO lruHTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0,00
DC: NA
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(This space for Recorder's U,c)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATERLINES & APPURTENANCES)
(801-01-339)
William G. And-Judith A, Young (hereinafter "GRANTORS")hereby grants to CITY OF
POW A Y (hereinafter "GRANTEE") its successors,. or assigns, the following described easement
for a righH)f-way in width, 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 afl purposes, together with such fixtures and appurtenances,
including, but not limited to, faCilities for power transmission and communication purposes, at
such locations andelevations,upon,along, over and under the right-of-way described in Exhibit
"A" as GRANTEE may now or here~fterdetermine in its sole discretion without,any'additional
compensation therefor, together with the right of ingress and egress.from the easement by a
practical route ououtes in, upon; over, or across the land described below, together with the right
to use this easement for access to'GRANTEE's rights-of-wil-Y situated in adjacent lands, without
"I 'h fi ,'''hI
. -any addltlOna compensatIOn t ere or. ,"',,,
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The land encompassing this easement is situated in the County of SAN DIEGO, State of
California, and is more particularly described as follows, to wit:
Lot 63 of Po way Tract No, 85-04 Unit 2, Map No, ]2572
filed in the Office of the County Recorder 6fSan Diego County,
February 28,1990 as File No,90"107515
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 Director of Engin'eering Services 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 1
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, .. .500 . ,
G,RANTEE may use~llgates and fences which, now or later, cross anY portIOn of the .easement.
GRANTEE shall alsq be entitled to trim, cut, or clear awayor~remove any trees, brush, or other
vegetation or flora from time to time as. GRANTEE determines in its sole discretion without any
additional compensation,
GRANTORS 'agree 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.itsuse of the easement, change the location of pipelines or
other facilities within the boundaries of the easement rightcof-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 GRANTORS or GRANTORS' 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 GRANTORS and the GRANTORS' heirs,
successors, or assigns, shan.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 interpret the proyisions or
performance of this easement, iheprevailing 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 preslding
officer having authority to make this determination,
GRANTORS expressly warrant and represent that GRANTORS have the power to grant this
easement in accordance with.itsterms:
IN WITNESS WHEREOF, the GRANTORS have executed this Easement this
of 4'" S ' W!l.~.
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day
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William G, Young P' ,
~AiiJt a .~
Ju h A Young
(Signatures must be notarized, Notary fohn attached,)
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CERTIFICATE OF ACCEPTANCE
G~FOf'.I'()I~ .
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This is to ccrtify that thc interest in real propcrty conveyed by the deed or grant dated
A-kiJ'" SjJTI.Ltloll1 Willi;;....".~, 6..r-d. Ju<L;-\:1- A, ~ou,,~
to the City of Poway, a political corporation and/or govertlll1cntal agency is hereby accepted by the
undersigned oiTicer 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 authorizcd of1icer.
Datcd ~Uh-/ IO! 1'1 ')g
By '-~ k :NMJ\-b-
Marj~K, Wahlsten, City Clerk
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, CALIFORNIA ALL-PURPOSE A
NOWLI::.DGMENT
State of,
[,IJ;' /1-#,111 /1
SAN illt~(}
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502
County of
A. .4
On i > /1'11 before me,
DArE
personallyappe'ared wl).JIIII1 C-, YIlI/tt/6- r Jill/If/I 11, '//JIIN~
_ / NAME(S) OF SIGNER(S)
o personally known~o me - OR - g'proved to me on the basis of satisfactoryevidenC8
to be the person(s) whos'e'l1ame(s) ill1are
subscribed to the within instrument and ac-
knowledged to me that h~/they executed
the same in ~their authorized
J~ - - - - - ~~ - - - ~capacitY(ieS)' and that by hi-Sthef/their
i)'-. '<.. RONALD 5, COHEN Signature. (s) on the instrumeht the person(s),
_.... 'n CommISSion '2- 1152813 . . - ,
~ 1;:,"," ,;- Nolory Public, California ~ or the entity upon behalf of which the
i" . Son Diego co.unly cl person(s) acted, executed:the Instrument.
. MyComm,ExpiresAug23.2001
_ _ _ _ _ ~.V""--""~' WITNESS my hand and official seal.
