Loading...
Grant of Easement for Water 2012-0817270D O C ## 201 2 -0$1 7270 �b \ RECORDING REQUESTED BY: j IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CITY OF POWAY ) DEC 27, 2012 11:48 AM 5AN y' FIECORDS ,,"ORDER'S OFFICE { WHEN RECORDED RETURN TO: ) Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 CITY CLERK OC NA CITY OF POWAY ) PAGES: 10 P.Q. 789 POWAYAY, ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CA 92074 ) Tax Parcel No. 275- 071 -16 (For GRANT OF EASEMENT FOR WATER (No Documentary Transfer Tax Due) Use Only) Alan M. Mansfield and Kelly S Mansfield, trustees of the Alan and Kelly Mansfield Trust dated July 16, 2004 (hereinafter "GRANTOR "), hereby grants to CITY OF POW" (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 v an approved plan. GRANTOR, his heirs, successors and assigns shall not dig n drill any hole n 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 12 -071,1 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 parry 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this f L I day of PC/, (IM lXv' , 2012. Alan M. Mansfield T "STZ Date Kelly S. MAnsfield Mt3TCE Date (Signatures must be notarized. Notary form attached.) CITY OF POWAY: is / 1-4 // >>/ Penny Roey, City M*ager / \ Date Approved as totem Office of the City Attorney Morga . F ley Date MAC1P_D"e1opmmAC1P PmjmB%1744E Fire Protection Upgrades ( 2009- 2010)\Easements\EASEMENT_13451 Green Terrace.doc EXHIBIT "A" LEGAL DESCRIPTION APN: 275- 071 -16 VESTING: ALAN M. MANSFIELD & KELLY S. MANSFIELD, TRUSTEES OF THE ALAN & KELLY MANSFIELD TRUST DATED 7/16/2004 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 AS PARCEL 1 IN QUITCLAIM DEED TO ALAN M. MANSFIELD & KELLY S. MANSFIELD, TRUSTEES OF THE ALAN & KELLY MANSFIELD TRUST DATED JULY 16, 2004, RECORDED SEPTEMBER 30, 2004 AS DOCUMENT NO. 2004- 0932027, SHOWN AS A 1.07 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 PARCEL 1, BEING THE NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO JUANICE D. THAYER ET AL, RECORDED JULY 3, 1968 AS FILE NO. 112474 OF OFFICIAL RECORDS, DISTANT THEREON SOUTH 31 °26'30" WEST 13.04 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 57027'10" EAST 5.78 FEET; THENCE NORTH 32 032'50" EAST 12.00 FEET; THENCE SOUTH 57027'10" EAST 20.00 FEET; THENCE SOUTH 32 032'50" WEST 12.00 FEET; THENCE SOUTH 57 027'10" EAST 37.19 FEET TO THE BEGINNING OF A 210.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11005'27" A DISTANCE OF 40.65 FEET; THENCE SOUTH 46 021'43" EAST 19.86 FEET TO THE BEGINNING OF A 190.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14035'51" A DISTANCE OF 48.41 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1, BEING THE SOUTHEASTERLY LINE OF SAID 1.07 ACRE GROSS PARCEL, DISTANT THEREON SOUTH 3 1008' 10" WEST 27.27 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG SAID SOUTHEASTERLY LINE, NON - TANGENT TO SAID CURVE, SOUTH 31-08'10" WEST 20.01 FEET TO A POINT ON A NON - TANGENT 210.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 29014'24" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4013'54" A DISTANCE OF 15.51 FEET; THENCE NON - TANGENT TO SAID CURVE SOUTH 36 012'04" WEST 5.01 FEET TO A POINT ON A NON - TANGENT 215.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 33 032'07" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5019'54" A DISTANCE OF 20.01 FEET; THENCE NON - TANGENT! TO SAID CURVE NORTH 36 012'04" EAST 5.01 FEET TO A POINT ON A NON - TANGENT 210.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 38 055'50" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4 042'27" A DISTANCE OF 17.25 FEET; THENCE NORTH 46 021'43" WEST 19.86 FEET TO THE BEGINNING OF A 190.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 005'27" A DISTANCE OF 36.78 FEET; THENCE NORTH 57027'10" WEST 14.21 FEET; THENCE SOUTH 3105T 14" WEST 6.03 FEET; THENCE NORTH 58 033'30" WEST 48.33 FEET TO SAID NORTHWESTERLY LINE OF LAND DESCRIBED IN SAID DEED TO JUANICE D. THAYER ET AL; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 31 026'30" EAST 26.96 FEET THE POINT OF BEGINNING. CONTAINING 4,093 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. HLUMPBERGER, PLS 7790 1AND ��5 �� SCHtU,yAd ��- NaT,., DATE -� m * �Exp. 9 No 7790 OF a �F� EXHIBIT "B" �I DENOTES WATER 11 H EASEMENT ACQUISITION SEE SHEET 2. 