Grant of Easement Water Lines & Appurtenances 2009-0641525 'i
� " D�C # 2�09-�641525
; RFC�RDING REQUESTED BY IIII I III III IIIII II I I I IIIII I IIII III I I IIII I III
CITY OF POWAY
AND�WHENREOORDED�MAILTO: ' NOV 17, ZOO9 3:59 PM
�� OFFICIAL RECORDS �
CITY CLERK ;Ald UIEGO LOLiIJTY REGJRGER'S OFFILE �
CITY OF.,POWAY DAVIU L Bl1TLER, L01 iNTy FEL:OFDEF
lo� P,O. BOX 769 • FEES: O.OU
POWAY CA 92074 DG IJA
!� �,/y �336�; - PAGES: 10
�CI 1 �' I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
( I his 5pace ror necoroer s �se�
Tax Parcel No. APN 321-021-03 �
GRANT OF EASEMENT `
(WATEF2 LINES & APPURTENANCES)
W I-05-495
No Documentary Transfer Tax Due
POWAY UNIFIED SCHOOL DISTRICT (hereinafter "GRANTOR") hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following
described easements 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, at
such locations and elevations, upon, along, over and under the 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, oracross the land described
below; together with the right to use this easement, for access to GRANTEE's rights-of-
way situated in adjacent lands withouYany 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:
PORTION OF LOT 7(SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER)
OF FRACTIONAL SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN AS CONVEYED TO POWAY UNIFIED SCHOOL DISTRICT
BY DEED RECORDED AUGUST 26, 1968, AS FILE NO. 147506 OF OFFICIAL
RECORDS.
GRANTOR, its heirs, successors and assigns shall not erector 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
Development 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.
GRANTEE may use all gates 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.
�,q-GE'6
� 13�63
GRANTOR agrees that no other easement or easements; shall be granted on, under, or
ove� this easement without obtaining 4he prior written consent of GRANTEE.
GRANT,EE may at any time increase its use of the easement, change the location of
pipelines orother facilities within the boundaries-of the easement right-of-way, or modify
the size� of existing pipelines or other improyements as it may determine in its sole
discretion from time to time without paying any additional compensation to GRANTOR
or GRANTOR's heirs, successo�s, 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 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, or if any arbitration proceeding, administratiye proceeding or litigation in
law or in equity, includ_ing 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 awa�d of all attorney's fees and the costs ofthe procseding, which shall be
determined by the couR 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.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this � 8kh day of
SPp-� �r�6?r , 2009.
POWAY UNIFIED SCHOOL DISTRICT
By:
Jo n . Colli
ItS: De u y Superintendent
By:
ItS:
i __ ._ -- -
' � CALIFOlaNIA ALL-PURPOSE 13 3 6 4 r
I CERTIFICATE OF A�KNOWI.EDG'1VIEloTT
�
;
�
; State of California
_
;
i County of Sun ��� �ee( p
I
I
i On Sep��`L 00� before me, Su, So.� K. K; �c k. v� e�/, A NOTARY PUBLIC
� - (Here inserl narne and.title of fhe officer)
I personally appeared �o �'1 v1 �• C � � 1 �� h S ,
I
� who proved to me on the basis of satisfactory evidence to be the person(s�'whose name(�i§/aFe-subscrioed to
� the within instrument,and acknowledgedrto me that he/� executed the same in his�"
i capacity(iesj; a nd that by his/i�3eii signature(�n the instrumentthe'person(� or the entity upon behalf of
� which the person f�'acted, executed the instrument. �
I certify,under PEIVALTY OF PERJiJRY under the laws of the 5tate of California thatthe foregoing paragraph
is true.and cottect, susnn K. KisCHNEa
Commlulon M 178647l�
I � `� Notarv Pubiic cauroiruc "�
j WITNESS my hand and official seal. san oiepo counM
I . � comm. Ja,e 2o�x.
� �� �• / )'�.�`'�
i (Notary Seal)
Signature of Notary Putilic
i
I
I ADDITIONAL OPTIONAL INFORMATION
i INSTRUCTIONS FOR COMPLETING THIS FORM
� � Any acknaw(edgment comple(ed in California must conmin verbmge� ernet[y qs
� DESCRIPTI�N �F THE ATPACHED� DQCUMENT apFears above in rhe notary secrlon or a separate acknawledgmenr form must be
I /' _ 1 T � �praperly completed and attached to tHa( dxument The anly exception is rf a
� �`( GK�F' n li(.l5 e��,y�•�- document ii ta 6e�recorded outside ofCaliforma. !n such'instanres, any.al[errtative
i � . � ac,6�owledgment verbmge as'may be primed on such a so lorcg as the.
