Grant of Easement Water Lines & Appurtenances 1998-0440537
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1692
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DOC~ 1998~044Q537
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RECORDlNGREQUESTED BY:
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AND WHEN RECORDED MAlL TO: )
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CITY OF POW A Y
Ju~ 16. 1998 8:26
"L.,OmCIAL RECoRDs
SAil DIEGO GOUIITYRECllRDERiS OFfICE
GREGORY J. SMITH; COUNTY RECORDER
FEES: 0.00
OC: NA
AM
CITY CLERK
CITY OF POW A Y
P,O, BOX 789
POWAY, CA 92074
No transfer tax due
Tax ParcelNo, 317-270-43
(This space for Recorder's Use) .
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMEl'lT
(WATER'tINES& M'PURTENANCES)
(WE 801-01-341)
Behnam Badiee (hereinafter "GRANTOR") hereby grants to CITYOF pOWAY (hereinafter
"GRANTEE") its successors, or assigns; ,the following described easement for a right-of-way in
width, in, upon, over, undef'and across the lands described in Exhibit "A" and depicted in Exhibit
"Bi" to erect, construCt,. recoiistruct,replace, repair, maintain, and.use a:pipe1ine or pipelines for
any and all purposes, together with such fixtures and appurtenances; including, but not limited to,
facilities for power transmission and communication purposes, ai;such.Jocations and elevations,
upon; along, over and under tile right-of-way described in Exhibit"A" 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 described below" together with the.right to use. this easement for
access to GRANTEE's rights-of_way situated in adjacent laIlds;withoutany additional
compensation therefor.
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.88 'of Po way Tract No, 85-04 Unit 2, Map No, ]2572 filed in the Office ofthe
Comity Recorder of San Diego County, February 28, 1990 as. FileNo, 90-107515
GRANT9R, its 'heirs, successors and assigns shall not erect' or construct or permit to be erected
or constructed anyhuilding; structure or improvement or plant,anytree or trees or plant any other
vegetation orAlora.within said easement without the express written approyal of the City of
Poway aseviaenced bythe'signature of the DirectorofEngineering Services on an approved
plan, GRANTOR, its heirs, successors and assigns shalI not di'g or'drill any hole or wells on any
portion of the easement.
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. 1693 ." '.
GRANTEE may use aJrgates 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,
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;
GRANTOR agrees 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 anytime increase its use of the easement, change the location of pipelines or
other facilities within the boundaries of the easementright-of,way, or modifY the size of existing
pipelines Dr 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 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'grouIld 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 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 sliallbedetermined by the court orthe presiding officer having
authority to make this determination,
GRANTOR expressly warrants andrepresents that GRANTOR has the power to grant this
easement in accordance with its terms.
IS:-- day of
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
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TIliS Is to Clrtiijltl8t tIIeiinterest ift Ie8IP1U/l811J C8lWe7Id.
'.bytbed81dor&lllllt~ (.-lS -'3 ~'R.h"~"'"
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,~I,PllWlY.8'po\ilfcal c:orpOmjon .ncI/ql fI\l'IIlllnientllqIftCJ
/I herellJ accepteJlby tlIeUndersipl officer or ll&lllIl OR ..
11I11 01. tile City Council pursuant ivaUlliorityQol~,.4.';
ResoIvIionNo. 34,adopIed 011 J.riuaiy 20. 1981 IIId tile
· '"Atee consents to. iec:oidatioft. tlleieaf by.1ts dulr eutIlarlIid
Officer. ,., " , ; '..,..".,.""".".,."...,,-,,,;,
. Datet. l_l:'\");j,;l/.~;:~,:~i~W
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( Signatures must be notarized, Notary form
Attached, )
CALIFORNIA ALL,PURPOSE ~ -;KNOWLEUGMENT
1694
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(/?rI,.ter"" Q }
County of ~ CVY\., l"J ,~{)
On /~_\/)Ml> JffSbefcire me [;kc.4d. j, ))~I/~ PD bkt, fJ,.iJ/~
DATE . NAME, TITl.EOFOFFICEA - E.G., 'JANE DOE; NOTARY PU C'
I3.P41\.4W1 B.adl'..t-I{
NAME(S) OF SIGNEA(S)
o personally known~o me - OR -~roved 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.
