Loading...
Grant of Water Easement 2013-0661844GRANT OF WATER EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) DSP, L.P., a California limited partnership, (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 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, 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. 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 l 3 -DQ2 D O C # 2013-0661844 111111 II I IIII II II IIIII IIIII I I I II II I III I I I IIII RECORDING REQUESTED BY: NOV 06, 2013 12:01 PM OFFICIAL RECORDS CITY OF POWAY SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER AND WHEN RECORDED MAIL TO: FEES: 0.00 OC: NA F jj CITY CLERK PAGES: % (� CITY OF POWAY U � POWAY CA 92074 I (IIIII IIIIIIIIIIIIIII IIII IIIII IIIII IIIII IIII IIIII IIII IIII IIIII IIIII IIIII IIII IIII (This space for Recorder's Use) APN: 317- 280 -74 GRANT OF WATER EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) DSP, L.P., a California limited partnership, (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 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, 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. 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 l 3 -DQ2 Grant of Water Easement / APN: 317 - 280 -74 Page 2 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 at1he 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 or interpret the provisions or performance of this easement, the prevailing paity.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 d day of &-%� , 2013. OWNER' DSP, L.P., a California limited partnership Hil J� m F- P-c At- J EATiuR-E5 T-4�1 r. By' Date: FO /Secretary By: Date: Its: (Signatures Must Be Notarized) Approved as to Form: Office of the City Attorney vVu �LY - I Date: �o �Iv1 L1iL Motga L. Foley, CI�Attorney M 1Enc,eN\Lano Dew�wrneni Poway Weapons Watei'GFRANT DOC Doc CALIFORNIA ALL- PURPOSEI ACKNOWLEDGMENT 912010 State of California 1 County of On t D before me, Data Here learn Name and TUebf the Officer personally appeared G�( Names) of Signeris) CML. CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s)-whose name*) is /are subscribed to the within instrument and acknowledged to me that he /shalihey- executed the same in his/hi authorized capacity(iw,j, and that by L, RIGhiARDSON g his/heh4heir signature(.0 on the instrument the U Comm, s 1aee2TO NOTARY PUBLIC • CALIFORNIA@ p erson �' y u p or the entit on behalf of which the (' .a SAN DIEGO COUNTY 0 person (,$)-acted, executed the instrument. COMM. EXPIRES SEPT: 23, 2016'' 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 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by,Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — L] ,Limited ❑ General Top of thumb here • Attorr in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NationalNolarroo - b 800 -US Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑,Partner -- ❑ Limited ❑ General Top of thumb here ❑•Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -I tom #590] EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL "B" OF CITY OF POWAY BOUNDARY ADJUSTMENT .NO. 96 -09, BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE RECORDED MAY 18, 1998 AS DOC. NO. 1998 - 289014 OF OF FFICIAL_ RECORDS, BEING A; PORTION OF PARCEL 12 OF PARCEL MAP NO. 16700, IN`THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY„ ,DECEMBER 02, 1991, BEING A STRIP OF LAND 20.00 FEET IN 0 WIDTH LYING 10:00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT ,A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "B" DISTANT THEREON SOUTH 88°45'00" WEST 214.48 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL "B "; THENCE LEAVING SAID SOUTHERLY LINE ALONG' SAID CENTERLINE PARALLEL WITH THE EASTERLY LINE OF SAND PARCEL "B" NORTH 01 °15'00 WEST 101.