Grant of Easement General Utility Easement for Water Lines & Appurtenances 2013-0466119 � i------ - — —
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II II I I I II i III Ilill II I I I I II II I II III I II
JUL 25, 2013 10:46 AM
RECORDING REQUESTED BY: OFFICIAL RECORDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
) � EmestJ. Dronenburg,Jr., COUNTY RECORDER
CITY OF POWAY ) FEES: 0.00
OC: NA
AND WHEN RECORDED'N1AIL T0:) PAGES: C)
CIn CLERK ) ��''`' I IIIIII IIIIIIIIII IIIIIIIIII IIIII IIIII IIIIIIIIII IIIIIIIIII IIIII IIIIIIIIII IIIII IIIIIIII
CITYOF,POWAY ) �
P.O. BOX 789 )
POWAY, CA 92074 )
(This space for Recorder's use onlv)
APN: 317-473-12
GRANT OF EASEMENT
GENERAL UTILITY EASEMENT
FOR WATER LINES & APPURTENANCES
The undersiqned qrantor(s) declares:
Documentary Transfer Tax is $-0- pursuant to R & T Code 11922 (conveyance to a Govemment
Agency)
Poway Plaza, LLC, a California Limited Lia6ility Company (he�einafter "GRANTOR") hereby
grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the following
described easement for a riglit-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,
togetfier 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
righf of ingress and eg�ess 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 addition 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:
The westeriy 375.00 feet of the East Half of the Norfheast Quarter of the Southwest Quarter of
Section 13, Township 14 South, Range 2 West, San Bernardino:Base and Meridian, in the City
of Poway; County of San Diego, State of Califomia, according to the Official Plat thereof,
excepting there(rom the Southerly 683.94 feet thereof.
GRANTOR; "its heirs, successors and assigns shall not erect o� construct or permit to be
erected or constructed any building, structure or improvement, or plant any t�ee or trees or
plant any othe�vegetation or flora within said easement without the express written approval of
the City of Poway as,evidenced by the signature of the City Enginee� on an approved plan.
GRAN,T.OR, its heirs, successors and assigns shall not dig or drill any hole or wells on any
portion of the easement.
�3 -(�SH
Grantof Easement
Page 7
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 ag�ees that no other easement or easements shall .be gPanted on, under, or over
this easement withouYobtaining the prior written consent of GRP;NTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipeiines
or other facilities within the boundaries of the easement, right-of-way„ or modify the size of
existing pipelines orother 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, orassigns, 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 witiiout,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, wFiich shall be determined by the couit 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 WIT�r S WHEREOF, the GRANTOR has executed this Easement this ✓3 day of
� u�E , 20�.
Pow Plaz� LLC
J
By.
Jorge Lutteroth, Managing Member
(Signatures must be notarized.
Notary form attached.)
Approved as to Fo�m:'
Office of the City Attorney
6
Morg�n L. ol Ci Attorney
' CALIFORNIA dLL-PURPOSE ACKNOWLEDGMENT cm�cooe y „ea
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�„ State of California �
County of S�� V���
�
� I� lpy ,,�` `/� `` }�,�,.� I � \I �
� On � � fore me,��/`�� �'S"�11�'�V '1 � i 1�� 1�1' `1 YV h�IL
Date Here Insen Name and Tue o1 ihe ilicer
� personally appeared �brdl'G L.� ���� �
`�� Name(s)oi Signer(s�
I�
who proved to me on the basis of satisf ory
evidence to be the perso�whose nam i e
subscribed to t ithin i strument and acknowledged
e that e/ �executed the same in �
i honzed capacit i ,, and that by �
�. �
� �` his� � �� signature� the instrument the �
� ^ � AIEXANDRA MARIE�.SANDOVAL � Pef50n(5�or tlie entity'upon .behalf of which the ,
Commission p 1918207 erso�ted, executed the instrument. �
a -d � - Notary PuElic -Calilornia i p
i �'� � San Diego Coonry D � .
MyComm.Expiiesnte 14.20�6 I certify under PENALTY OF PERJURY under the '
laws of the State of Califomia that the foregoing �
�i
�� paragraph is true and cor�ect.
� � � � �
� WITNESS my hand and official seal. �
� ��
Signature:�
Place Notary Seal Above SignaWre ol Notary Public �
OPTIONAL �
� Though the inlo'rmation below�is;noi`iequiied by law, it may prove yaluable to,persons.relying on fhe document i
, r andcouldprevenRlraudulentremoval;and�reaftachmento6.thisJOrm��to�anotherdocumenL � i
Description of Attached Docum t k � '
TiUe or Type ot Document:� U �
� Document Date: Number of Pages: �
Signer(s)Other Than Named Above:
� Capacity(ies) Claimed by Signer(s) �
i
� Signer's Name: Signer's Name:
❑ Corporate Officer - Title(s): ❑Corporate Officer -Title(s): �
i
❑ Individual ❑ Individual ', �
. .
