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
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Individual (s)
•
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
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Other
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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
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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
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L1= 64'49'12"
R= 75.00'
\L= 84.85'
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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'
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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