Grant of Easement for Public General Utility & Appurtenances G-1640-09 2012-0173130D O C # 201 2 -01 731 30
111111111111111111111111111111111111111111111 IN IIIII
GRANT OF EASEMENT
FOR PUBLIC GENERAL UTILITY & APPURTENANCES
G- 1640 -09
The undersigned 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 general 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, and maintain general utilities, 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 W, 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,
brush, or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
1
MAR 26, 2012 10:42 AM
RECORDING REQUESTED BY: )
OFFICIAL RECORDS
)
SAN DIEGO COUNTY RECORDER'S OFFICE
r
CITY OF POWAY
Ernest J. Dronenburg, Jr., COUNTY RECORDER
r(p
)
FEES: 0.00
u
AND WHEN RECORDED MAIL TO:)
OC: NA
)
PAGES: S
CITY OF POWAY )
1111111111
IN IN
P.O BOX 789 )
POWAY, CA 92074 )
(This space for Recorder's use only)
APN: 314 - 220 -70 & 314 - 220 -69
GRANT OF EASEMENT
FOR PUBLIC GENERAL UTILITY & APPURTENANCES
G- 1640 -09
The undersigned 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 general 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, and maintain general utilities, 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 W, 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,
brush, or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
1
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
affi&c 'l 20 14,
Dated:
Approved as to Form:
Office of the City Attorney
Easement this 10A day of
Morg n Fc a City ttorney
(Signatures must be notarized.
Notary form attached.)
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.
1 CAROLS L EGG
17 0 Commission # 19393
4186
Notary Public - Calitomla , I
San Diego County 0
t Carol S. Legg, No Pu i
OPTIONAL
Title or type of document Grant of Easement for Public General Utility & 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
T i is / to J certify that the interest in real property conveyed by the deed or grant
dated: 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
i y:
in Troyan, City Clerk
3
J- 15461 -A
EXHIBIT "A"
PUBLIC GENERAL UTILITY EASEMENT
Parcel "A"
That portion of Parcel 1, according to Parcel Map 19198 filed in the office of the County
Recorder of San Diego County April 1, 2003, of Official Records, said portion being
more particularly described as follows:
Commencing at the Northwest corner of Parcel 1 of said Parcel Map 19198; thence
along the Northerly line of said Parcel 1 South 89 0 16'24" East 11.36 feet to the most
Northeasterly corner of Brighton Avenue per deed recorded June 28, 2011 as Document
No. 2011 - 0327701 of Official Records; thence leaving said Northerly line and along the
Easterly line of said Brighton Avenue South 00 0 06'03" West 118.99 feet to the TRUE
POINT OF BEGINNING; thence leaving said Easterly line South 89 0 53'57" East 5.00
feet; thence South 00 0 06'03" West 8.00; thence North 89 0 53 1 57" West 5.00 feet to a
point on said Easterly line said point being herein designated Point "A "; thence along
said Easterly line North 00 0 06'03" East 8.00 feet to the TRUE POINT OF
BEGINNING.
Containing 40 square feet, 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 Easterly line
of said Brighton Avenue per deed recorded June 28, 2011 as Document No. 2011-
0327701 of Official Records the following 3 courses South 00 0 06'03" West 134.37 feet
to the beginning of a tangent 20.00 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle of 90 0 00'00" a
distance of 31.42 feet; thence non - tangent to said curve South 00 0 05'56" West 35.00
feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South
00 0 06'02" West 5.00 feet to the beginning of a non - tangent 15.00 foot radius curve
concave Southeasterly to which a radial line bears North 00 0 06'02" East; thence
Southwesterly along the arc of said curve through a central angle of 27 1 09'03" a
Page 1 of 2
distance of 7.11 feet; thence non - tangent to said curve North 27 0 03'01" West 5.00 feet
to the beginning of a non - tangent 20.00 foot radius curve concave Southeasterly to
which a radial line bears North 27 0 03'01" West; thence Northeasterly along the arc of
said curve through a central angle of 27 0 09'03" a distance of 9.48 feet to the TRUE
POINT OF BEGINNING.
Containing 41 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 20.00 foot radius curve concave Southeasterly to which a
radial line bears North 00 0 06'02" East; thence along the Easterly line of said Street
dedication the following 5 courses Southwesterly along the arc of said curve through a
central angle of 89 0 52'48" a distance of 31.37 feet to the beginning of a compound
533.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve
through a central angle of 02 0 15'34" a distance of 21.02 feet; thence South 02 0 02'19"
East 100.00 feet to the beginning of a tangent 567.00 foot radius curve concave
Westerly; thence Southerly along the arc of said curve through a central angle of
02 0 08'22" a distance of 21.17 feet; thence South 00 0 06'03" West 124.86 feet to the
TRUE POINT OF BEGINNING; thence leaving said Easterly line South 89 0 53'57" East
5.00 feet; thence South 00 1 06'03" West 10.00 feet; thence North 89 0 53'57" West 5.00
feet to said Easterly line; thence along said Easterly line North 00 0 06'03" East 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.
3 - / 4i - ?v12
Patrick A. McMichael, LS 6187 Date
Ec/fles /lega Is/ 15461A_lg_Public_General_Uh lity_Esmt_Lega I.I. dooc
Page 2 of 2
LEGEND
REFERENCE DRA WINGS
P. M. 19198; P.M. 16078
BASIS OFBEAR /NGS
BASIS OF BEARINGS FOR THIS
PLAT IS THE SOUTHERLY RIGHT
OF WAY LINE OF ADRIAN STREET
PER P.M. NO. 16078
I.E. N89° 16'24 "W
INDICATES
PUBLIC GENERAL UTILITY
a
EASEMENT
GRANTED HEREON;
I
PARCEL A
= 40 SQUARE FEET
W
PARCEL B
= 41 SQUARE FEET
PAl RCEL I
PARCEL C
= 50 SQUARE FEET
()
INDICATES
RECORD DATA
FO pp ti
PER P.M. NO. 16078
11
INDICATES
RECORD DATA
Q
PER P.M. NO. 19198
(R)
INDICATES
RADIAL
TPO.B.
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
d�
AS DOCUMENT NO. 2011-0327701 O.R.
REFERENCE DRA WINGS
P. M. 19198; P.M. 16078
BASIS OFBEAR /NGS
BASIS OF BEARINGS FOR THIS
PLAT IS THE SOUTHERLY RIGHT
OF WAY LINE OF ADRIAN STREET
PER P.M. NO. 16078
I.E. N89° 16'24 "W
5620 FRIARS ROAD J. 15461A
SAN DIEGO, CA 92110
619.291.0707
(FAX X619? 91.416 S
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TO CITY OFPOWAY
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