Grant of Easement Water Lines & Appurtenances WE 801-00-365 1999-0728401�P
1►► 99-0 8401� �� ��►� ��
OC ` ` —"728401
RECORDING REQUESTED BY:
1549 ) I Nov 01P 1999 8 :27 AMI
CITY OF POWAY 1
OFFICIAL RECOIZ
AND WHEN RECORDED MAIL TO: )
SAN DIEGO MIR RECORDER'S OFFICE
GROW J. SMITH, COOHTV RECORDER
CITY CLERK ) 1 FEES: 0.00 OC: NA
CITY OF POWAY )
P.O. BOX 789 ) 1
D
POWAY, CA 92074 )
No transfer tax due ) (This space for Recorder's Use)
Tax Parcel No. 317 - 223 -19 NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801 -01 -365
ONE GOVERNOR PARK OFFICE BUILDING, LP, a California Limited Partnership
(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 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:
THAT PORTION OF LOT 22 OF CITY OF POWAY TRACT NO. 85 -04 UNIT 1,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 11742, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 9, 1987.
GRANTOR, its 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. GRANTOR, its heirs, successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
-�; 1550
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.
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 24TH
day of AUGUST 19 99
ONE GOVERNOR PARK OFFICE BUILDING, LP
a California Limited Partnership
ALDO CERCIELLO
** *SEE ATTACHMENT FOR OFFICAL SEAL * * * * **
(Signatures must be notarized.
Notary form attached.)
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO
On AUGUST 24, 1999
1551 0
} S.S.
before me, MARCELLA PULLUM
a Notary Public in and for said County and State, personally
appeared * * * * * * * * * * * * * * * * * * *ALDO CERCIELLO***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the persons) whose name(s 5is re subscribed to
the within instrument and acknowledged to me that
®she /they executed the same in(EDher /their
authorized capacity(ies), and that by5 1her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
NESS my hand a offici
Signature
TE 160 Legal (2 -94)
FOR NOTARY SEAL OR STAMP
This form is furnished by Chicago Title Company
0
Exhibit 'A' 1552
20 foot Water Easement
Lot 22 Map 11742
WE 801 -01 -365
That portion of Lot 22 of City of Poway Tract 85 -04 Unit 1 in the City of Poway,
County of San Diego, State of California, according to Map thereof No. 11742, filed in
the office of the County Recorder of San Diego County, being more particularly
described as follows:
A strip of land 20.00 feet in width being 10.00 feet on each side of the following
described centerline.
Beginning at the most southwest corner of said Lot 22, said point on the northerly
right -of -way line of Danielson Court; thence easterly along the southerly line of said
Lot 22 and the northerly right -of -way line of Danielson Court along the are of a
1024.50 foot radius curve concave southerly through a central angle of 0 °33'24"
a distance o1' 9.95 feet; thence North 10 °35'38" East a distance of 5.00 feet to the
TRUE POINT OF BEGINNING of the easement; thence North 10'02'14" East a
distance of 37.65 feet; thence North 45'02'14" East a distance of 24.41 feet; thence
North 10'02'14" East a distance of 145.22 feet; thence North 6 °25'58" West a distance
of 76 95 feet to point 'A' thence North 6 °25'58" West a distance of 171.91 feet; thence
North 8 °23'03" East a distance of 110.73 feet; thence North 36 °10'46" East a distance
of 13.38 feet to point 'B'; thence North 36 010'46" East a distance of 14.93 feet; thence
South 81 °39'42" East a distance of 400.43 feet; thence South 44 °26'58" East a distance
of 15 37 feet to point 'C'; thence South 44 °26'58" East a distance of 5.51 feet; thence
South 0 °33'02" West a distance of 301.48 feet; thence South 7 °35'52" West a distance
of 8.49 feet to point `D'; thence South 7 035'52" West a distance of 13.62 feet to point
'E'; thence South 7 °35'52" West a distance of 96.79 feet; thence South 16 °00'00" West
a distance of 154.97 feet; thence North 74 000'00" West a distance of 89.18 feet;
No. 29121
EXP. 3 -31 -03
CIV
WA TERLINE EASEMENT
WE 801-01-J65 SHEET 1 OF 7
SCALE: 1 "=40' DRAPER ENGINEERING JOB NO.
DATE.• 4 -29 -99 P•0. BOX 3346 2197
LA MESA, CA 91944 -3346 DwW NO.
