Grant of Easement Water Lines & Appurtenances 1999-0728391qp 1521
DCC 11999-0728391
RECORDING REQUESTED BY: )
Nov. 01, 1999 8--23
CITY OF POWAY ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
AND WHEN RECORDED MAIL TO: ) GREGORY J. SNITHP COUNTY fffCOM
FEES: 0.00
CITY CLERK ) II OC: NA
CITY OF POWAY )
P.O. BOX 789
POWAY, CA 92074 IIIIIl �IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
)
)
1999 - 0729391
No transfer tax due ) (This space for Recorder's Use)
Tax Parcel No. 323 - 481 -02 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
( WATER LINES & APPURTENANCES
WE 801 -01 -385
WILLIAM G. YOUNG AND JUDITH A. YOUNG, Husband and Wife as Joint Tenants,
(hereinafter "GRANTORS ") hereby grant 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 therefor, 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:
ALL THAT PORTION OF LOT 7 OF CITY OF POWAY TRACT NO. 87 -13 UNIT 2,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 13410, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 8. 1997.
GRANTORS, their heirs, 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. GRANTORS, their heirs, successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
i�x;�
152
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.
GRANTORS agree 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 GRANTORS
or GRANTORS' 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 GRANTORS and the
GRANTORS' 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.
GRANTORS expressly warrant and represent that GRANTORS have the power to
grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement this b
day of OC }QIU y- ' 19 9C1
VIM 14 0 V.11 M • /
JUDP A. YOUNG /
(Signatures must be notarized.
Notary form attached.)
ALL - PURPOSE
State of L4.1 -6rA '%Q , a 523
County of Q1 e? L7 1 4
Shp�Pt
e � \A or rell p+nru rub � i C
06 IO
GA
before me,
NAME, TITLE OF OFFICER - EG.'JANE DOE. NO ARY PUBUC
personally appeared ytl tlA 6
Qn d �LI Tyh A - Vn J r1
'
NAMES) OF SIGNERS) ��
e - OR - [-proved to me on the basis of satisfactory evidence
to be the persono whose nam s is /440
subscribed to the within instrument and ac-
knowledged to me that beAahe%o executed
the same in h)-slher/ el authorized
capacity es�, and that by hieHfier /d
signalureo on the instrument the person,
SHERRIE D. WORRELL
Commission lY 1213093
or the entity upon behalf of which the
►iWvyPublic - Collfarnia
person Dacted, executed the instrument.
Smf Diego CaJnfy
W �
WITNESS my hand and official seat.
SIGNATURE OF NOTARY
niiiiii OPTIONAL SECTION viiiiiiiiiiiim
CAPACITY CLAIMED BY SIGNER
Tough aaaae does not require the Notary to
fill In the data below, doing so may prove
invaluable b persons relying an t document
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITIE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law.
it could prevent fraudulent reattachment of this form.
TITLE OR TYPE OF
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309
• - NIA ALL-PURPOSE ACKNOWLED
OPTIONAL 1
County
On before me,
DATE NAME. TITLE OF OFFICER - E G . DOE. NOTARY PUBLIC
personally appeared
NAMES) OF SIGNER(S)
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the Instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
till in the data below doing so may prove
invaluable to persons relying on the document
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
[:]GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(I[S)
SIGNAIURC OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGI it
TIX"t, 1111` data rC11VCSI Lime C lint Ip1w UY I,..
n OIXAd Mrvenl halr]ulrnl rC:fnaCl,mntr or ntiy lu,m
TITLE OR TYPE OF DOCUMENT.
