Grant of Water Easement 2013-0621396RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
D 0 C # 2313 - 3621336
OCT 16, 2013 9:38 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
GRANT OF WATER EASEMENT
race for Recorder's Use
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
The Carter Family Trust, (hereinafter "GRANTOR "), hereby grants to the CITY OF POWAY
(hereinafter "GRANTEE "), its successors or assigns, the easement and incidents thereto to erect,
construct, reconstruct, replace, repair, maintain, and use a pipeline and pipelines and
appurtenances thereto, 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:
GRANTOR, its heirs, successors and assigns shall not erector 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, 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.
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.
Easement
Page 2
GRANTEE may at any time increase its use of the easement, change the location of facilities within
the boundaries of the easement right -of -way, or modify the size of 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 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 orinterpret 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.
IN _WITNESS WHEREOF, the ,GRANTOR has executed this Easement this / / day of
;�7n �-7� 2013. —` T—
OWNER: The Carter Family Trust
By: Date: y-v lo r3
Keith A. Carter, Trustee
By: _
enore D. Carter, Trustee
Approved as to Form'
Office of the City Attorney
Date 7 �/ 82 0/
(Signatures Must Be Notarized)
Date:
Morga L. ley, City A orney
M 1EngserOLano Deveiooment Projecis\201 PG 12 -0007 CartefNGRANT DOC Doc
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Sb
On before me, S , k Csi
- (nut insert name and udeofthe � '
personally appeared _
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is(Gsubscribed to
the within instrument and acknowledged to me that he/she/ executed the same in his/her / elm authorized
capacity(ies), and that by his/her/ If Ignature(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 PERMY under the laws of thbState of California that the,foregoing paragraph
is true and correct. a
WITNESS my hand and official.S_eal. S.K. GILL- BROWNELL
00 mm, # 1995561
Notary PubliC- Calilornia
rnthn7W1� (Notary Seal) My r fission ExS NNoE�2016 N
Sigr4wm of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE
� ATTACHED DOCUMENT
o'ba 1 U%a7rn
(Tit! or description of attached document) '
(Tine or description of attached document continued)
Number of Pages I! iVd Document Date % S-r
ae�
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s).
❑
Corporate Officer
- (Title)'
❑
Partnor(s)
❑
. Attomey -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v 12.10.07 800- 817 -9865 www.NotaryClassw.com
INSTRUCTIONS FOR COMPLETING THIS FORM_
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"EXHIBIT A"
THAT PORTION OF LOT 4 OF CITY OF POWAY TRACT NO. 89 -01, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING.
TO MAP THEREOF NO. 12975, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1992, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 4 OF SAID MAP NO.
12975; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, NORTH
59 022'35" WEST I:97 FEET TO THE TRUE PONT OF BEGINNING; THENCE
LEAVING SAID LINE, SOUTH 23 °07'11" WEST 109.79 FEET TO THE
BEGINNING OF A 260:00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 8 °19'38 ", A DISTANCE OF 37.79.
FEET; THENCE SOUTH .31 026'49" WEST 78.63 FEET TO THE BEGINNING OF A
240.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL.
ANGLE OF 19 053'53 ", A..DISTANCE OF 83.35 FEET; THENCE SOUTH 11 °32'56"
WEST 211.78 FEET TO THE BEGINNING OF A 210.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF ;I1 °08'56 ", A DISTANCE
OF 40.86 FEET; THENCE SOUTH 22 041'52" WEST 60.29 FEET TO THE
BEGINNING OF A 140.00. FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,
THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 052'42 ", A
DISTANCE OF 19.25 FEET; THENCE NORTH 67 °10'.14 WEST 25.21 FEET TO
THE BEGINNING OF A NON - TANGENT 165.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY, A. RADIAL LINE TO SAID POINT BEARS NORTH
73 057'39" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 6 047'48 ", A DISTANCE OF 19.57
FEET; THENCE SOUTH 68 054'02" EAST 5.00 FEET; THENCE NORTH 22 041'52"
EAST 59.75 FEET TO THE BEGINNING OF A 190.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 008'56 ", A DISTANCE
OF 36.97 FEET; THENCE NORTH 11032'56" EAST 211.78 FEET TO THE
BEGINNING OF A 260.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE-',OF 19 053'53 ", A DISTANCE OF 90.29 FEET; THENCE NORTH
31026'49" EAST 78.63 FEET TO THE BEGINNING OF A'240.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 019'38 ", A
DISTANCE OF 34.88 FEET; THENCE NORTH 23 °07'11" EAST 112.42 FEET TO
THE NORTHERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHERLY
LINE; SOUTH, 59 °22'35 1" EAST 20.17 FEET TO THE TRUE POINT OF BEGINNING.