DRN. J. D. CK J. D. 619 - 464 -6528 FAX 619- 464 -8753
No. 29121
EXP. 3 -31 -03
• Exhibit `A' •
1553
20 foot Water Easement
Lot 22 Map 11742
WE 801 -01 -365
thence South 16 °00'00" West a distance of 42.90 feet to point `F; thence continuing
South 16 °00'00" West a distance of 2.00 feet to the end of the easement.
Thence continuing South 16 °00'00" West a distance of 5.00 feet to the northerly right -
of -way line and the southerly line of lot 22 said point being South 74 °00'00 "East a
distance of 219.51 feet from the easterly terminus of said curve with a radius of
1024.50 feet.
The sidelines are to be prolonged or shortened to terminate in the northerly line of the
public utility easement per Map 11742.
Beginning at point `A'; thence South 83 °34'02"
West a distance of 20.00 feet to a point
of terminus.
Beginning at point `B'; thence North 53 °49'14"
West a distance of 62.95 feet to a point
of terminus.
Beginning at point `C'; thence North 45 °33'02"
East a distance of 50.06 feet to a point
of terminus.
Beginning at point `D'; thence.North 82 °44'44"
West a distance of 122.70 feet to a
point of terminus.
Beginning at point `E'; thence South 82 °24'08"
East a distance of 20.00 feet to a point
of terminus.
Beginning at point `F'; thence North 74 °00'00"
West a distance of 20.00 feet to a point
of terminus.
The sidelines of said 20.00 foot easement shall be prolonged or shortened as to
terminate with a line perpendicular with said centerline.
Contains 39,153 square feet.
WA TERL /NE EASEMENT
WE 801-01-J65 SHEET 2 OF 7
SCALE.' 1 40' DRAPER ENGINEERING JOB NO.
DATE.' 4 -29 -99 P.O. BOX 3346 2197
LA MESA, CA 91944 -.3346 DWG NO.
DRN. J. D. CK. J. D. 619- 464 -6528 FAX 619 - 464 -8753
i
LOT 28
RIVE
LEGEND
EASEMENT
EXISTING EASEMENT
SCALE: 1" 100'
LOT 25
No. 29121
EXP. 3 -31 -03
SCALE.- 1`100'
DA TE. 4 -29 -99
DRN ✓. D. CK. ✓. D.
EXHIBIT B' 7- 4
W°
5' PIPELINE EASEMENT � `�^
CITY OF POWAY rn
FILE NO. 89- 111208 II W N o
REC. 3 -3 -89 O.R.
APPROXIMATEPHYSICAL mizm
L OCA T/ON
Q, Qk
I
20" WA TER EASEMENT �\
SEE EXH /B /T B"
SHEETS 3 THROUGH 7
LOT 22
AJJAP 117 42
^o
oQjW�
PACIFIC BELL EASEMENT
FILE NO. 8 7- 52231 1
REC. 9 -15 -87 O.R.
SDG &E EASEMENT
FILE NO. 8 7- 53054 5
REC. 9 -18 -87 O.R.
EXISTING PUBLIC URLITY
EASEMENT PER MAP 1174
SDG&E EASEMENT 71Nltll
FILE NO. 88- 111349
RECC, 3 -10 -88 O.R.
WA TERLINE EASEMENT
WE 801 -01 -365
DANIELSON COURT
DRAPER ENGINEERING
P.O. BOX 3345
LA MESA, CA 91944 -3346
619 - 464 -6528 FAX 619- 454 -8753
38.5
a
h
j
O
V
SHEET 3 OF 7
JOB N0.
2197
DWG NO.
POINT A' EXHIBIT B" �5$
LINE
SEE SHEET 5 OF 7
MATCH
No. 29121
EXP. 3 -31 -03
\c IV; �-
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s
O
1 �
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DANIEL SON o I
O I
z
LOT 22
IMA; 117 %2
SCALE 1 "-- 40'
WA TER EASEMENT DA TA
COURSE
BEARING
OR DELTA
RADIUS
DISTANCE
Ol
N 1002'14" E
37.65"
02
N 45 02 "14 " E
24.41'
O
N 1002 "14" E
145.22'
04
N 62558" W
76.95'
05
52422"
1024.50'
96.66'
O
N 103538" E
5.00'
07
03324"
1024.50'
9.95'
N
O
N
ti
W
W
ti
EXISTING PUBLIC UTILITY
EASEMENT PER MAP 11742
N74p0,
00" w �
1951,
CURT h
WA TERLINE EASEMENT
WE 801-01—J65 SHEET 4 OF 7
SCALE 1"--40' DRAPER ENGINEERING JOB NO..
