Grant of Easement (Water) 2012-0220094D O C # 2012-0220094
II II I I II II II I I IIII II I IIII III IIII II I III III III
APR 16, 2012 9:33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC NA
PAGES: 7
for Recorder's
GRANT OF EASEMENT
Water
Orange Gardens Apartments STI11 -002
The undersigned grantor(s) declares
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Poway Family Housing Partners, L.P., a California limited partnership (hereinafter "GRANTOR "),
hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the
following described easements 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, 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:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT EXHIBIT B
MADE A PART HEREIN)
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.
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.
/.;�1-v^2a
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
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CITY CLERK
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CITY OF POWAY
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P.O. BOX 789
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POWAY CA 92074
ern,
D O C # 2012-0220094
II II I I II II II I I IIII II I IIII III IIII II I III III III
APR 16, 2012 9:33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC NA
PAGES: 7
for Recorder's
GRANT OF EASEMENT
Water
Orange Gardens Apartments STI11 -002
The undersigned grantor(s) declares
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Poway Family Housing Partners, L.P., a California limited partnership (hereinafter "GRANTOR "),
hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the
following described easements 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, 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:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT EXHIBIT B
MADE A PART HEREIN)
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.
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.
/.;�1-v^2a
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 Iq day of
MA,rrah 2012-
Poway Family Housing Partners, L.P.
By.
JAMES SILVERWOOD
Its: *Y*Vgof�} 4c C,P
Approved as to Form:
Office of the City Attorney
64w,&46
Morg KL. ole ity torney
M \engservUapp \Esmnt \OG Water doc
I2L ' tv
Date
State of California
County of San Diego
On March 19, 2012
ACKNOWLEDGMENT
before me, Kelh J Elliott- Crisostomo, Notary Public,-
(insert name and title of the officer)
personally appeared James Silverwood
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(E) islare
subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in
hWhei:;hem authorized capacity(ies), and that by hWhei;4heir signature(s) 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
Signature
(Seal)
KaN J. Elliott -0rlsosbmo tj
C - #1920555 mm
N Notory PrbYGColibmN
W SAN DIEGO COUNTY
Cann Exp. JAN 18, 2015
CERTIFICATE OF ACCEPTANCE
r1� This is to certify that the interest in real property conveyed by the deed or grant dated:
from Poway Family Housing Partners, L.P., a California limited
partnership, 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: D .2 CITY OF POWAY
/y:—
c/ nda A. Troyan, MC, City lerk
Page 1 of 1
EXHIBIT "A"
WATERLINE EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE PROPERTY DESCRIBED IN DEED TO POWAY FAMILY HOUSING
PARTNERS RECORDED DECEMBER 22, 2009 AS DOCUMENT NO. 2009 - 704717 IN THE OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THAT CERTAIN 20.00
FOOT WIDE EASEMENT DESCRIBED IN DEED TO POWAY MUNICIPAL WATER DISTRICT
RECORDED AUGUST 2, 1976 AS FILE /PAGE NO. 76- 245220 IN THE OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA AND
THE NORTHERLY RIGHT -OF -WAY LINE OF OAK KNOLL ROAD (60.00 FOOT WIDE); THENCE
ALONG SAID EASTERLY LINE NORTH 01 052'33" EAST (NORTH 00 °43'00" EAST - RECORD) 54.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY
LINE NORTH 01 052'33" EAST 6.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH
88 007'27" EAST 3.50 FEET TO A LINE LYING 3.50 FEET EASTERLY OF AND PARALLEL WITH
SAID EASTERLY LINE, MEASURED AT RIGHT ANGLES; THENCE ALONG SAID PARALLEL
LINE SOUTH 01 052'33" WEST 6.00 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH
88 007'27" WEST 3.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 21 SQUARE FEET.
THIS LEGAL QESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION:
Alj'141e�
GERVAIS, PLS 8674
APN: 317- 540 -69
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9
° No.8674 cn
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NAD 83 GRID BEARING BETWEEN
STATIONS "611" AND "580" PER RECORD OF SURVEY 14492, I.E. N41 °58'29 "E.
I:\]0 \10016 \PROD \Mapping \Legals & Plats \Water Easement Jan 2012 \10016_Plats_WateT_Esmt.doe
EXHIBIT 'B"
LEGEND:
SHEET 1 OF 1
P.O.C. POINT OF
POWAY FAMILY COMMENCEMENT
HOUSING T.P.O.B. TRUE POINT OF
PARTNERS BEGINNING
INDICATES RECORD DATA
DOC NO. 2009 - 704717 PER DEED RECORDED
RECORDED DECEMBER 22, 2009 8/02/1976 AS FILE /PAGE
NO. 76- 245220
WATERLINE EASEMENT TO POWAY MUNICIPAL WATERLINE EASEMENT,
WATER DISTRICT RECORDED AUGUST 2, AREA = 21 S.F.
1 1976 AS FILE /PAGE NO. 76- 245220 —�
588 07 3.50' 27 t I BASIS OF BEARINGS:
� I-- 20.00' THE BASIS OF BEARINGS FOR THIS
PLAT IS THE NAD 83 GRID BEARING
I I IN01'52'33 "E 501'52'33 "WI BETWEEN STATIONS "611" AND
6.00' 6.00' "580" PER RECORD OF SURVEY
I I T.P.O.B. I 14492, I.E. N41-58'29 "E.
I i W I
I I I r) 0 1 N88'07'27 "W
I J � N� 3.50'
o f w I Z DETAIL
1„ = 10' aoP�
Io° 1 o u'I P.O.C. SITE
Z OAK KNOLL ROAD - -
"-� OAK KNOLL ROAD
0
\�NPL LANGnG S CITY OF POWAY
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.8674 In -CO7 \SeF'R�NO ,M{�iE OAK
0 30 60 120 * WAY
ANE
METAL A
SCALE IN FEET q FOp CAL \F���e 1 %i o>
GRAPHIC SCALE
IV 1" =60' VICINITY MAP
Drawn 8y. MASSON & ASSOC. Date: Jan. 18, 2012 CITY OF P 0 WA Y DOC. NO.
Revised: GRANT OF EASEMENT
FOR
WATERLINE
Map Check Report
Prepared by: Masson & Associates, Inc.
Preparer: John P. Gervais
PN: 11016
Date: 1/18/2012 4:34:58 PM
Description: Water Line Easement Orange Gardens Apartments
North: 1,926,583.4139' East: 6,313,124.9552'
Segment# 1: Line
Course: Nl° 52'33"E Length: 6.00'
North: 1,926,589.4107' East: 6,313,125.1516'
Segment# 2: Line
Course: S88° 07'27"E Length: 3.50'
North: 1,926,589.2962' East: 6,313,128.6497'
Segment# 3: Line
Course: S1° 52'33"W Length: 6.00'
North: 1,926,583.2994' East: 6,313,128.4533'
Segment# 4: Line
Course: N88° 07'27"W Length: 3.50'
North: 1,926,583.4139' East: 6,313,124.9552'
Perimeter: 19.00' Area: 21.00 square feet
Error Closure: 0.0000 Course: NO° 00'00"E
Error North : 0.00000 East: 0.00000
Precision 1: 19,000,000.00
No.8674 9Lf)
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