Grant of Easement for Water 2012-08172690
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92074 )
Parcel No. 275 - 071 -08
D 0 C # 201 2 -081 7269
III II IIII IIIII IIII III I I I II I I it III I IIIII III I IIIII III IIII
DEC 27, 2012 11:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J_ Dronenburg. Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 8
(For Recorder's Use Only)
GRANT OF EASEMENT FOR WATER
(No Documentary Transfer Tax Due)
Peter W. Hui and Pearl Sook Fun Hui. Trustee of the Hui Family Trust dated November 17,
2001 (hereinafter "GRANTOR "), hereby grants to CITY OF POWAY (hereinafter "GRANTEE "),
its successors, or assigns, an easement 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, together with all related fixtures and
appurtenances, at such locations and elevations, upon, along, over, and under the lands
described below as GRANTEE may now or hereafter determine in its sole discretion, without
any additional compensation therefore, together with the right of ingress and egress from said
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 the GRANTEE's rights -of -way
situated in adjacent lands, without any additional compensation therefore.
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:
(See attached Exhibit "A" — Legal Description and Exhibit 'B" — Plat)
GRANTOR, his 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, his 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 the GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipelines
or other facilities within the boundaries of this easement, 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 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 the GRANTOR has the power to grant this
easement in accordance with his terms.
IN W NESS WHEREOF, the GRANTOR has executed this Easement this 21-9
day of ti !�-�2012.
Pet 6r
/Z /Z, %zo/Z_
Date
Pearl Sock Fun Hui Date '
(Signatures must be notarized. Notary form attached.)
CITY OF POWAY:
Penn Riley, City a ger
Approved as to Form
Office of the City Attorney
aC i 2
iA la`f�iy
Date
4X, 4XV 94* 44
Morg L. oley,.j Date
MACIP_Development\CIP Projects \1744B Fire Protection Dpgades (2009- 2010)\Easements\EASEMENT_16552 Martincoitdoc
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 275- 071 -08
VESTING: PETER W. HUI & PEARL SOCK FUN HUI, TRUSTEE OF THE HUI FAMILY TRUST DATED
1 1/17/2001
THAT PORTION OF PARCEL 25 AS SHOWN ON RECORD OF SURVEY 3897, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 10, 1956, BEING A PORTION OF SECTION
25, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, APPROVED SEPTEMBER 11, 1879, DESCRIBED IN INTERSPOUSAL TRANSFER GRANT DEED
TO PETER W. HUI AND PEARL SOCK FUN HUI, TRUSTEE OF THE HUI FAMILY TRUST DATED
NOVEMBER 17, 2001, RECORDED APRIL 3, 2003 AS DOCUMENT NO. 2003 - 0375351, SHOWN AS A 1.09
ACRE GROSS PARCEL ON RECORD OF SURVEY 7244, RECORDED APRIL 9, 1970 AS FILE NO. 61776,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID 1.09 ACRE GROSS PARCEL,
DISTANT THEREON SOUTH 31008'10" WEST 27.27 FEET FROM THE MOST NORTHERLY CORNER OF
SAID 1.09 ACRE GROSS PARCEL, SAID POINT BEING ON A NON - TANGENT 190.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 29 °02'26" EAST;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 25054'14" A DISTANCE OF 85.90 FEET TO THE EASTERLY LINE OF SAID
PARCEL 25;
THENCE ALONG SAID EASTERLY LINE, NON - TANGENT TO SAID CURVE, SOUTH 00006'30" EAST
20.03 FEET TO A POINT ON A NON - TANGENT 210.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 02049'38" EAST;
THENCE LEAVING SAID EASTERLY LINE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 26024'46" A DISTANCE OF 96.81 FEET TO SAID NORTHWESTERLY LINE OF SAID
1.09 ACRE GROSS PARCEL;
THENCE NON - TANGENT TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE NORTH 31-08'10"
EAST 20.01 FEET THE POINT OF BEGINNING.
CONTAINING 1,827 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B ".
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL L. SCHLUMPBERGER, PLS 7790
DATE
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N No.C�90
\�9 OF \F
EXHIBIT "B"
F A DENOTES WATER
EASEMENT ACQUISITION
L SEE SHEET 2.