1 (TiUe or descriptio of attached document) ver6iage does noi�requve. (Fe no(ary m do somethmg thaG.is illega! for a nomry �im
� } \ d /� Calfornia (i.e. cerkf}nng the,authorized capaciry of the signer). P/ease check.(he�
W 6-\�f M•h4� q rl ��Y.�eN0.�1t S
i 1 document carefully jor proper mtarial wording and attach thit form tf required.
(Title or description of atiached document continued)
� N11InUC7 Of 1�3 OS.� DOG�lIDC171 D3t0 4 ��8 .Q.y • Siate and County infoirnation must be ti�e..S[afe and'�CounTy�where the document
� g sigrier(s) personally appeared before the no�ary public for,ackriowledgment.
i • Dffie of notarization must be the date fhal the.signer(3),personally appeared�which
i mustalso be fhe same date the acknowledgnent is completed.
i (Additional.infotmation) • 7tie noiary public must priut his or�her name as��it appeais within his or her
commission followed by a conux�a arid Lhen your title (notary public).
• Pririt the name(s) of document signer(s) w6o personally appear at the time. of
i notanzazion.
� CAPACITY CLAIIVIED BY'rHE SIGNER • Indicate the�coaect siugular or plwal fortns tiy crossing�off.iuco�rect foims�,(i.e.
❑ IRd7V1(lll21 (S� - he�she/ihep .isdere ) or circling tke corred fomvs. Failure to wrtectty indicaze tltis
I � infortnation may lead to rejection of document recording.
� ❑ COIPOt320 �1CCi •"Ihe� notary seal ¢npression must be clear and photogaphically reproducible.
�� impression must,not cover tezt��orlines. If seal impression smudges, re-seal if a
; (Title) s�cirnfarea permits otherwise complete a different acknowledgment fortn.
I ❑ PailIl07(S) • Signazure of ihe notary publirmuet match the signature on�file with�the office�of
ihe couuty clerk.
� ❑ Attomey-in-Fact •> Additional infamalion is not requved but codd help to ensure this
I ❑ TLILStCO(5� ecknowledgment is not misused or aUached to a differen[ document.
I ��h Indicate title or type of adached dxument, number of pages md�date.
I . indicffie the capuiTy claimed by tl�e��si�er. If the claimed capacity is a
+ corporate offireq indicffie tfie title (i.e. CEO, CFQ Secrelary).
' • Securely aaach this documem to the signeddocianent
I
�_ _
2008�VersionCAPAvl2.10.09600-873-9865 www.NotaryClasss.com
; � 13365
G` ,�� oF �o�,�
CERTIFICATE OF ACCEPTANCE
T yf �.o u.e � ° c {� V � Y
C � T Y IN THE eG�J
This is to certify that the interest in real property conveyed by the deed or
grant dated: September 18, 2009, by Poway Unified School District, Grantor, to the
City of Poway, Grantee, a political corporation and/or goverrimental agency is hereby
accepted by the undersigned officer or agent on behalf of the City Council pursuant
to authority confe.rred by Resolution No. 34 adopted on January 20, 1981, and the
grantee consenfs to recordation thereof by its duly authorized officer.