DATE.' 4 -29 -99 P.O. BOX 3346 2197
LA MESA, CA 91944 —JJ46 GWG NO
DRN J.D. CK. J.D. 619 - 464 -6528 FAX 619- 464 -8753
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m
No. 29121
EXP. 3 -31 -03
I.
FAI
• EXHIBIT B"
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a
J
400.43' p
� 6 ^
1
POINT B'
WA TER EASEMENT DA TA
COURSE
BEARING
OR DEL TA
RADIUS
DISTANCE
lO
N 6:2558 " W
171.91 '
O2
N 823'03" E
110.73'
O3
N 3670 46 E
13.38"
O4
N 53'49'14" W
62.95"
O
N 36'10 "46 E
14.93"
O6
N 81'39'42" W
200.43'
O7
N 8334 40 " E
20.00"
LOT »
J\iJAP 11742
POINT A'
SEE SHEET 4 OF 7
LINE -
Iv
I~
N
0
W
W
SCALE.- 1 "= 40'
WA TERLINE EASEMENT
WE 801 — 01 -365 SHEET 5 OF 7
SCALE.' 1"--40' DRAPER ENGINEERING JOB NO.
DATE 4 -29 -99 P.O. BOX 3346 2197
LA MESA, CA 91944 -3346 DWG NO.
DRN J. D. CK. J. D. 619- 464 -6528 FAX 619- 464 -8753
• EXHIBI T B' •
.IZ
J
400.43' o
O —
Iv
POINT
N
0
h
W
W
LOT »
J\iJAFl JJ142
WA TER EASEMENT DA TA
COURSE
BEARING
OR DELTA
RADIUS
DISTANCE
lO
N 81:3942" W
200.00'
O2
N 44 26 58" W
15.37'
O
N 442658" W
5.51'
O4
N 4533'02" E
50.06'
O
N 033'02" E
301.48'
No. 29121
EXP. 3 -31 -03
\CIV1L
SEE SHEET 7 OF 7
155 ,
I
4
SCALE: 1"-- 40'
5
011
TCH I I LINE
WA TERLINE EASEMENT
WE 801-01-J65 SHEET 6 OF 7
SCALE.' 1"-40' DRAPER ENGINEERING JOB N0.
DATE 4 -29 -99 P.O. BOX JJ46 2197
LA MESA, CA 91944 -3346 DWG NO.
DRN. JD. CK. J.D. 619 - 464 -6528 FAX 619- 464 -875J
SEE SHEE_V OF 7 EXHIBIT B' MATCH. LlNE1 5 5 8
8 —
1 POINT D'
O
y
2
POINT E'
LOT 22 I
MAP JJ1 %2
WA TER EA SEMEN T DA TA 3
m
SCALE: l'-- 40'
V
0'10' O
I V
4 (L
O
� Q
a- h
W J Q
W WI
W
6 5 �u W
Q�OFESSIpN O
OR,q,oe�t�Z POINT F' 7010
7 �
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ci No. 29121 m 10
EXP. 3 -31 -03 _-„N 74000o•�
�qr civ1�'
f OF cxol 5. 00'
Z or L7/VE-
DA/V /EL SO/V coo
R j
ESL DRAP JR.
i
WA TERUNE EASEMENT
WE 801-01—J65 SHEET 7 OF 7
SCALE: 1"--40' DRAPER ENGINEERING JOB N0.
DATE. 4 -29 -99 P.O. BOX JJ46 2197
LA MESA, CA 91944 -JJ46 OWG NO.
DRN J. D. CK. J. D. 619 - 464 -6528 FAX 619- 464 -8753
BEAR /NC
COURSE OR DEL TA RADIUS DISTANCE
O N 73552 "' E 8.49'
O N 73552'" E. 13.62"
O3 N 73552" E 96.79'
O4 N 16'00'00" E 154.97'
O5 N 74'00'00 " W 89.18"
O N 16100`00"
E
42.90'
O
N 74 00 00" W
20.00'
O
N 82%1444 "' W
12270'
O9
N 8224'08 W
20.00'
10
N 16 00'00" E
2 00"
CERTIFICATE OF,ACCEPTANCE
1559
y OF POW'9Y
s
C� IN THE CO
This is to certify that the interest in real property conveyed by the deed or grant dated
August 24, 1999 from One Governor Park Office Building, LP, a
California Limited Partnership, 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.
Dated: Qcbber- 2-3- AM By:
Lori Anne Peoples, City Clerk