State of
personally appeared
~ OFFICIAL SEAl 1
_ -, OSCAR.J, NEVAREZ
NOTARY I'UBUC'CALlFORNIA~
COMM. NO, 1175667' -
l . ' SAN DIEGO COUNTY J
MY COMM, EXP, MARCH 8, 2002
idal seal.
OPTIONAL SECTION'
THIS CERTIFICATE MUST BE ATIACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
DATE OF DOCUMENT
NUMBER OFPAGES
Though the data requested nere is not required by law,
it could prevent fraudulent reattach!!lent of this form. SIGNEA(S) OTHER THAN NAMED ABOVE
NO. 519:
,
-
.:...,:
-OPTIONAL SECTION -
CAPACITY CLAIMED BY'SIGNER
Though staMa does not require the NotalY, t~
fill in the dala below. doing so may prove
invaluable to persons relying on the document
o INDIVIDUAL
o CORPORATE OFFICER(S)
T1Tt..E(S)
o PARTNER(S) 0 UMITED
o GENERAL
D'ATIO~~EY'IN'FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(Sl OR ENTlTY(IES)
~1992 NATIONAL NOTAAY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park, CA 91309-7184'
,
CALIFORNIA ALL.PURPOSE,ACKNOWL.E~GMENT
No. 5193
State of
}
County of
On
before me,
NAME. TITLE OF OFACER. E.G" "JANE DOE. NOTARY PUBLl~
DATE
personally appeared
NAME(S) OF SIGNER(S)
o personally known to me - OR - 0 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.
SIGNATURE OF NOTARY
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though staMe OOes not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
D CORPORATE OFFICER(S)
TTnE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATIORNEY,IN-FACT
o TRUSTEE(S)
D GUAROIAN/CONSERVATOR
D OTHER:
SIGNER IS AEPRESENTING:
NAME OF PEASON(S) OR ENTTTY(IES)
THIS CERTIFICATE MUST BE ATIACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form, SIG.NER(S) OTHER TI-lAN NAMED ABOVE
1695'
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WATERLINE EASEMENT
AN EASEMENT FOR WATERLINES AND APPURTENANCES OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF LOT 88 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE'OFCALlFORNIA, ACCORDING TO
MAP THEREOF NO, 12572, FILED INTHE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON FEBRUARY 28, 1990, AS FILE NO, 90-107515 OF OFFICIAL
RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 88; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 88, NORTH 72000'00" WEST, 18,23 FEET TO
THE BEGINNING OF A TANGENT 2024.50 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID
SOUTHERLY BOUNDARY, THROUGH.A CENTRAL ANGLE OF 02048'57" A DISTANCE OF
99,50 FEET TO THE TRUEPOINTOFBEGINNING; THENCE LEAVING SAID BOUNDARY,
NORTH 15000'00" EAST, 52,72 FEET; THENCE SOUTH 75000'00" EAST, 63,28 FEET;
THENCE NORTH 15000'00" EAST, 211,37 FEET; THENCE SOUTH 76058'29" EAST, 15,01
FEET; THENCE NORTH 13001'33" EAST, 20,00 FEET; THENCE NORTH 76058'29" WEST,
34,34 FEET; THENCE SOUTH 15000'00" WEST, 210,69 FEET; THENCE NORTH 75000'00"
WEST, 167.48 FEET; THENCE NORTH 15000'00" EAST, 229,09 FEET; THENCE NORTH