Dated: � � ° CITY OF POWAY
Seal: y: `
inda A. T�oyan, MMC
Ci4y Clerk
: ' F.XHIBIT"A" 13366
LEGAL DESCRIPTION
AN EASEMENT FOR A WATERLINE AND APPURTENANCES THERETO OVER,
UNDER, ALONG AND ACROSS THAT PORTION OF LAND CONVEYED TO
POWAY UNIFIED SCHOOL DISTRICT BY DEED RECORDED AUGUST 26, 1968
AS FILE NO. 147506 OF OFFICIAL RECORDS IN THE OFFICE OF THE COLJNTY
RECORDER OF SAN DIEGO, SAID LAND BEING A PORTION OF LOT 7
(SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER) OF FRACTIONAL
SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, DESCRIBED AS FOLLOWS:
PARCEL "A"
A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF TIERRA
BONITA ROAD (60.00 FEET WIDE) WITH THE CENTERLINE OF TWIN PEAKS
ROAD (102 FEET WIDE) AS SHOWN ON SUBDNISION MAP ``TWIN PEAKS",
SAN DIEGO COUNTY MAP NO. '7332; THENCE ALONG THE CENTERLINE OF
SAID TIERRA BONITA ROAD NORTH O1° O1' 14" WEST (RECORD NORTH 00°
46' 41" WEST PER MAP NO. 7332), A DISTANCE OF 714.20 FEET TO A POINT
� HEREIIV DESIGNATED AS PbINT "A"; THENCE CONTINUING ALONG THE
CENTERLINE OF SAID TIERRA BONITA ROAD, NORTH O1° O1' 14" WEST
(RECORD NORTH 00° 46' 41" WEST PER MAP NO. 7332), A.DISTANCE OF 367.81
FEET; THENCE AT A RIGHT ANGLE TO THE CENTERLINE OF SAID TIERRA
$OTIITA ROAD, SOUTH 88 58' 46" WEST, A DISTANCE OF 32.00 FEET MORE
OR LESS TO A POINT ON THE WE3TERLY RIGHT-OF-WAY LRVE OF TIERRA
BONITA ROAD (60.00 FEET WIDE), SAID POINT BEING THE TRUE POIIVT OF
$EGINNING; THENCE LEAVING THE WESTERLY LINE OF SAID TLERRt?e
BONTTA ROAD, SOUTH 65° 18' S3" WEST, A DISTANCE OF 101.48 FEE'P,;
THENCE NORTH 54° 4T l3" WEST, A DISTANCE OF 101.63 FEET; TAENCE
NORTH 90° 00' 00° WEST, A DISTANCE OF 279.69 FEET; THENCE SOUTH 45° 00'
00" WEST, A DISTANCE OF 10.98 FEET; THENCE SOUTH 00° 00' 00" WEST, A
DISTANCE OF 315.51 FEET; THENCE SOUTH 48° 45' 31" EAST, A DISTANCE OF
85.46 FEET; THENCE SOLTTH 00° 15' S1" EAST, A DISTANCE OF 5.30 FEET TO A
POINT HEREIN DESIGNATED AS POINT "B"; THENGE CONTINLJING SOUTH
00° 15' S]" EAST, A DISTANCE OF 35.83 FEET TO A POINT HEREIN
DESIGNATED AS POINT "C"; THENCE CONTINUING SOUTHbO° 15' S1" EAST,
A DISTANCE OF 13.70 FEET; THENCE SOUTH 44° 44' 23" WEST, A DISTANCE
OF 14.24 FEET; THENCE NORTH 89° 25' 14" WEST, A DISTANCE OF 130.52
FEET; THENCE SOUTH 34° 55' S2" WEST, A DISTANCE OF 43.89 FEET; THENCE
SOITTH 00° 36' 08" EAST, A DISTANCE OF 128.28 FEET TO A POINT HEREIN
DESIGNATED AS POINT "D"; THENCE CONTINUING SOUTH 00° 36' 08" EAST,
� 13367
A DISTANCE OF 269.47 FEET TO A POINT HEREIN DESIGNATED AS POINT
"E"; THENCE CONTINUING SOUTH 00° 36' 08" EAST, A DISTANCE OF 110.41
FEET; THENCE SOUTH 4�° 00' 00" WEST, A DISTANCE OF 30.65 FEET; THENCE
SOUTH 00° 22' S3" EAST. A DISTANCE OF 2438 FEET MORE OR LESS TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF TWIN PEAKS ROAD
(102.00 FEET WIDE) AND THE POINT OF TERM[NAT10N.
THE SIDELINES OF SAID EASEMENT SHALL TERMiNATE AT THE WESTERLY
LINE OF SAID TIERRA BONITA ROAD AND AT THE NORTHERLY LINE OF
SAID TWIN PEAKS ROAD.
