Grant of Easement Water Lines & Appurtenances 2010-0470193APN 323 - 290 -17
D O C # 201 0 -04701 93
SEP 07, 2010 3:02 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
OC NA
PAGES: 6
is space for Recorder's Use
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
Stephen Oppenheimer (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:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B
MADE A PART HEREIN)
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 to trim, cut, or clear away or remove any
10- 091
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO.
CITY CLERK
CITY OF POWAY
P.O BOX 789
POWAY CA 92074
APN 323 - 290 -17
D O C # 201 0 -04701 93
SEP 07, 2010 3:02 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
OC NA
PAGES: 6
is space for Recorder's Use
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
Stephen Oppenheimer (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:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B
MADE A PART HEREIN)
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 to trim, cut, or clear away or remove any
10- 091
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 proceeding, 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 day
of , , �' 12010.
Grantor: Stephen
0
Stephen Oppenheimer
Approved as to Form:
Office of the City Attorney
Lisa Foster, City Attorney
M \engserv\Clapp \Esmnt \Gate Drive \Gate Drive Water 3.docx
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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State of California
County of l4,2"') Zaoej
On before me, UL SQ�f�t /�0-:y Au � C
Date Here Insen Name and True of the Officer
personally appeared
Names) of Sgnerls)
CAROL SPEAS
f Commission # 1810559 9.
< ; -s -!• = Notary Public - California
San Diego County
My Comm. Expires Aug 22, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be th perso s) whos nom s) is /are subscribed to the
within Ins rument an acknowl acknowledged to me that
h e /they executed the a in i authorized
apace (ies), a t byher /the signs e(s) on the
ins rument the er (s), or the entity upon behalf of
which th perso (s) acted, 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.
Signature Q1-/ti-f' Q-Edi�t�
Signahlifie of Notary Public
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Titie(s):
❑ Partner — ❑ Limited ❑ General _
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
®2007 National Notary Association•9350 De Soto Ave, PO Box 2402• Chatsworth, CA 91313 -2402• vrmv NationalNotaryorg Item 85907 Roomer Call Toll -Free 1 -800 -876 -682]
•
EXHIBIT "A"
WATER LINE EASEMENT
A 30.00 FOOT EASEMENT FOR A WATER LINE AND APPURTENANCES
OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF PARCEL 2
OF PARCEL MAP 2489, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED MARCH 28, 1974, AS FILE NO. 74-
077887 AT THE COUNTY OF SAN DIEGO RECORDERS, SAN DIEGO,
CALIFORNIA, THE CENTER LINE OF SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL
MAP 2489; THENCE NORTH 00 °10'50" WEST ALONG THE WEST
BOUNDARY OF SAID PARCEL MAP 23.86 FEET, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING
THE WEST BOUNDARY OF SAID PARCEL MAP NORTH 72 031'34"
EAST 95.53 FEET TO THE BEGINNING OF A TANGENT 75.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 049'12" AN ARC DISTANCE OF 84.85
FEET; THENCE TANGENT TO SAID CURVE NORTH 07 °4222"
EAST 160.65 FEET TO THE BEGINNING OF A TANGENT 36.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
• NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 55 005'48" AN ARC DISTANCE OF 34.62
FEET; THENCE TANGENT TO SAID CURVE NORTH 62 °48'10"
EAST 142.45 FEET TO A POINT ON THE EAST BOUNDARY OF
SAID PARCEL 2.
•
EXCEPTING THAT PORTION LYING IN PARCEL 1 OF SAID PARCEL MAP 2489.
THE SIDELINES OF SAID EASEMENT ARE TO BE EXTENDED OR
SHORTENED TO TERMINATE ON THE WEST AND EAST BOUNDARY OF SAID
PARCEL 2.
7/13/2010
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•
2110 Main Street
Julian, California 92036
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EXHIBIT "B"
Patrick Engineering and Surveying
Pan ick L. Brown, R.C.E.
Telephone (760)765-1343
Fax (760)765 -2081
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EXISTING 25' PRIVATE I
ROAD EASEMENT PER
BOOK 338 PAGE 116
EXISTING PRIVATE
ROAD EASEMENT AS
SHOWN ON PM 2489
PARCEL >
PM 2489
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A= 64'49'12"
R= 75.00'
\L=84.85'
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POINT OF BEGINNING
SOUTHWEST.CORNER OF
PARCEL 1 PER PM 2489.
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R= 36.00'
L= 34.62'
Post Office Box 442
Julian, California 92036
PARCEL •2
PM 2489
LEGEND .
R= PROPERTY LINE
NORTH
SCALE 1"=50'
N0.
18067 -
EXP.
6/30/11
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant p
dated: O — $ — ID Steven Oppenheimer, 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: (97—/ —/d CITY OF POWAY
B
L a royan, City Clerk
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IN THE C
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