1� / I + APN: 275- 071 -16 DOC. NO. 2004 - 0932027 / 1 ono7 aco an. nos 7244 a FOR AM Zf i I l 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 SCALE: 1"=100' THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH �THE PROFESSIONAL LAND LAND SURVEYOR'S ACT. 6 /�/�---� 7 1 -/n - Z01 7- MICHAEL L. SCHLUMPBERGER, PLS 7790 OA 40' PRIVATE EASEMENT FOR ROAD,'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. ©5' EASEMENT FOR UTILITIES & DRAINAGE RESERVED PER BK, 6067, PG. 438 REC. 4/19/1956 O.R. ROAD 1007 K OR Roos 7244 APN: 275- 071 -16 DOC. NO. 2004 - 0932027 N29'1 1a- � SSSO F MID aco EXHIBIT "B" NW'LY LINE FILE NO. 112474 REC. 7/3/1968 s6 3 I O43p "w 86 O / S57-27' 440 X5.78' \ / v o0 ry0' 53 6502,4 "W O / �A B J // C 113 0� \/ \Y�� SCALE: 1 " =20' LINE DATA LI S36'12'04 "W 5.01' L2 N36'12'04 "E 5.01' / L3 N57'27'10 "W 14.21' / CURVE DATA Cl A= 493'54" R= 210.00' L= 15.51' C2 A= 4'42'27" R= 210.00' L= 17.25' DENOTES WATER EASEMENT ACQUISITION / 4,093 SQ. FT. MORE OR LESS / NOTE: DATA SHOWN HEREON IS BASED ON RECORD OF SURVEY 7244. CITY OF POV / VESTING: ALAN M. MANSFIELD CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 <_ Jy County of - J—i% y J' E tv On -Z"efore me, _ �L L Jffi ; /, y. er G� Date Here Ins h Name antl Title of the Officer personally appeared PNYLl1S S Commissions 1556215 Notary Public • Cstltorr I San Dispo county r Comm. irea Nov 9.20151 Place Notary Seal Above Z-/- who proved to me on the basis of satisfactory evidence to be the persorl whose nal is/4d,� subscribed to the within instrument and acknowledged to me that he /ssN /th* executed the same in his/her /tIibw authorized capacity(itip), and that by his/tittf/thffifr signature($;; on the instrument the persol 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. Signature i U``` f jJ � 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 Title or Type of Document: J Document Date: Y1� -C.L' iC %,_:iii: /LG v /Z Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual f. - -I Corporate Officer— Title(s): _ ❑ Partner — C Limited _) General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C! Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER lop 01 rumrTe—,e Signer's Nai ' I Individual ❑ Corporate Officer — Title(s): ❑ Partner — C Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINr OF SIGNER ©2007 National Notary Arsooaton• 9350 De Soto Aw., PC Bm 24(V -Chat rlh, CA 9131 &2402•w Nationartotary org Item N590J Reamer, Call Toll Free 1- Win - B76E2] CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ✓ ' c. c— On �ir'1'r ?2 %G y y / before me, f't L L 15 r ;w ✓ . ✓ frt . , Date ' _ � Here Insert ame antl Title of the OPocer personally appeared At L L y III S"MN Camrlillm" 1 1956215 Nohry Publk - Calf n* LOM San DfrOo Coufq Comm. as Now 9.2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(q-whose name( is/a% subscribed to the within instrument and acknowledged to me that =e/she /t* executed the same in Wher /ffi*r authorized capacity(ik), and that by, fli5/her /t%r signature() on the instrument the person(4 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. Signature 4- ? r Signature of Notary PubLc 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 1<�') ^�� '7�C—'lLit i i= o ✓, =+ F=�- ��jr., Document Date. ��� E l%L2izx �1 ./v .; L-- Number of Pages: Signer(s) Other Than Named Above:' %� --� -� i i % -'l ✓-�- ''�� L- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —C 1 Limited General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L RIW Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — C Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator ::1 Other: Signer Is Representing: RIGHTTHUMBPRINT 0 OF SIGNER e2007Natienal Notary Association -9350 De Soto Ave.. PC Box 2402•Chaemorm, CA 91313- 2402 -w NabonalNotaryorg Item #5907 Reorder: Call Tdl -Free 1- 800 - 8]6682] 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. CA S. LEGG Commission # 1934186 i -i Notary Public - California i nia i Z San Diego County s My Comm. Expires Apr 28.2015 Carol S. Legg, Notary Publidr OPTIONAL Title or type of document: Grant of Easement for Water, Tax Parcel 275- 071 -16 Document Date: 12/10/12 Number of Pages: two, plus exhibits A and B Signers Other Than Named Above:_ Alan Mansfield, Kelly Mansfield. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the easement dated: December 10, 2012, from Alan M. & Kelly S. Mansfield, 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: e2 R CITY OF POWAY Seal: t? MACIP_Development\CIP Projects \1744C Fire Protection Upgrades (2009- 2010) \Easements\certificate of acceptance - city_Mansfield.doc