PARCEL"B"
A STRIP OF LAND 20:00 FEET IN W1DTH LYING 10.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFQREMENTIONED POINT "A"; THENCE AT RIGHT
ANGLES TO SAID CENTERLINE OF TIERRA BONITA ROAD, SOUTH 88 58' 46"
WEST; A DISTANCE OF 32.00 FEET MORE OR LESS TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF TTERRA BONITA ROAD (60.00 FEET
WIDE), SAID POINT BEING THE TRUE PO1NT OF BEGINNING; THENCE
LEAVING THE WESTERLY L1NE OF SAID TIERRA BONITA ROAD SOUTH 89°
52' O1" WEST, A DISTANCE OF 40496 FEET TO AFOREMEN.TIONED POINT "B"
AND THE POINT OF TERMINATION.
THE SIDELINES OF SAID EASEMENT SHALL TERMINATE AT THE WESTERLY
LINE OF SAID TIERRA BONITA ROAD.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A"
DESCRiBED ABOVE.
PARCFL"C"
A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF
THEFOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT `B'; THENCE SOUTl-[ 89°
44' 09" WEST, A DISTANCE OF 20.0� FEET TO THE POINT OF TERMINUS.
THE SIDE LINES OF SAID 20.00 FOOT STRIP OF LAND TO TERMINATE
WESTERLY IN A LINE�PERPENDICULAR TO THE CENTERLINE THROUGH
THE POINT OF TERMINUS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A"
DESCRIBED ABOVE.
L\YRO1GCiS\OSOTAtl�rvn�LCgvle�Revked LF.GnL In'SCNIPTION-wAT6RLIKL doc
13368
PARCEL"D"
A STRIP OF LAND 20.00 FEET IN WIDTH LY1NG 10.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT `C'; TFIENCE SOUTH 89°
44' 09" WEST, A DISTANCE OF 22.00 FEET TO THE POINT OF TERMINUS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A"
DESCRIBED ABOVE.
PARCEL"E"
A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT `D'; THENCE NORTH 89°
23' S2" EAST, A DISTANCE OF 49.02 FEGT TO THE POINT OF TERMINUS.
EXCEPTTNG THEREFROM ANY PORTION LY[NG WITHIN PARCEL "A"
DESCRIBED ABOVE.
PARQEL"F"
A STRiP OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT `E'; THENCE NORTH 89"
23' SY' EAST, A DISTANCE OF 17.65 FEET TO THE POINT OF TERMINUS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A"
DESCRIBED ABOVE.
�`� �AND ` q�� G
O'k—�F.a 7i7i O !'�` Jt, � o � S �p`S A✓
THOMAS A. JO S DATE :;.;;•�;,.
,�..>:-: �
L.S.6622 �c �'�y��l� �+'
N� No.6622 ��c
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L\I'ROlECTS\OSONdminVsgals\HCViscd LEGAI. IIlSCNIPTION-WA'f FRI.INC.doc
� EXHIBIT 'B' � 13369
32' 28' SCALE 1=200'
PCL 'A'
TIERRA BONITA COURT
M 3 ����r�I � �
I 3 ��._ � �AND �
a �
�� o� Q �' p,5 A. I
I °a o � �� - �
�
POINT 'B' v � z POINT 'A � ��
PCL 'C' PCL 'B'
PCL 'D' _ _ _ _ _ � N0. fi6 �
� � POINT �C� Z � � TqTF OF �p1.\��� 5
m
1�/Jr�i� �JJ`�
POWT 'D' ; � PCL 'E' �
��F� L� / �° �
I � �i�l 1/�f � r ��i�l °l/ �� �� w
a I �
r ,Jrrr J 3
I w-
� ¢ - r -i �, r� -� ���i 3 �
POINT 'E' '� J. n.A/J. �° EVENING STAR D
�o
�PCL 'F' �Z32'28 1�1�T�� ,:S:J��
z
S 88'48'33" E 632.48' P•O.C.
I (TIE LINE) ;�
TWIN PEAKS ROAD � -
�
EASEMENT FOR TIERRA BONITA ELEMENTARY SCHOOL
Date
BDS ENGINEERING, INC.
06/09/09 CIVIL ENGINEERING
LAND SURVEYING
Scale Oraxn 6859 Federal Bowlevard Sheet No.