Page I of 2
T14E.ABOVE DESCRIBED PARCEL HAS AN AREA.OF 12960 SQUARE FEET
(0.30 ACRES
4 ze&�� —
W. Starlin, RACE -2 723
Page 2 of 2
Mg)DUTD4 INILLARD -S RAN9H
KEY MAP - -- - - - - --
SCALE: 1" =300' 11 /
PROPERTY LINE DATA
EXHIBIT 'B'
SEE DETAIL "A"
�1 (RIGHT)
4
PARCEL B
OF B/A 99 -05
PER DOC N0. 5
1999- 0708733
REC. 10 -21 -1999
APN 321 - 271 -43
PORTION OF
LOT 4
MAP 12975
BEARING
LENGTH
1
S89'29'43 "W
6.72'
2
N59'22'35 "W
78.79'
3
NI9'52'23 "E
419.35'
4
N38'54'01 "W
428.57'
5
N06'47'03 "W
255.00'
6
N32'23'20 "E
336.71'
7
N88'06'25 "E
559.06'
8
543'18'25 "W
532.72'
9
S1 2'34'50 "E
232.49'
1
S11'31'44 "W
388.48'
i l
S19- 21'17 "W
348.48'
EXHIBIT 'B'
SEE DETAIL "A"
�1 (RIGHT)
4
PARCEL B
OF B/A 99 -05
PER DOC N0. 5
1999- 0708733
REC. 10 -21 -1999
APN 321 - 271 -43
PORTION OF
LOT 4
MAP 12975
L
WYNN ENGINEERING, INC.
27315 VALLEY CENTER ROAD, VALLEY CENTER, CA. 92082
(760) 749 -8722 (310) 306 -9728 FAX (760) 749 -9412
WEI JOB NO. 10 -047 CARTER 1 4 -18 -13 1 1 OF 1
MILL-ARDS T. P.O. B.
o L l'
- -- 56.65'
97'
C;1
PROPOSED
WATERLINE
EASEMENT
DETAIL 'A"
SCALE: 1"=100'
PORTION OF \
LOT 4
MAP 12975
APN 321 - 271 -43
CrvIOG°Q4Gz1
GRAPHIC SCALE
0 100 200
RZZ1Trc�
DENOTES AREA OF EASEMENT
12,960 S.F. t
LINE TABLE
LINEI
LENGTH
BEARING
L1
20.17
S59'22'35" E
L2
109.79
523'07'11 "W
L3
78.63
S31'26'49 "W'
L4
211.78'
S11'32'56 "W
L5
60.29
S22'41'52 "W
L6
25.21'
N67 *1O'l4 "W
L7
5.00'
S68'54'02 "E
L8
59.75
N22'41'52 "E
L9
211.78
N1 1'32'56"E
L10
78.63
N31 *26'49" E
Lf4
112.42
N23'07'11 "E
CURVE DATA
NO
I RADIUS
I DELTA
LENGTH
Cl
260.00'
'8'19`38"
•37.79'
C2
240.00'
19'53'53"
83.35'
C3
210.00'
11'08'56"
40'.86'
C4
140.00'
7'52'42"
1 19.25'
C5
165.00'
6'47'48"
19.57'
C6
190.00'
11'08'56"
36.97'
C7
260.00'
19'53'53"
90.29'
C8
240'.00'
8'19'38"
34.88'
L
WYNN ENGINEERING, INC.
27315 VALLEY CENTER ROAD, VALLEY CENTER, CA. 92082
(760) 749 -8722 (310) 306 -9728 FAX (760) 749 -9412
WEI JOB NO. 10 -047 CARTER 1 4 -18 -13 1 1 OF 1
MILL-ARDS T. P.O. B.
o L l'
- -- 56.65'
97'
C;1
PROPOSED
WATERLINE
EASEMENT
DETAIL 'A"
SCALE: 1"=100'
PORTION OF \
LOT 4
MAP 12975
APN 321 - 271 -43
CrvIOG°Q4Gz1
GRAPHIC SCALE
0 100 200
RZZ1Trc�
DENOTES AREA OF EASEMENT
12,960 S.F. t
CERTIFICATE OF ACCEPTANCE
WATER EASEMENT APN 321- 27143
This is to certify that the interest in real property located in the City of Poway conveyed
by thhe� Deed or Grant of Easement described in the attached document dated:
7 - / Z XY from The Carter Family Trust, (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.
Dated: 0'/0"
Seal`.
CITY OF POWAY
By:
She6a R. Cobian, CIVIC, City Clerk