75000'OO"WEST, 35,50 FEET; THENCE SOUTH 15000'00" WEST, 20,00 FEET; THENCE
SOUTH 75000'00" EAST, 15,50 FEET; THENCE SOUTH 15000'00" WEST, 229,09 FEET;
THENCE SOUTH 75000'00" EAST, 11,92 FEET; THENCE SOUTH 07"23'08" EAST 49,81
FEET; THENCE SOUTH 13034'05" WEST, 9.47 FEET TO SAID SOUTHERLY BOUNDARY
OF LOT 88, BEING A POINT ON A NONTANGENT 2024,50 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, THE RADIAL LINE TO SAID POINTBEARS NORTH 11058'57"
EAST, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 00042'28" A DISTANCE OF 25,01 FEET; THENCE LEAVING SAID BOUNDARY,
NONTANGENTTO SAID CURVE, NORTH 13034'05" EAST, 1.3,55 FEET; THENCE NORTH
07"23'08" WEST 43,59 FEET; l:HENCE NORTH 16045'48" EAST 0,52 FEET; THENCE
SOUTH 75000"00" EAST, 51,61 FEET; THENCE SOUTH 15000'00" WEST, 53,26 FEET TO
SAID BOUNDARY, BEING A POINT ONA NONTANGENT 202450 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH 13040'20"
EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00033'58" A DISTANCE OF 20,00 FEET; THENCE LEAVING SAID BOUNDARY,
NONTANGENTTO SAID CURVE, NORTH 15000'00" EAST, 52,89 FEET; THENCE SOUTH
75000'00" EAST, 13.42 FEET; THENCE SOUTH 15000'00" WEST, 52,76 FEET TO SAID
BOUNDARY, BEING A POINT ON A NONTANGENT 2024,50 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH 14037'05"
EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 00033'58" A DISTANCE OF 20,00 FEET TO THE TRUE POINT OF BEGINNING,
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION,
W,
, MASSON, R.C,E. 17706
6-30-2001
. G:\PROJECTS\1996\6082\6082WTR1,LGL
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1696'
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PLAT TO ACCOMPANY LEGAL
PROPOSED WATERLINE EASEMENT
SCRIPpS
POWAy
PARkWA I'
1" = 100'
THIS PLAT WAS PREPARED BY
ME OR UNDER MY DIRECTION,
MAP 12572
LOT 88
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NUMBER DIRECTION
L1 N 07.23'08" W
L2 N 07'23'08" W
L3 N 72'00'00" W
L4 N 15'00'00" E
L5 N 75'00'00" W
L6 N 15'00'00" E
L7 S 75'00'00" E
L8 S 15'00'00" W
L9 S 75'00'00" E
L10 S 75'00'00" E
L11 N 15'00'00" E
L 12 S 76'58'29" E
L13 S 13'01'33" W
L14 N 76'58'29" W
L15 S 15'00'00" W
L16 N 75'00'00" W
L17 S 15'00'00" W
L18 N 15'00'00" E
L19 N 75'00'00" W
L20 S 15'00'00" W
L21 N 15'00'00" E
L22 N 75'00'00" W
L23 S 13'34'05" W
L24 N 13'34'05" E
L25 N 75'00'00" W
L26 S 15'00'00" W
L27 S 13'43'37" W
L28 N 16'45'48" E
DISTANCE
49,81'
43,59
18,23'
229,09'
15,50'
20,00'
35,50'
229,09'
167.48'
211.82'
210,69'
34,34'
20,00'
15,01'
211,37'
63,28'
52,72'
52,76'
13:42'
52,89'
53.26'
51,61'
13,55'
9.47'
11.92'
460,88'
458,68'
0,52'
TPOB
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POB = SE CORNER OF LOT 88
L-'
99,50
20,00
25,01
271.89'
6},85
R-'
NUMBER
C1
C2
C3
C4
C5
0-
02'48'57"
00'33'58"
00'42'28"
07'41'41"
01'16'23"
2024,50
2024,50
2024,50
2024,50
3053,50
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