1t0/lllO ), cv/lfil, fIItJ111tlY Itt&/./t
N~E: TIlLE OF OFFiCER. E.G., "'JANE DOE, NOTARY PUBL~~ '
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StGNA lURE OF N9T ARY
THISCERTIFICA TE MUST BE ATTACHED TO
THE DOCUMENT DESCRfBED AT RIGHT:
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
/,
DATE OF DOCUMENT
NUMBER OF PAGES
Though the data requested here is not required by law"
it could prevent frau~ulent reattachment of this form. '
SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASS9CIAT10N-' 8236 Remmel Ave., P.O. Box 7184. Canoga Park"CA 91309.
,
':ALlFORNIA ALL.PURPOSEACKNOWLEDGMENT No'
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State of
}
County of
On
before me,
NAME, nnE OF OFFICER - EG" "JANE DOE, NOTARY PUBLIC"
DATE
personally appeared
NAME(5) OF SIGNER{S)
o personally known to me - OR - D 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
person(s) acted, executed the instrument.
,
WITNESS my hand and official seal.
SIGNA TURri OF NOTARY
No,'
- OPTIONAL SECTION -
CAPACITYCCAIMEO BY SIGNER
~ ~~e.does~. ~re ihc .N~ io
!lllln the dala below, doi!lQ so.may'provc
invaluable to persons relying 00 the dOcument
o INDI"IDUAL
o CORPORATEOFFICER(S)
Tlll...E(S)
o PARTNER(S)0 LIMITED
o GENERAL
D ATTO~N_EY'IN'FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
OOn-iER:
SIGNER IS RERHESENTiNG:
NAME OF PEASON(S) OR ENTITY(IES).
~ 1";- / 19'i (/
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_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though,statU1C dOOs'not rcquircthe Notary 10
fill in the data below, doing so may-prove
invaluable to persons relying on the document.
D INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
o GENERAL
D ATTORNEY-IN FACT
o TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
SIGNER .IS REPRESENTiNG:
NAME OF PEHSON(S) OR ENT1TY(IES)
OPTIONAL SECTiON
TITLE OR TYPE OF DOCUMENT
NUMBER or PAGES
DATE OF DOCUMENT
THiS CERTIFICATE MUST BE ATTACHED TO
tHE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is no(requiretl by taw,
itoould Pf~vcnt fraudulent reat1acnment of this,IOlm. SIGNER(S) OTHER fl-1AN NAMED-.AGOVE
.
503
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EXHIBIT A
AN EASEMENT FOR WATER UTILITY PURPOSES, 20 FEET IN WIDTH OVER, UNDER,
ALONG AND ACROSS A PORTION OF LOT 63 OF CITY OF POWA Y 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, THE CENTERLINE OF SAID EASEMENT IS DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 63; THENCE SOUTHERLY
ALONG THE WESTERLY LINE THEREOF SOUTH 14026'30" WEST, 368,50 FEET TO THE
SOUTHWEST CORNER OF SAID LOT, ALSO BEING A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF KIRKHAM ROAD; THENCE EASTERLY ALONG A CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 1167,50 FEET, BEING THE SOUTHERLY LINE OF
SAID LOT 63 AND SAID NORTHERLY RIGHT OF WAY LINE OF KIRKHAM ROAD,
THROUGH A CENTRAL ANGLE OF 09037'57", A DISTANCE OF 196,28 FEET TO THE
TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE LEAVING SAID
SOUTHERLY LINE OF LOT 63 AND SAID NORTHERLY LINE OF KIRKHAM ROAD, NORTH
04048'33" EAST, 11,60 FEET.
SAID 20 FOOT EASEMENT TO LIE 10 FEET, AT RIGHT ANGLES, ON EITHER SIDE OF
ABOVE DESCRIBED CENTERLINE, SAID EASEMENT SHALL TERMINATE ON THE SOUTH
ON THE NORTHERLY RIGHT OFWA Y LINE OF SAID KIRKHAM ROAD, ALSO BEING THE
SOUTHERLY LINE OF SAID LOT 63, AND ON THE NORTH ON A LINE DRAWN AT RIGHT
ANGLES TO SAID ABOVE DESCRIBED CENTERLINE,
CHARLES R DECK
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EXHIBIT ~.~l
WATER EASEMENT
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