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Grant of Easement Water Lines & Appurtenances 2010-04701947. , RECORDING REQUESTED BY: j� CITY OF POWAY 1 AND WHEN RECORDED MAIL TO �_ n1q f1 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 D O C ## 2010- 0470194 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 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) Lien Chau and Don Nguyen (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 la- ou 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 WITN SS WHEREOF, the GRANTOR has executed this Easement this °Z} day of 1pwtT , 2010. Grantor: Lien Chau and Don Nguyen By: Lien Chain Don Nguyen Approved as to Form:. Office of the City Attorney C,� C- Lisa Foster, City Attorney M' \engserv\Clapp \ESmnt \Gate Drive \Gate Drive Water 2.docx CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of '2 to I ey 6 On Ld 27 ZO before me, ;OL'� 60 —L&-- Here msert name personally appeared 0-" who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Ware subscribed to the within instrument and acknowledged to me that halshe /they executed the same in his4ter /their authorized capacity(ies), and that by hi&Awr /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. Ignature of Notary Public LINDA BAUMAN y- COMM. # 1780742 Z Z ° m_ �• NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY (Notary Seal) •••'•My Comm. Expires Nov. 18, 2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (I itle or description of attached document) (Title or description of attached document Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12 10 07 800- 873 -9865 www NotaryClasses cam INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The onh, exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage w may be printed on such a document so long as the verbiage does not require the nomry to do something that is illegal for a notary in California (i.e. cernfi,ing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County Information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the slgner(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as It appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (I e he /she /Haey— Is /are) or circling the correct forms Failure to correctly Indicate this information may lead to rejection of document recording • The notary seal Impression must be clear and photographically reproducible Impression must not cover text or lines If seal Impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk f Additional Information Is not required but could help to ensure this acknowledgment Is not misused or attached to a different document Indicate title or type of attached document, number of pages and date ti• Indicate the capacity claimed by the signer If the claimed capacity Is a corporate officer, Indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this document to the signed document 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 WEST 669.96 FEET OF LOT 4 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTER LINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER 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; THENCE NORTH 00 °10'50" WEST ALONG THE WEST BOUNDARY OF SAID PARCEL MAP 23.86 FEET; THENCE SOUTH 72 031'34" WEST 26.18 FEET TO THE WEST BOUNDARY OF SAID SECTION 18; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 72 °31'34" EAST 121.71 FEET TO THE BEGINNING OF A TANGENT 75.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTH- EASTERLY 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 °42'22" 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 19 008'31" AN ARC DISTANCE OF 12.03 FEET. THE SIDELINES OF SAID EASEMENT ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE WEST BOUNDARY OF SAID SECTION 18 AND THE EAST BOUNDARY OF PARCEL 1 OF SAID PARCEL MAP 2489. 7/13/2010 2110 Main Street Julian, California 92036 I I I I I I Mjlb �I- U U NIN 0 � I I W I . I c 25' FA 0I 0 0 cn 0 E:: rnl J cn m i I I I I 30' I I EXHIBIT "B" Patrick Engineering and Surveying Patrick L. Brown, R.0 E. Telephone (760)765 -1343 Fax (760)765 -20 81 E-mail patnckeng @sbcglobal.net XISTING 25' PRIVATE OAD EASEMENT PER. OOK 338 PAGE 116 EXISTING PRIVATE ROAD EASEMENT AS SHOWN ON PM 2489 PARCEL 1 PM 2489 I ^ I \JA I V I I I I ^ I I I I I 7 I I I I ----------- L1= 64'49'12" R= 75.00' \L= 84.85' I (,I I \ i 7 a POINT OF BEGINNING SOUTHWEST CORNER OF PARCEL 1 PER PM 2489. Post Office Box 442 Julian, California 92036 A= 19'08,31" R= 36.00' L= 12.03' I I I I I I� I� I to PARCEL 2 PM 2489 LEGEND R= PROPERTY LINE NORTH SCALE 1 " =50' . NO. 18067 EXP. 6/30/11 Co- / CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: g - 0�7— I O by Lien Chau and Don Nguyen, 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: CITY OF POWAY 6y: da . Troyan, MMC, Ci y Clerk