Grant of Easement General Utility for Water Lines, Sewer Lines & Appurtenances G-1640-09 2012-0173129APN. 314 - 220 -70 & 314 - 220-69
GRANT OF EASEMENT
GENERAL UTILITY EASEMENT
FOR WATER LINES, SEWER LINES & APPURTENANCES
G- 1640 -49
The undersiqned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
CITY OF POWAY HOUSING AUTHORITY (hereinafter "GRANTOR ") hereby grants to CITY
OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the following described
easement for utility purposes, in, upon, over, under and across the lands described in Exhibit
"A ", depicted in Exhibit "B ", attached hereto and made a part hereof, 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, general utility,
facilities for power transmission and communication purposes, at such locations and
elevations, upon, along, over and under the property 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
addition compensation therefor.
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described in Exhibit `A', attached.
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 City Engineer 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 trees,
.
I `
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D O C # 2012
11111111111 IIIII II II IIIII
�(o
IIIII IIIII IIII IIIII IIIII I III IIIII III III
MAR 26, 2012 10:42 AM
RECORDING REQUESTED BY:
) �'
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY
) j
Erne J. Dronen0 rg Jr , COUNTY RECORDER
AND WHEN RECORDED MAIL TO.) 1 ! 1 4 ` ;
OC NA PAGES:
10
CITY CLERK
CIT AY
1111111 Hill Hill Hill 11111 Hill Hill Hill Hill Hill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN
BOX 789
;
POWAY, CA 92074
)
(This space for Recorder's use only)
APN. 314 - 220 -70 & 314 - 220-69
GRANT OF EASEMENT
GENERAL UTILITY EASEMENT
FOR WATER LINES, SEWER LINES & APPURTENANCES
G- 1640 -49
The undersiqned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
CITY OF POWAY HOUSING AUTHORITY (hereinafter "GRANTOR ") hereby grants to CITY
OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the following described
easement for utility purposes, in, upon, over, under and across the lands described in Exhibit
"A ", depicted in Exhibit "B ", attached hereto and made a part hereof, 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, general utility,
facilities for power transmission and communication purposes, at such locations and
elevations, upon, along, over and under the property 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
addition compensation therefor.
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described in Exhibit `A', attached.
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 City Engineer 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 trees,
.
I `
W
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.
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 ab - h day of
*Y arl,h 1 20 1j,
Dated: & $ 1 1 Y By
Its
(Signatures must be notarized.
Notary form attached.)
Approved as to Form:
Office of the City Attorney
AM
111M .gy m.
MAengserv\Melody \Brighton Housing \grant easement general utility doex
2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On March 20, 2012 before me, Carol S. Legg, Notary Public, personally appeared Penny
Riley, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person 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.
CAROL
S
COMM800n 1 1934186
NO" PWk • Cnloornis
Spa Ohp County
C +
Carol S. Legg, No Public
OPTIONAL
Title or type of document Grant of Easement, General utility Easement for water Lines, Sewer
94
Lines & Appurtenances. G- 1640 -09. APN 314 - 220 -70 & 314 - 220 -69.
Document Date March 20, 2012
Number of Pages 2, plus Exhibits "A" and "B"
Signers Other Than Named Above Morgan Foley, City Attorney
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: ��ZC��Z The City of Poway Housing Authority, 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
Clerk
3
J- 15461 -A
EXHIBIT "A"
PUBLIC UTILITY EASEMENT
Parcel "A"
Those portions of Parcel 1 and Parcel 2, according to Parcel Map 19198 filed in the
office of the County Recorder of San Diego County April 1, 2003, of Official Records,
said portions being more particularly described as follows:
Commencing at the Southeast corner of Parcel 2 of said Parcel Map 19198: thence
along the Southerly line of said Parcel 2 North 89 0 16'06" West 4.73 feet to the TRUE
POINT OF BEGINNING; thence continuing along said Southerly line North 89 0 16'06"
West 30.00 feet to a point herein designated Point "A "; thence leaving said Southerly
line North 00 0 06'02" East 13.13 feet; thence North 89 0 53'58" West 10.00 feet; thence
North 00 0 06'02" East 10.00 feet; thence South 89 0 53'58" East 10.00 feet; thence North
00 0 06'02" East 45.47 feet to the beginning of a tangent 6.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said curve through a central angle
of 90 0 00'00" a distance of 9.42 feet; thence North 89 0 53'58" West 42.94 feet; thence
North 66 0 25'57" West 24.72 feet to the beginning of a tangent 20.00 foot radius curve
