Grant of Easement General Utility Easement 2012-0787508RECORDING REQUESTED BY: )
CITY OF POWAY )
AND WHEN RECORDED MAIL TO:)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
f ¢ POWAY, CA 92074 )
D O C ## 201 2 - 0787508
IIII I III I I II I III I I II I IIII it IIIII I I II I I II
DEC 14, 2012 9:58 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 6
(This space for Recorder's use only)
1' #-A P N : 317-190-43-00
GRANT OF EASEMENT
GENERAL UTILITY EASEMENT
ST111 -004
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to Revenue & Tax Code 11922 (conveyance to a
Government Agency)
Pinnacle Realty of California, a California limited liability corporation (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 ", 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,
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 City of Poway, 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 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,
General Utility Easement
STI11 -004
Page 2
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 that exist at the time this
document is executed without obtaining the prior written consent of the GRANTEE.
In the event of any dispute involving this Easement, 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.
I WITNESS WHEREOF, the GRANTOR has executed this Easement this (D day of
20 /�
Pinnacle Realty of
LM
Its
(S gnatur mu t be notarized)
Approved as to Form:
Office of the City Attorney
Mor n L. ole , City ttorney
m:\ engseN %clapp%esmnt %toyotaltoyota utility.docx
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of San Diego
On December 6, 2012
before me, Tina Perez, Notary Public
(Here insert name and title of the officer)
personally appeared M. Vincent Castro
who proved to me on the basis of satisfactory evidence to be the person(s -) whose namef9gaire subscribed to
the within instrument and acknowledged tome that Ohe4key executed the same in is authorized
capacity(ies-} and that by(E)her4heff signatures) on the instrument the person(6), 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.
N. TINA PEREZ
WITNESS my hand and o ial seal. Commission No. 19"366
rnrurr auxtc. 400011u
SM DIEGO COUnr
J N—
*Ca m E+an.etr u, ms
Signa re of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Grant of Easement
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800 873 9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
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verbiage does not require the notary to do something that is illegal for a notary in
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signer(s) personally appeared before the notary public for acknowledgment.
Date of notarization most be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
The notary public most print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
Print the name(s) of document signer(s) who personally appear at the time of
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Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
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Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. if the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
CERTIFICATE OF ACCEPTANCE
Grant of Easement —General Utility Easement STI11 -0
This is to certify that the interest in real property located in the City of Poway conveyed
by the Grant of Easement described in the attached document dated: ,
from Pinnacle Realty of California, a California limited liability corporation, 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.
Dated: il�z / ii //'q— CITY OF POWAY
Seal:
�Troyan,
.
MMC �-
City Clerk
SHEET IOFI
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF THAT LAND, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED IN DEED RECORDED SEPTEMBER 14, 1984 AS DOCUMENT NO. 84-
350439, OF OFFICIAL RECORDS IN COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LAND, DISTANT THEREON SOUTH 010
19'01- WEST, 12.50 FEET, MEASURED ALONG SAID WESTERLY LINE FROM ITS NORTHERLY
TERMINUS; SAID POINT ALSO BEING THE SOUTHERLY CORNER OF THAT PARCEL OF LAND
DESCRIBED IN DEED, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED OCTOBER 1, 1987 AS DOCUMENT NO. 87- 555826, OF SAID OFFICIAL RECORDS;
THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 010 19'01- WEST, 1.14
FEET,'
THENCE NORTH 510 45'37- EAST, 21.25 FEET TO A POINT ON A CURVE IN THE SOUTHEASTERLY
LINE OF SAID PARCEL OF LAND, SAID CURVE IS CONCAVED SOUTHEASTERLY HAVING A
RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS EASTERLY TERMINUS TO THE NORTHERLY
LINE OF LAND DESCRIBED IN SAID DOCUMENT NO. 84- 350439; A RADIAL LINE TO SAID POINT
BEARS NORTH 040 53'45" WEST,'
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 610 48'09",
AN ARC LENGTH OF 21.57 FEET TO THE POINT OF BEGINNING.
BASIS OF BEARINGS: THE BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE
COORDINATE SYSTEM, ZONE6, NORTH AMERICAN DATUM 1983, AS DETERMINED LOCALLY BY
THE LINE BETWEEN CSRS COBS STATIONS "S105" AND "MVFD ", BOTH PUBLISHED ON CSRC
DATA SHEETS, BEING NORTH 560 06'38" EAST.
CONTAINING: 49 SQUARE FEET
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS -OF -WAY, IF ANY
WAS PREPARED BY ME OR UNDER MY DIRECTION.
BRIAN L. TMENES
P.L.S. No. 5750
REG. EXP. 12131113
0:129981ESMM998 DED.doc
Last Update: 10109172
DATE
m NO. 5750 v))=
D(P.12/31/13 a
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SCALE. ' 1" = 50'
42'
Q
Q
Q O
I
EXHIBI T "B"
STREET DEDICATION TO THE CITY OF POWAY
42' I
I
I
I
I
_ POWA Y_
ROAD
LINE TABLE
LINE #
BEARING
LENGTH
L1
S 1'19'01" W
1.14'
L2
N 51'45'37" E
21.25'
L3
N 4'53'45" W
20.00'
-SEE DETAIL BELOW
GRANT DEED
84- 350439, O.R.
CURVE TABLE
CURVE #
DELTA
RADIUS
LENGTH
TANGENT
C1
17'50'30"
20.00'
6.23'
3.14'
C2
61'48'09"
20.00'
21.57'
11.97'
C3
6'11'04"
20.00'
2.16'
1.08'
LEGEND.
INDICATES STREET DEDICATION
OTO THE CITY OF POWAY
CONTAINS: 49 SO. FT.
Last Update: 10 /9/12
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C/NL ENGINEERING •LAND SUI6NG 4349 FIRESTONE BOULEVARD M /RADA, CALIFORN69 90638
h:(714J521 -4811 fAX(714J521 -4173
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N 88'42'41 " W
0
to
GRANT DEED
87- 555826, O.R. /�
4
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SURVEYOR.'
U
SHEET 1 OF 1
SE'LY LINE
87- 555826, O.R.
WILY LINE
r84- 350439, O.R.
L L3(RAD)
V
GRANT DEED
84- 350439, O.R.
W'LY LINE
GRANT DEED
84- 350439. O.R.
THE SUPERVISION OF
0_4:
IAN L. THIENE
. L. S. NO. 5750
REG. EXP. DEC. 31, 2013
1 m N0. 5750 in );;c
*tr EXP.12/31 /13
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