Leman Crove, Califo�rnia 91945 1 OF Z
1:200 R.E.B. rs�9� 582—�9�z I J
OWG FILE L\PRQIELTS\050]\Engr\F/SEMENT�CASEAIENi.dwg
EXHIBIT 'B' 1331�
PCL 'A' S 88'58'46" W 32.00'
T.P.0.6. PCL. 'A'
- - N 90'00'00" W 279.69'
�
o N 54'47'13" W 101.63'
� 32' 28'
_ � \0� �$ �
. � in � � � o� O
Q
N � � S 6 � � �
0
� ; w � ��i� L� 1 �� �
scn� ,=,00' o �,,� ��i�/ `l/'f J�~ ��i�l `l,'f �� I o
o �
� � � f r r 3 ` — I.
v' � � �n Y r�r�r r Jr (�` r J �•° cE3
��
� o - r -��f :�, i� � ����, :�.�.����. oz �
� � w
cn POINT 'B' — P.O.C. PCL 'C' � �
S 88'S8'46" W 32.00'
PCL 'B' T.P.O.B. PCL. 'B'
PCL 'C' -- S 89'S2'01" W 404.96'
SEE DETAIL BELOW ��
PCL 'D' I S 00'15'51 E 35.83' POWT 'A'
POINT 'C' — P.O.C. PCL 'D'
— � S 00'1551" E 13.70'
S 44'44'23" W}4.24' 32 28
PCL 'A'
SEE SHEET N0. 3
I I S 89'44'G9" W 20.00'
b�_ PCL 'C'
0
��� 4� o I -- — — LAN D S(�
PCL 'D' POINT 'B' t�,��'� S A. �n
� P.O.C. PCL 'C' „
scue t=so' �^ �
c.i � p POINT �C� EXP. 12-31 09 N
� P.O.C. PCL 'D'
S 89'44'09" W �} N0. 662 �
22.00' sT OR ��Q-
PARCEL 'C' & 'D' DETAIL oF cn��F
SCALE: 1" = 50'
EASEMENT FOR TIERRA BONITA ELEMENTARY SCHOOL
Dc(e
BDS ENGINEERING; INC.
06��g��g CIVIL ENGINEERING
LAND SURVEYING
Scole Drown 6859.Feder¢C Boulevard Sheel No.
Le�m.on Crove, Ca.liforn.tia 91945 � �C Z
1:100 R.E.B. �s�s� 5a2-assz � �
owc. vae �:�aROdecrs\aaa�\��e,\cnxMenr�casen+[Nr.dwy
!
� EXHIBIT 'B' 13371
POINT 'B' PCL 'C'
SEE SHEET N0. 2- POINT 'C' - P.O.C. PCL 'D' POINT 'A' 32� 28�
S 00'15'S1" W 13:70'
S 44'44'23" W 14.24'
N 89'25'14" W 13a.52'
S 34'S5'52" W 43�
S 00'36'08" E 128.28' I
PARCEL 'E' �
�o� o SCALE 1=100' �
�
w
w �4 �Q
�o
o � ;� N 89'23 E 49A2 P JR L J7 7 °�
z � � � 1 J 1 � ��-'f J r :� �i�l 1/ -'r �
00
a� N rr r-r r ° Q
Yr�r�( - r �r ( � J z �c�'
� w - r -�% J f� i���� v Z I
�o � o 0
N
m
I M �.�'.l�l�. �
a �
i o
a N PARCEC 'F' � Q
�
U �°� �� IAND S � w
� � �—J- P S A. ^ H
0
� p z
=-` ~ EXP. d2-31-0
w � N 89'23'52" E 17.65' � N0. 6622 � I
Z � S 0036'OS" E 110.41' s
° a � � qlE OF Cp1.\����
S 45'00'00" W 30.65' 32' 28'
S DO'22'53" E 24.38'
S 01'11'27" W 50.94'
(TIE LINE) S 88 E 632.48' �
(TIE LINE) —�
TWIN PEAKS ROAD � P.O.0 �
�
EASEMENT FOR TIER'RA B:ONITA ELEMENTARY SCHOOL
�ate
HDS ENGINEERING, INC.
06/09/�g CIVIL ENGINEERING
LAND SURVEYING
Scale �rawn 6859 Federal Lfovlevard Sheet No.
Le�m,o�n. Crove, Cadiforritia 91945 Z OC Z
1:100 R.E.B. rs�s� 582-ass� �� �
DWG. FlLE L\PROJECiS\0507\Eng�\EASE�AENT�USEF1EM.dwg