concave Southwesterly; thence Northwesterly along the arc of said curve through a
central angle of 23 0 34'20" a distance of 8.23 feet; thence South 89 0 59'43" West 102.06
feet to the Easterly line of Brighton Avenue per deed recorded June 28, 2011 as
Document No. 2011 - 0327701 of Official Records; thence along said Easterly line North
02 0 02'03" East 20.01 feet; thence leaving said Easterly line North 89 0 59'43" East
101.35 feet to the beginning of a tangent 40.00 foot radius curve concave
Southwesterly; thence Southeasterly along the arc of said curve through a central angle
of 23 °34'20" a distance of 16.46 feet; thence South 66 0 25'57" East 10.52 feet; thence
South 89 0 53'58" East 51.50 feet to the beginning of a tangent 2.50 foot radius curve
concave Northwesterly; thence Northeasterly along the arc of said curve through a
central angle of 90 0 00'00" a distance of 3.93 feet; thence North 00 0 06'02" East 253.58
feet; thence North 89 0 53'58" West 8.00 feet; thence North 00 0 06'02" East 8.00 feet;
thence South 89 0 53'58" East 8.00 feet; thence North 00 0 06'02" East 188.20 feet;
thence North 89 0 53'58" West 10.00 feet; thence North 00 0 06'02" East 10.00 feet;
thence South 89 0 53'58" East 10.00 feet; thence North 00 0 06'02" East 31.93 feet;
thence North 89 0 53'58" West 164.26 feet to the Easterly line of Brighton Avenue per
deed recorded June 28, 2011 as Document No. 2011- 0327701 of Official Records;
thence along said Easterly line North 00 0 0556" East 30.00 feet; thence leaving said
Easterly line continuing North 00 0 05'56" East 5.00 feet; thence South 89 0 53'58" East
182.93 feet; thence South 51 0 33'24" East 14.44 feet; thence South 00 0 06'02" West
33.49 feet; thence South 89 0 53'58" East 4.76 feet to the Easterly line of Parcel 2 of said
Page 1 of 3
Parcel Map No. 19198; thence along said Easterly line South 00 0 06'15" West (South
00 0 04'59" West per Parcel Map 19198, South 00 0 05 1 58" West per Parcel Map 16078)
10.00 feet; thence leaving said Easterly line North 89 0 53'58" West 4.76 feet; thence
South 00 0 06'02" West 575.70 feet to the TRUE POINT OF BEGINNING.
Containing 0.659 acres, more or less.
Together with those portions of Parcel 2, according to said Parcel Map 19198, said
portions being more particularly described as follows:
Parcel "B"
Commencing at Point "A" described in Parcel "A" above; thence along the Southerly
line of said Parcel 2 North 89 1 16'06" West 173.88 feet to beginning of a tangent 10.00
foot radius curve concave Northeasterly, said point being the most Southeasterly corner
of Brighton Avenue per deed recorded June 28, 2011 as Document No. 2011 - 0327701
of Official Records; thence leaving said Southerly line and along the Easterly line of said
Street Dedication the following 3 courses Northwesterly along the arc of said curve
through a central angle of 89 1 22'08" a distance of 15.60 feet; thence North 00 0 06'03"
East 3.20 feet to the beginning of a tangent 533.00 foot radius curve concave Easterly;
thence Northerly along the arc of said curve through a central angle of 00 0 25'48" a
distance of 4.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
Easterly line non - tangent to said curve South 89 0 53'57" East 4.98 feet; thence South
00 0 06'03" West 8.00 feet; thence North 89 0 53'57" West 4.97 feet to the beginning of a
non - tangent 10.00 foot radius curve concave Easterly to which a radial line bears South
85 0 30'08" West, said point being on the Easterly line of said Street Dedication; thence
along said Easterly line the following 3 courses Northerly along the arc of said curve
through a central angle of 04 0 35'55" a distance of 0.80 feet; thence North 00 0 06'03"
East 3.20 feet to the beginning of a tangent 533.00 foot radius curve concave Easterly;
thence Northerly along the arc of said curve through a central angle of 00 0 25'48" a
distance of 4.00 feet to the TRUE POINT OF BEGINNING.
Containing 40 square feet, more or less.
Parcel "C"
Commencing at the True Point of Beginning of Parcel "B" above, said point being the
beginning of a non - tangent 533.00 foot curve concave Easterly, a radial line to said
point bears South 89 0 28'09" West; thence along the Easterly line of said Brighton
Avenue per deed recorded June 28, 2011 as Document No. 2011 - 0327701 of Official
Records the following 4 courses Northerly along the arc of said curve through a central
angle of 01 0 30'12" a distance of 13.99 feet; thence North 02 002'03" East 100.00 feet to
Page 2 of 3
the beginning of a tangent 567.00 foot radius curve concave Westerly; thence along the
arc of said curve through a central angle of 1 0 56'00" a distance of 19.13 feet; thence
North 0 0 06'03" East 148.72 feet to the TRUE POINT OF BEGINNING; thence
continuing along said Easterly line North 00 0 06'03" East 8.00 feet to a point herein
designated Point "B "; thence leaving said Easterly line South 89 0 53'57" East 5.00 feet;
thence South 00 0 06'03" West 8.00 feet; thence North 89 0 53'57" West 5.00 feet to the
TRUE POINT OF BEGINNING.
