Grant of Easement Water 2012-0247548RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK d;t
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074'
APN: 320 - 220 -18 & 320 - 220 -21
DOC# 2012 - 0247548
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APR 27, 20112 11:23 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
GRANT OF EASEMENT
Water
Hoist WI11 -001
PAGES: 9
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
Hamann Construction, a California corporation (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.
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,
Grant of Easement
Hoist Will-001
Page 2
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 day of
A& L- 12012.
Hamann Construction, a California corporation
Approved as to Form:
Office of the City Attorney
Morga of , City ttorney
MAengsery \Clapp \Esmnt \Hoist Water.doc
(Signatures Must Be Notarized)
27.1VrV_4 L '1?.-
Date
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of S ate17_,� '
On 4 1 �o ( 1 2 before me, L �c 1�c�+�c ,Sv'�'� , iu ►� �u -c
Date Here Insert Name and Title Officer
personally appeared C `� m a- �-►�
Name(s) of Signer(s)
sm
#1811341
,IC • CAUFONAA
2012
:w . L. RICHARDSON
COMM. #1811341 ;
MOTgRY PUBLIC n
SAN DIEGO COUNTY 0
� ►• EV. SEPT. 23, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(sjja/are
subscribed to the within instrument and acknowledged
to me that _ha4she /they executed the same in
hisAw/their authorized capacity(ies), and that by
- 4;l4s!4er /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) 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.
Sig nature�`7L` c^'
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
v zuuy National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
Grant of Easement
Hoist WI11 -001
Page 3
CERTIFICATE OF ACCEPTANCE
,..........d of Oj
IN' F c�rY C
This is to certify that the interest in real property conveyed by the deed or grant dated:
1910AI L -j-'Z0/Z- from Hamann Construction, a California corporation, 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: /A CITY OF POWAY
Li Troyan, MMC, ity Clerk
"EXHIBIT A"
LEGAL DESCRIPTION
WATER EASEMENT
THAT PORTION OF PARCEL "B" AND PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF
COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, INCLUDED WITHIN A
STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF AFOREMENTIONED PARCEL "C ", SAID
POINT ALSO BEING ON THE NORTHERLY RIGHT -OF -WAY OF COMMUNITY ROAD AS DEDICATED
PER MAP NO. 13944, RECORDED MARCH 13, 2000 AS FILE NO. 2000 - 126910, OFFICIAL RECORDS
OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT -OF -WAY, SOUTH
87 015'01" EAST A DISTANCE OF 30.29 FEET TO THE TRUE POINT OF BEGINNING FOR THE
CENTERLINE OF THIS 20 -FOOT WIDE STRIP DESCRIPTION; THENCE DEPARTING SAID
NORTHERLY RIGHT -OF -WAY NORTH 2 °44'59" EAST A DISTANCE OF 46.54 FEET; THENCE NORTH
89 009'51" EAST A DISTANCE OF 198.06 FEET;THENCE NORTH 51'24'59" EAST A DISTANCE OF
4.77 FEET TO POINT "A "; THENCE DEPARTING SAID POINT "A ", NORTH 51 024'59" EAST A
DISTANCE OF 59.31 FEET; THENCE NORTH 2 °44'59" EAST A DISTANCE OF 221.43 FEET TO
POINT "B "; THENCE DEPARTING SAID POINT "B ", NORTH 2 044'59" EAST A DISTANCE OF 89.14
FEET; THENCE NORTH 87 °15'01" WEST A DISTANCE OF 248.92 FEET TO POINT "C "; THENCE
DEPARTING SAID POINT "C ", NORTH 871501" WEST A DISTANCE OF 309.66 FEET; THENCE
SOUTH 2 044'59" WEST A DISTANCE OF 55.54 FEET TO POINT "D "; THENCE DEPARTING SAID
POINT "D ", SOUTH 2 044'59" WEST A DISTANCE OF 253.18 FEET; THENCE SOUTH 37 °15'01" EAST
A DISTANCE OF 72.16 FEET; THENCE SOUTH 2 °44'59" WEST A DISTANCE OF 42.53 FEET, MORE
OR LESS, TO A POINT ON THE SOUTHERLY LINE OF AFOREMENTIONED PARCEL "B ", SAID
POINT ALSO BEING ON THE NORTHERLY RIGHT -OF -WAY OF COMMUNITY ROAD.
THE EASTERLY AND WESTERLY SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND TO BE
EXTENDED AND SHORTENED TO TERMINATE AT AFOREMENTIONED NORHTERLY RIGHT -OF-
WAY OF COMMUNITY ROAD.
TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE
OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET
WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT AFORESAID POINT "A ", THENCE SOUTH 38 °41'12" EAST A DISTANCE OF 31.36
FEET.
TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE
OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET
WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT AFORESAID POINT "B ", THENCE SOUTH 871601" EAST A DISTANCE OF 18.00
FEET.
TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE
OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET
WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT AFORESAID POINT "C ", THENCE NORTH 2 °44'59" EAST A DISTANCE OF 33.00
FEET.
TOGETHER WITH THAT PORTION OF PARCEL "B" OF BOUNDARY ADJUSTMENT CERTIFICATE OF
COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET
WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT AFORESAID POINT "D ", THENCE SOUTH 87 °15'01" EAST A DISTANCE OF 38.00
FEET.
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HANS PETER CRAId, PLS 5270 DATE: c,O.AND .
MY LICENSE EXPIRES 12/31/13
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EXHIBIT "B"
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LEGEND:
POB INDICATES PO /NT OF BEG INNING
TPOB INDICATES TRUE POINT OF BEGINNING
INDICATES PROPERTY BOUNDARY
INDICATES EASEMENT AREA; 0.751 ACf
—� — INDICATES CENTERLINE
INDICATES RIGHT —OF —WAY
NOTE
THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR
INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED
TO CONTROL PROPERTY BOUNDARIES. SEE "EXHIBIT A"
LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT.
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Document No.
Date: 311212012