Grant of Easement Water 2013-0484430 ---- �
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RECORDING REQUESTED BY: � AUG 01, ZO�3 11 :19 AM
, OFFICIAL RECORDS
CITY OF POWAY , SAN DIEGO COUNTY RECORDER'S OFFICE
� Emest J. Dmnenburg,Jc,COUNTY RECORDER
� FEES: 0.00
AND WHEN,RECORDED MAIL TO: ) �� NA
�y�n � Y11Z3 PAGES: G
1� CITY OFE OWAY ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
P.O. BOX 789 )
�� POWAY, CA 92074 )
/ (This space for Recorder's use onlv)
�1 APN: 317-130-66-00
GRANT OF EASEMENT
WATER
Wal-Mart (STI12-001)
The undersiqned grantor(s) declares:
Documentary Transter Tax is '$ -0-pursuant to Revenue & Tax Code 11922 (conveyance to a
Government Agency)
Wal-Mart Real Estate Business Trust, a Delawa�e Business 1'rust, (hereinafter "GRANTOR")
hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the
following described easement fora YighY-of-way, in, upon, over, under and across the lands
described in Exhibit "A", depicfed in ExhibiY "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, at such locations and
elevations, upon, along, over and under the right-of-way described in ExhibiY"A" as GRANTEE
may now or hereafter determine' in its sole discretion withouY 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
addition compensation therefor.
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more perticularly 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 6uilding, structure or improvement, or plant�any tree or trees or
plant any other vegetation or flora within said easement witFiout 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,
brush, or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
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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 ofi pipelines
or other facilities within the boundaries of tfie easement right-of-way, or modify the size of
existing pipelines or other imp�ovem"ents as if 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 which exists at the time this
document is executed without obtaining the prior written consent of the GRANTEE.
In the event of any dispute involying 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 easemeni, 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 warranfs and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN IT 1 SS WHEREOF, the GRANTOR has executed this Easement this � day of
, 20�_.
Wal-Mart Real Estate Business TYust
By: �
Its: . lt�.-
(Signatures must be notarized)
Approved as to Form:
Office of the City Attorney
�
Morg L. o y, City Attorney
M:\engserv\ClapplEsmnt\W almart\water.docx
Grant of Water Easement ST112-001 Page 2
11125
STATE OF I )
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COUNTY OF )
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O � �Qjbefore me, Notary Public, in
and for said unty an state, personally ap ared ,
who proved to me on the basis of satisfactory e ence) to be the person(s'f whose
name(,� is�are subscribed to the wiChin instrument and acknowledged to me that
he/ e/t y executed the same in his/la�/eFreir authorized capacity(.ies� and that by
his/t�er/�keirsignature�a�+on the instrument the person�or entity upon behalf of which
the person(s�acYed, executed"the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of���S
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
```���"PNE BENH�����i
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Signa re _ :�O NOTqq�,'s ?
Si n 4uie ofNotary Public � � �B�~ �Cit 3
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G`,�.� OF P0�,9y
CERTIFICATE OF ACCEPTANCE
(Grantof Easement - Water)
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This is to certify that the interest in real property located at 317-130-66-00 in the City of
Poway conveyed by the water easement described in the attached document dated:
January 7, 2013, from Wal-Mart Real Estate Business Trust to the City of Poway, a
political corporation and/or govemmental 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: �I�I�I ��� �D J 3 CITY OF POWAY
Seal: By: ��l" I�� v���'�
�Sheila R. Cobian, CMC, Ciry Clerk
G,,�.� OF pW�y
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�C�'/N THE C�J
Grant of WaterEasement STI12-001 Page 3
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EXHIBIT "A"
WATER EASEMENT DEDICATION
A PORTION OF PARCEL 1 OF PARCEL MAP'16871, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 10, 1992, AT FILE/PAGE NO.
1992-0360834 OF'OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY RECORDER,
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 1,
THENCE ALONG SAID NORTH LINE THE FOLLOWING FIUE COURSES; THENCE
SOUTH 88°32'04"EAST 68.42 FEET; THENCE SOUTH 70°47'26" EAST 52.50; THENCE
SOUTH 88°32'04" EAST 60.00 FEET; THENCE NORTH 73°43'07" EAST 52.49 FEET;
SOUTH 88°32'04" EAST 81.86 FEET TO THE NORTHEAST CORNER OF THE 20.00
FOOT WIDE WATER EASEMENT DEDICATED PER SAID PARCEL MAP; TFiENCE
LEAVING SAID NORTH LINE AND'ALONG SAID EAST LINE SOUTH 01°18'12" WEST
95.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°18'12" WEST
5.74 FEET; THENCE SOUTH 22°22'47" WEST 77.41 FEET; THENCE SOUTH 01°18'12"
WEST 216.49 FEET TO A POINT ON THE EAST LINE OF SAID EASEMENT; THENCE
NORTH 66°11'48" WEST21.65 FEET TO A POINT ON THE WEST LINE OF SAID
EASEMENT; THENCE NORTH 01°18'12" EAST 67.Z0 FEET; THENCE NORI'H
88°41'48" WEST 20.50 FEET; THENCE NORTH 01°18'12" EAST 20.00 FEET; THENCE
SOUTH 88°41'48" EAST20.50 FEET; THENCE NORTH 01°18'12" EAST 124.23 FEET;
THENCE NORTH22°22'47" EAST 77.41 FEET; THENCE NORTH 01°18'12" EAST 2.02
FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT; TFiENCE SOUTH
88°41'48" EAST 20.00 FEET TO THE EAST LINE OF SAID EASENIENT AND THE TRUE
POINT OF BEGINNING.
AREA: 6,316.30 SQ.FT. 0.145 ACRES. `
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PREPARED UNDER THE SUPERVISION OF: � °�/L
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lATE OF CP��
D.K. NASLAND DATE
Pagell
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' • EXHI BI T ��B�� SHEET 1 OF-1 SHEET
POB — — i —
NORTHERLY HILLEARY PLACE 1 i 12�
NORTHWEST
CORNER OF
PARCEL i 588�32'04 f
�— 81.86' —�
` 68.42'�'� �
568�32'04"E S�a�Sp�_ — — 152•49�� — — �—�- —
g�26,. �'60.00� 3043'�� r �'
}� � F S88�32'04"E N� L � 3
Z � EXISTING 20' WIDE —� �o�v
WATER EASEMENT PER��� �^��
� PM 16871 \ :�o
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m ? ° i PARCEL 1 ses�4r4s°E j I �
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u Q � � PM 16871 No��is'�2°E I I TPOB
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e a � I L�'GL'ND 2.02' ^ s.�a•
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'� y..a
� I — — PROPERTY L/NE �� ^ �ti
� I RIGHT OF WAY LINE � ��
I ���m�m� EASEMEN�DED�CA 110N R '
� — � 6,316.30 SQ.FT 0.145 A GRES 20
� W
POINT OF BEGINNING ' �v;.��
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TPOB TRUE POINT OF BEGINNING o N
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S88°41'48°E �
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� ILLEARY PLACE �� s 2
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POWAY ROAD SITE � � .� '� z�.ss'
{'c JO•l$•ZorL z} � � EXISTING 20' WIDE
WAIER EASEMENT PER
UICINo s Y rl7AP ���c���' % PM 16871
JOB N0. 106-054.1
� NASLAND ENGINEERING ��E18D�2 � �
CML ENGINEERINC . SURVEYING • LAND PLANMNG
4710 Ru(Iner Street, Sm Uiego, Celi(oroie, 821tl•858-292-7770