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SCALE: 1" =100'
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/ APN: 275- 071 -08
DOC. NO. 2003 - 0375351
Moog Aco GHo
FOR FCA 29 BOB 7244
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Right -Of -Way Engineering Services, Inc.
615 S. Tremont Street • Oceanside, CA 92054
(760) 637 -2700 FAX (760) 637 -2701
File Name: Poway —WL Upgrades Green Terrace Esmts.dwg
Job No 1108- 0043 -02
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THIS PLAT WAS PREPARED BY ME OR
UNDER MY DIRECTION IN CONFORMANCE WITH
THE PROFEESSIO/NNAS LAND SURVEYOR'S ACT.
7�%.Sio'� // -6 -20/L
MICHAEL L. SCHLUMPBERGER, PLS 7790
EXHIBIT "B"
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P. B.
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1.07 Ac. OR.
SCALE: 1 " =20'
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/A 40' PRIVATE EASEMENT FOR ROAD,
/ O SEWER, WATER, GAS, POWER &
TELEPHONE PER F/P 46456 REC.
/ 3/11/1971 & F/P 104300 REC.
6/12/1969 & F/P 13952 REC.
1/25/1968 & F/P 73- 106204 REC.
4/23/1973 ALL O.R., & 40'
EASEMENT FOR ACCESS, PIPELINES,
DRAINAGE AND PUBLIC UTILITIES PER
PRELIMINARY TITLE REPORT PREPARED
BY CHICAGO TITLE COMPANY, ORDER
NO. 73711003981, DATED 4/12/2011.
OPRIVATE EASEMENT FOR ROAD, SEWER,
WATER, GAS, POWER & TELEPHONE
RESERVED PER F/P 112474 REC,
7/3/1968 O.R.
O5' EASEMENT FOR UTILITIES &
DRAINAGE RESERVED PER BK. 6067,
PG. 438 REC. 4/19/1956 O.R.
OS.D.G.& E. EASEMENT PER F/P 60202
REC. 4/8/1969 O.R.
IJ ❑09 AVo OR.
n00 7244
APN: 275- 071 -08
DOC. NO. 2003 - 0375351
Y
ROS 3897
DENOTES WATER
EASEMENT ACQUISITION
1,827 SQ. FT. MORE OR LESS
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NOTE: DATA SHOWN HEREON IS
BASED ON RECORD OF SURVEY 7244.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of Z% J
On 2L /Z-before me, 7-1- W4 /f .� /i ✓.✓ ✓ii it j / , G C_
Date Y I Here eh Name and Title of the Officer '
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personally appeared
PNY1us SHMN
Commission f 1956215
Notary Pudic - California i
San Diego County
Comm. Pints NOV 9.2015
Place Notary Seal Above
Kr ; ,.
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) lqi subscribed to the
within instrument and acknowledged to me that
*e * /they executed the same in l� /lei /their authorized
capacity(ies), and that by ftfir /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.
Signature li 1 J u
SignatuaW re 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
Title or Type of Document:
Document Date: ?tit c.4: y,&:7 2 -�� Wit/ % z --- Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
C Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — C Limited C7 General
❑ Attorney in Fact
❑ Trustee
L Guardian or Conservator
L Other:
Signer Is Representing:
v
RGHOF T HR
SIGNER
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®2007 National Norary Airsoaation• 9350 De Sato Am., PO Box 2402• Cha[sworih, CA 91313- 2402•w NafionalNotaryorg Iteri Reorder: Call TAI -Free 1- 800 - 8]6692]
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On December 24, 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. LEGG
i Commission # 19393
4186
_ Notary Public - California i C x'
Z San Diego County
�M Comm. Fx ires Apr 2a,2o1s' Carol S. Legg, Notary Pubis
OPTIONAL
Title or type of document: Grant of Easement for Water, Tax Parcel 275- 071 -08
Document Date: 12/20/12
Number of Pages: two, plus exhibits A and B
Signers Other Than Named Above: Peter Hui and Pearl Sook Fun Hui
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement
dated: December 20, 2012, from Peter W. & Pearl Sook Fun Hui, 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: 1- 2- 14.7hz CITY OF POWAY
Seal:
By:
I a A. Troyan, MM , City Clerk
MACIP_Development\CIP Projects \17440 Fire Protection Upgrades (2009- 2010) \Easements\certdicate of acceptance- city_Hui.doc