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE GONTINUING NORTH 01 "15!00" WEST 186.00 FEET; THENCE SOUTH 88'45'00" WEST 21.521 FEET TO A POINT OF TERMINATION. ALSO: BEGINNING AT ABOVE`MENTIONED POINT "A "; THENCE SOUTH 88 °45'00 "'WEST 21.52 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL LOT, LINES -AND ANGLE POINTS. LEGAL DESCRIPTION PARCEL "B" OF BOUNDARY - ADJUSTMENT 'CERTIFICATE OF COMPLIANCE BOUNDARY ADJUSTMENT NO. 96 -0% RECORDED MAY 1,8; 1998 AS INSTRUMENT NO., 98- 289014,. OFFICIAL RECORDS APN ::31.7- 280 -74 EXHIBIT EA -13- THE BASIS OF BEARINGS- FOR THIS PLATIS THE EASTERLY LINE OF PARCEL 12 OF PARCEL MAP NO. 16700, I.E. N 01'15'00" W. .@ 1 01 D.SP; L.P. 1000 PIONEER WAY EL;.CAJON, CA 92020 (6,1.9) 4,40 =7424 - REPAREDI B'Y SPEAR & ASSOCIATES, INC 475 PRODUCTION STREET SAN.MARCOS, CA 92078 (760) 736 -2040 ISED BY; I DATE Y: LJ I DATE:, 7/19/13 BY: RS DATE BY: I' DATE EASEMENT NOTES' 0 EASEMENT FOR GENERAL UTILITY PURPOSES AS SHOWN ON MAP NO. 12556. © EASEMENT IN FAVOR OF SDG &E FOR PUBLIC UTILITIES, .INGRESS & EGRESS, REC. 2/13 /1991 AS FILE NO. 1991 - 0068401 OF OFFICIAL RECORDS. ASSIGNMENT `OF EASEMENT TO PACIFIC BELL REC. 4 /13/ 2001, DOC., NO. 2001- 0228423 OF OFFICIAL RECORDS. © EASEMENT GRANTED TO THE CITY OF POWAY FOR PIPELINES, RECI, 3/ 18/ 1998 ,AS FILE NO. 1998 - 0145066 OF OFFICIAL. RECORDS. QD EXISTING EASEMENT IN FAVOR OF RRR INVESTMENTS, LLC, FOR PRIVATE IRRIGATION, REC. 3/ 30/ 1998 AS FILE NO. '1.998-01,72271 OF OFFICIAL RECORDS. QE EXISTING' EASEMENT IN FAVOR -OF RRR INVESTMENTS, LLC, FOR PRIVATE SEWER, REC. 3/ 30/ 1998 AS FILE NO. 1.998- 0172272 OF OFFICIAL RECORDS. EASEMENT FOR ROAD AND UTILITY PURPOSES IN FAVOR OF' POWAY VIEWS, REC. 12/ 12/ 1978, DOC. NO. 1978- 532915 OF OFFICIAL RECORDS. NOT PLOTTABLE 12 -259 CITY OF PO.WAY SCALE: 1 " =60' REF. PLAT TRACING NO. 2 POWAY RD. SITE STO WE DR. DANIELSON ST. C� m SCRIPPS POWAY PK -- KIRKHAM D { RD. COMMUNITY RD. VICINITY MAP NOT TO SCALE T.B.M. PG. 1190, F -6 EASEMENT NOTES' 0 EASEMENT FOR GENERAL UTILITY PURPOSES AS SHOWN ON MAP NO. 12556. © EASEMENT IN FAVOR OF SDG &E FOR PUBLIC UTILITIES, .INGRESS & EGRESS, REC. 2/13 /1991 AS FILE NO. 1991 - 0068401 OF OFFICIAL RECORDS. ASSIGNMENT `OF EASEMENT TO PACIFIC BELL REC. 4 /13/ 2001, DOC., NO. 2001- 0228423 OF OFFICIAL RECORDS. © EASEMENT GRANTED TO THE CITY OF POWAY FOR PIPELINES, RECI, 3/ 18/ 1998 ,AS FILE NO. 1998 - 0145066 OF OFFICIAL. RECORDS. QD EXISTING EASEMENT IN FAVOR OF RRR INVESTMENTS, LLC, FOR PRIVATE IRRIGATION, REC. 3/ 30/ 1998 AS FILE NO. '1.998-01,72271 OF OFFICIAL RECORDS. QE EXISTING' EASEMENT IN FAVOR -OF RRR INVESTMENTS, LLC, FOR PRIVATE SEWER, REC. 3/ 30/ 1998 AS FILE NO. 1.998- 0172272 OF OFFICIAL RECORDS. EASEMENT FOR ROAD AND UTILITY PURPOSES IN FAVOR OF' POWAY VIEWS, REC. 12/ 12/ 1978, DOC. NO. 1978- 532915 OF OFFICIAL RECORDS. NOT PLOTTABLE 12 -259 CITY OF PO.WAY SCALE: 1 " =60' REF. PLAT TRACING NO. 2 I I 'gI n(5 �d dl � LEGEND 0 WATER EASEMENT DESCRIBED HEREON r-� IN lol i i EXHIBIT "B" - - - - - - -- -- -- - -- -- - - -- - - -- 0 ' �w 0 I le�N88'45'00 "E 21.52 P.H. SHEET 2 OF 2 STOWE DRIVE P@E. �g — 20.00' 10.00' 10.00' APN: 317 - 280 -74 PARCEL ' °B" CERTIFICATE OF COMPLIANCE REC. MAY 18, 1998 DOC. NO. 1998 - 289014 O.R. — N88'45'00'E 21.52 POINT "A" P.O.B. 1670T0 ZO co pC�do3 W 00 T.; COR. PCL. "B" a DANIELSON _� o�© STREET _ REVISED BY: DATE CITY OF POWAY SCALE: 1 " =60' DRAWN BY: U DATE: 7/19/13 REF. CHECKED BY: RS DAB TRACING N0. APPROVED BY: DATE WATERLINE EASEMENT PLAT CERTIFICATE OF ACCEPTANCE Grant of Water Easement/ APN: 317 - 280 -74 This is to certify that the interest in real property located in the City of Poway conveyed by the Deed or Grant of Easement described in the attached document dated: ID - 6--2UL 3 from DSP, L.P., a California limited partnership, (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: 1 - 1 - 122 CITY OF POWAY Seal: By: _Sheila R. Cobian, CIVIC, City Clerk