Containing 40 square feet, more or less.
Parcel °D"
Commencing at Point "B" described in Parcel "C" above; thence along the Easterly line
of said Brighton Avenue per deed recorded June 28, 2011 as Document No. 2011-
0327701 of Official Records the following 4 courses thence North 00 0 06'03" East 116.86
feet to the beginning of a tangent 567.00 foot radius curve concave Westerly; thence
Northerly along the arc of said curve through a central angle of 02 0 08'22" a distance of
21.17 feet; thence North 02 0 02'19" West 100.00 feet to the beginning of a tangent
533.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve
through a central angle of 01 0 59'14" a distance of 18.49 feet to the TRUE POINT OF
BEGINNING; thence leaving said Easterly line non - tangent to said curve North
89 0 24'40" East 5.00 feet to the beginning of a non - tangent 528.00 foot radius curve
concave Easterly to which a radial line bears South 89 0 57'13" West; thence Southerly
along the arc of said curve through a central angle of 01 0 05'07" a distance of 10.00
feet; thence non - tangent to said curve South 89 0 24'40" West 5.00 feet to the beginning
of a non - tangent 533.00 foot radius curve concave Easterly to which a radial line bears
South 88 0 52'25" West; thence Northerly along the arc of said curve through a central
angle of 01 0 04'30" a distance of 10.00 feet to the TRUE POINT OF BEGINNING.
Containing 50 square feet, more or less.
The above described land is more particularly delineated on Exhibit "B ", attached hereto
and made a part hereof.
Patrick A. McMichael, LS 6187 Date
Ec /f les/ legals /15461A_lg_Public_Utility_Esmt_ Legal.doa
Page 3 of 3
LEGEND
EXHIBIT "B"
�- INDICATES PUBLIC UTILITY EASEMENT
e / 1 J GRANTED HEREON;
PARCEL A = 0.659 ACRE
PARCEL B = 40 SQUARE FEET
PARCEL C = 40 SQUARE FEET
PARCEL D = 50 SQUARE FEET
(1 INDICATES RECORD DATA
PER P.M. NO. 16078
[I INDICATES RECORD DATA
PER P.M. NO. 19198
(R) INDICATES RADIAL
T.PO.e. INDICATES TRUE POINT OF BEGINNING
P.O.0 INDICATES POINT OF COMMENCEMENT
O PORTIONS OF PARCELS 1 & 2 OF
P.M. 19198 DEDICATED TO THE
CITY OF POWAY FOR PUBLIC STREET
PER DEED RECORDED 612812011
AS DOCUMENT NO. 2011-0327701 O.R.
REFERENCE DRAWINGS
P. M. 19198; P.M. 16078
BASIS OF BEARINGS
BASIS OF BEARINGS FOR THIS
PLAT IS THE SOUTHERLY RIGHT
OF WAY LINE OF ADRIAN STREET
PER P.M. NO. 16078
I.E. N89° 1624 "W
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VICINITY MAP
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5620 FRIARS ROAD J. 15461A
SAN DIEGO, CA 92110
619 291.0707
(FAX)619 291.4165
TRICK A. MOMIC4EL, LS 6167 DATE
ADR — STREET
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EXHIBIT "B"
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320 ' N00'06'02"E 1313'
PARCEL "8; N8976'06'W 173.88'
SEE DETAIL "B" N8M99 '06W 3040
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® 5620 FRIARS ROAD J. 15461A
SAN DIEGO, CA 92110
619.291.0707
�FAX�6�y.�q�.: -I�OS PUBLIC UTIL /TYEA SEMEN T
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SHEET 2 OF 3
EXHIBIT "B"
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NAME DIRECTION LENGTH
L1 S 89 0 53'57" E 4.98
L2 S 0 °06'03" W 8.00
L3 N 89 °53'57" W 4.97
L4 N 0 0 06'03" E 3.20
CURVE TABLE
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SEE SHEET 2 30'
5620 FRIARS ROAD L 15461A
SAN DIEGO, CA 92110
619191.0707
(FAX)619.291 A165
PUBLIC U TIL I TY EA SEMEN T
TO CITY OFPOWAY
SHEET 3 OF 3