NUMBER Or PAGES DATE Of DOCUMENT
SIGNER(S) OT HLH 1 HAN NAMED ABOVE
1524
EXHIBIT'A'
LEGAL DESCRIPTION
WATERLINE EASEMENT
801 -01 -385
ALL THAT PORTION OF LOT 7 OF CITY OF POWAY TRACT 87 -13, UNIT 2, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13410
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 8, 1997 AS
FILE NO. 97- 161585, BEING A STRIP OF LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 7 OF SAID MAP NO. 13410, SAID CORNER
BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF STOWE DRIVE (65.00 FEET WIDE),
SAID POINT ALSO BEING ON A 682.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 7, NORTH 11 0 18'00" EAST, 10.01 FEET, (NORTH 11 °18'00°
EAST, RECORD PER MAP 13410) TO A POINT ON THE NORTHERLY LINE OF A 10 FOOT GENERAL
UTILITY EASEMENT PER MAP 13410, BEING A POINT ON A 692.50 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 08 °55'33" EAST; THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 0 39'49 ", AN ARC DISTANCE OF 32.19 FEET
TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 11 °35'22" EAST;
THENCE LEAVING SAID NORTHERLY LINE OF THE 10 FOOT GENERAL UTILITY EASEMENT PER MAP
13410, NORTH 11 0 18'00' EAST, 305.67 FEET; THENCE NORTH 56 1 18'00" EAST, 27.77 FEET; THENCE
SOUTH 78 0 42'00" EAST, 284.36 FEET; THENCE SOUTH 11 1 18'00° WEST, 5.11 FEET; THENCE SOUTH
78 0 42'00" EAST, 42.37 FEET; THENCE SOUTH 11 °18'00" WEST, 20.00 FEET; THENCE NORTH 78 °42'00"
WEST, 42.37 FEET; THENCE SOUTH 11 °18'00" WEST, 233.19 FEET TO THE BEGINNING OF A
TANGENT 210.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 22 0 27'22", AN ARC DISTANCE OF 82.31 FEET; THENCE
SOUTH 33 0 45'22" WEST, 46.71 FEET TO A POINT ON SAID NORTHERLY LINE OF THE 10 FOOT
GENERAL UTILITY EASEMENT PER MAP 13410, BEING A POINT ON A 692.50 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 34 °35'00" EAST; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 0 47'09 ", AN ARC DISTANCE OF
57.84 FEET; THENCE LEAVING SAID NORTHERLY LINE OF THE 10 FOOT GENERAL UTILITY
EASEMENT PER MAP 13410, NORTH 30 0 12'41" EAST, 9.99 FEET; THENCE SOUTH 58 0 13'09 "EAST,
38.45 FEET; THENCE NORTH 33 1 45'22° EAST, 37.00 FEET TO THE BEGINNING OF A TANGENT 190.00
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 22 0 27'22 ", AN ARC DISTANCE OF 74.47 FEET; THENCE NORTH 11 °18'00"
EAST, 22.34 FEET; THENCE NORTH 78 0 42'00" WEST, 3.00 FEET; THENCE NORTH 11 0 18'00" EAST,
10.00 FEET; THENCE SOUTH 78 0 42'00" EAST, 3.00 FEET; THENCE NORTH 11 0 18'00" EAST, 205.97
FEET; THENCE NORTH 78 0 42'00° WEST, 256.08 FEET; THENCE SOUTH 56 °18'00" WEST, 11.20 FEET;
THENCE SOUTH 11 0 18'00° WEST, 9.47 FEET; THENCE SOUTH 78 0 42'00" EAST, 5.00 FEET; THENCE
SOUTH 11 0 18'00" WEST, 10.00 FEET; THENCE NORTH 78 °42'00° WEST, 5.00 FEET; THENCE SOUTH
11 °18'00" WEST, 278.30 FEET TO A POINT ON SAID NORTHERLY LINE OF THE 10 FOOT GENERAL
UTILITY EASEMENT PER MAP 13410, BEING A POINT ON A 692.50 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 13 °14'40" EAST; THENCE WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 0 39'18 ", AN ARC DISTANCE OF 20.00 FEET
TO THE TRUE POINT OF BEGINNING. CONTAINING 0.473 ACRES GROSS AREA.
SEE EXHIBIT 'B' ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
� !4. t 8 -
STEVEN M. HOW:
LAND SURVEYOR L.S. 5758
MY REGISTRATION EXPIRES 06/30/2000
C AUC0CADV918\LEGAL- ESMT2.do
ti?�
EXHIBIT "B" 0525
LOT 41, MAP 13410
m
m
IN
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h
m
a
UU
L1
a
O
vi
z
-115
17
NUMBER
D= '
R ='
L ='
Cl
02'39'49"
1692.50
132.19
C2
01'39'18"
1692.50
120.00
NUMBER
DIRECTION
DISTANCE
Li
N 11'18'00"
E
10.01'
L2
N 5618'00"
E
27.77'
L3
N 11'18'00"
E
5.11'
L4
N 78'42'00"
W
42.37'
LS
IN 11'18'00"
E
20.00'
L6
N 78'42'00"
W
42.37'
L7
N 33'45'22"
E
46.71'
L8
N 30'12'41"
E
9.99'
L9
N 58'13'09"
W
38.45'
L10
N 33'45'22"
E
37.00'
L11
N 11'18'00"
E
22.34'
L12
N 78'42'00"
W
3.00'
L13
N 11'18'00"
E
10.00'
L14
N 78'42'00"
W
3.00'
L15
N 56'18'00"
E
11.20'
L16
N 11'18'00"
E
9.47'
L17
N 78'42'00"
W
5.00'
L18
N 11'18'00"
E
10.00'
1-19
N 78'42'00"
W
5.00'
L1
D= 22'27'22"
L07 7 M4 13410 R= 190.00'-
L= 74.47'
10' GENERAL UTILITY
a tl
w
0
o
;n 42
n
N �
z
0
J
D= 22'27'22"
R= 210.00'
L= 82.31'
CERTIFICATE OF ACCEPTANCE
1 *6
OF PaW
Y IN THE COJ�Qi
This is to certify that the interest in real property conveyed by the deed or grant dated
October 20. 1999 from William G. Young and Judith A. Young,
Husband and Wife as Joint Tenants, to the City of Poway, 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.
Lori Anne Peoples, City Clerk