' ❑ Partner- �Gmited O General Top ot thumb here ❑ Partner - O Limited �❑General TOp of thumb here
� ❑ Ariomey in Fact ❑Attorney in Fact � �
❑ Trustee ❑Trustee i
❑ Gua�dian�orConservaror ❑Guardian or Conservator �
❑ Other: ❑Other:
i.
i
Signer Is Representing: Signer Is Representing: i
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" EXHIBIT "A"
WATER EASEMENT
A portiomof the East Half of the;Northeast Quarter of the Southwest Quarter�of Section 1`3,
Township 14 South, Range.2 West,_San Bernardino Base Meridian, in the City of Poway, County
of San Diego, State of California, according to Official Plat thereof, described as follows:
Beginning.at the Northeast corner;of said Northeast Quarter of the Southwest Quarter of Section
13, according to Map No. 9281; filed in:the.Office of the County Recorder of San Diego County,
being also a point on the centerline,of Poway Road according to Road Siuvey No. 1713 and shown
thereon as Station 2i 5+57.03, said;Road'Survey being on file in the Office,of tHe,+County.Engineer
of said County and:State; thence�along said centerline North 89°08'30" West 64534:feet; thence
� leaving said centerline South O1°38'27" West 50.01 feet to apointron the Southerly right-of-way'of
Poway Road, 100 feet wide, said point being tfie TRUE POINT OF BEGINNING; thence
continuing South 01°38'27" West 10.00 feet thence South 89°08'30" East 19:11 feet; thence North
O1°38'27" East ]0.00 feet to the South line of Poway Road; thence North 89°08'30" West 19.11
feet to the TRUE POINT OF BEGiNNING,.
This legal description was prepared byme or under my direction.
���r�"
Robert J. Bateman, P.L.5. 7046
July 8, 2013
`O1y p,L LA/yp.S
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p � ➢ .t
a � :Z �
*' No. 7046 �
F'
9�OF CAI:l�¢�
i
EXHIBIT "B "
�
SCALE: 1"=20'
DA7E. 7-08-73
P 0 W A Y R 0 A D
--------------------��N_ 89°0830" W 645.34'
, --J�------
; P.0.B.
� NORTHEAST CORNER OF i �
EASEMENT FOR COUNTY HIGHWAY � I rHE NOR7'HEAST QUARTER
o RECORDED SEPTEMBER 19, 1944 , ; OF THE SOUTHWEST QUARTER I O
0
AS DOCUMENT N0. 70684. N � OF SECTION 13, T14S-R2W �
� � � o I
° ' o
o ' "� i
� � h
EASEMENT FOR COUNTY HIGHWAY � I �,
o RECORDED OCTOBER 24, 1963 I
� AS DOCUMENT N0. t90975. Z
o T.P.0.8. N189°08'30"' W I �
50' R W LINE � 19. 11 ' I �''
O
S 01 °38'27" W N 01 °38'27° E
I �
7 0.00' 19. 1 1 ' 10.00' I
I S 89°OS'30' E
THE WEST LINE OF THE E7/2
OF THE NE1�4 OF THE SW1�4 r/�J Jrr rr�r I��r��'r, :�/���'r
OF SECTION 13. 20.00' .i��`rlJl�l "1J, r"1r,r�f�2y/
EASEMENT TO CITY OF POWAY
RECORDED JULY 79, 1988 AS
FILE N0. 88-348053 OF
OFFICIAL RECORDS. D�p'L LAN�s
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G
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C�` No: 7046 �
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WATER EASEMENT SHOWN THUS: �
SAN DIEGO LAND SURVEYING & ENGINEERING, INC. ����` '
9665 CHESAPEAKE DRIVE, SUITE 445 "
SAN DIEGO, CAUFORN/A, 92123 PH: (858) 565-8362 ROBERT J. AT�MAN, P.LS. 7046
G`.�.{ OF PpW�r
• � ' CERTIFICATE OF ACCEPTANCE
(G�ant of General Utility Easement) TyF .�N,, ,.,, ���y
C�+IN THE G�J
This is to certify that tlie interest in real property located at APN 317-473-12 in the City of
Poway conveyed by the Grant of General Utility Easement for Water Lines and
&Appurtenances described in the attached document dated: June 13, 2013, from Poway
Plaza, LLC, to the Ciry of Poway, a political corporation and/or governmental agency, is
hereby accepted by the undersigned officer o� agent on behalf of the Ciry Council pursuant
to authority conferred by Resolution No. 34 adopted on January 20, 1981.
Dated: U � CITY OF POWAY
By: ,�Q��� �—
She a R. Cobian, CMC
City Clerk