Grant of Easement Water Lines & Appurtenances 2010-0470195(� RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO''
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
D O C ## 201 0 -04701 95
SEP 07, 2010 3:02 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES 000
OC: NA
PAGES: 6
Dace for Recorder's Use
317- 480 -08
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
The undersigned grantors) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
Dandeana Corporation, a California corporation (hereinafter "GRANTOR "), hereby
grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the
following described easement 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, together with such fixtures and appurtenances, including, but not limited
to, facilities for power transmission and communication 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 therefore, 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 lands, without any 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:
GRANTOR, its heir, 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
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-t6 4rim, cut, or clear away or remove any
10 -oqa
trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its
sole discretion without any additional compensation.
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 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, 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, 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 prdceeding, 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.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 25 day
of 2010.
Grantor: Dandeana Corporation
By: ; )C � . 'I'
Car l �^;
Uri S. Ginzburg, President
Daniel Ginzburg, CFO for Uri Ginzburg
Approved as to Form:
Office of the City Attorney
`�, q CLQ -`\
Lisa Foster, City Attorney
M \engserv\Clapp \Esmnt \Gate Drive \Gate Drive Water 1 .docx
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF 3AI4e+Ef+O 4f! ✓
On f 6 74�7 , before me, , Nary Public, Name,
personally appeared
Name(erof Signer(ej-'
455
Title Officer, e.g. Jane Doe, Notary
-41 �73111`,5#eb
_ proved to me on the basis of satisfactory evidence to be the personCWwhose name(sr)'is /ace• subscribed to
the within instrument, and acknowledged to me that he /she44ay executed the same in his /herkheir authorized
capacity(uae), and that by his /herl heir signature(s,) on the instrument the person(s) or the entity upon behalf of
which the person(eacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Witness my hand and official seal
I"f Signature of ..
IMAUREEN A. NESS
ComnNeelon 1 1878429
NOlery Public • Calilornla
Loa Ang as County
Comm. Ex Ices Feb 18, 2014
(space above for Notary Seal) CAPACITY CLAIMED BY SIGNER
—INDIVIDUAL(S) ATTORNEY IN FACT
_CORPORATE —TRUSTEE(S)
—OFFICER(S) —GUARDIAN/CONSERVATOR
%OTHER:
—PARTNER(S)
r O
_LIMITED
_GENERAL
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
Page 3 of 4
EXHIBIT "A"
WATER LINE EASEMENT
A 30.00 FOOT EASEMENT FOR A WATER LINE AND APPURTENANCES
OVER, UNDER, ALONG, ACROSS AND THROUGH THAT PORTION OF THE
SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 2" IRON PIPE STAMPED L.S. 2881 LOCATED AT THE
SOUTHEAST CORNER OF SAID SECTION 13 AS SHOWN ON PARCEL MAP
2489, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON
MARCH 28, 1974, FILE NUMBER 74- 077887; THENCE ALONG THE EAST
LINE OF SAID SECTION 13 NORTH 00 010'50" WEST. 414.25 FEET TO A
POINT ON THE NORTH LINE OF A 60.00 FOOT PUBLIC HIGHWAY
RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS
DOCUMENT 78- 038148 ON JANUARY 30, 1978; THENCE CONTINUING
ALONG SAID EAST LINE NORTH 00 °10'50" WEST 263.59 FEET TO THE TRUE
POINT OF BEGINNING.
THENCE RETRACING ALONG SAID EAST SECTION LINE, SOUTH 00 010'50"
EAST, 155.46 FEET TO A POINT TANGENT WITH A 60.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY AND
WESTERLY ALONG THE ARC OF SAID 60.00 FOOT RADIUS CURVE 49.15
FEET THROUGH A CENTRAL ANGLE OF 46 056'05" TO A TANGENT 30.00
FOOT RADIUS REVERSE CURVE; THENCE WESTERLY, SOUTHERLY AND
EASTERLY 47.12 FEET ALONG THE ARC OF SAID 30.00 FOOT RADIUS
CURVE THROUGH A CENTRAL ANGLE 90 000'00" TO A POINT TANGENT WITH
THE NORTH LINE OF SAID 60.00 FOOT PUBLIC HIGHWAY; THENCE ALONG
SAID NORTH LINE NORTH 43 014'40" WEST, 90.00 FEET TO A POINT
TANGENT TO A 30.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE SOUTHERLY, EASTERLY, AND NORTHERLY 71.70 FEET ALONG
THE ARC OF SAID 30.00 FOOT RADIUS CURVE THROUGH A CENTRAL
ANGLE 136 056'42 "; THENCE PARALLEL TO SAID EAST SECTION LINE NORTH
00 °10'50° WEST, 155.47 FEET; THENCE NORTH 89 °51'09" EAST, 29.99 FEET
TO THE TRUE POINT -OF- BEGINNING.
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tECFC,
7/21/2010
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EXHIBIT "B"
N 89'51'09 E (,
29.99'
LEGEND
R = RADIAL LINE
A 6' EASEMENT TO SAN DIEGO
CONSOLIDATED GAS AND ELECTRIC CO.- -{
PER BOOK 1806. PAGE 382
RECORDED SEPT. 8, 1930 1z
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A 6' EASEMENT TO COX CABLE
RECORDED DEC 21, 1994
DOCUMENT # 1994 - 0724129
TP of B —' —
I PARCEL 1 of PM 2489
EXISTING PRIVATE ROAD EASEMENT
\ / AS SHOWN ON PM 2489
EXISTING 25' PRIVATE
ROAD EASEMENT PER
BOOK 338 PAGE 116
I A 6' EASEMENT TO SAN DIEGO
CONSOLIDATED GAS AND ELECTRIC CO.
1 PER BOOK 1806. PAGE 382
RECORDED SEPT. 8, 1930
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414.25
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Patrick Engineering and Surveying
Patrick L. Brown, R C.E.
Telephone (760)765 -1343
Fax (760)765 -2081
E-mail- palnckenr bcglobal.net
NOTE:
UTILITY EASEMENTS PROVIDED BY
APPLICANT. PATRICK ENGINEERING
WILL BE RESPONSIBLE FOR
PLOTTING OF EASEMENTS ONLY
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N0. 18067
EXP. 6/30/11
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A
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: �" ohs - 0 by Dandeana Corporation, a California corporation,
Grantor, to the City of Poway, Grantee, a political corporation and /or governmental agency
is hereby accepted by the undersigned officer 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 authorized officer.
Dated: �— / — "o CITY OF POWAY
�By'
Lirl a A. Troyan, MMC, City Clerk