Item 15 - ADDITIONAL MATERIAL Camino del Valle Relief Sewer Easement Purchase _ Limited Distribution: April 15, 2003
CITY OF POWAY
AGENDA REPORT
ADDITIONAL MATERIAL
This report Is included on the Consent Calendar. Them will be no separate discussion of the report pdor to approval by the City Council
unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish
to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk pdor to the beginning
of the City Counclt meeting.
TO: Honorabte Mayor and Members of the City Counc[I
FROM: James L. Bowersox, City Mana.~
INITIATED BY: Niall Fritz, Director of Development Services,,~I~
Javid Siminou, City Engineer ~
J. Bradley Kutzner, Assistant City Engineer~_.,~
H. Roger Frauenfelder, Project Manager(~/ '
DATE: April 15, 2003
SUBJECT: Camino del Valle Relief Sewer Easement Pumhase (#1822)
_ BACKGROUND
As described in the originally submitted report, a 1 O-foot-wide permanent sewer easement from the
owner of 12908 Camino del Valle and two temporary construction easements from the owners of
12908 and 12906 Camino del Valle are required to complete necessary sewer enhancements. The
legal descriptions of the easements were attached to the original report.
FINDINGS
The Grant of Sewer Easement is provided here as Attachment 1. The Grants of Temporary
Construction Easement For Sewer Line Construction to be used for the construction laydown area
are attached as Attachment 2.
RECOMMENDATION
It is recommended that the CityCouncil approve the easements.
Attachments:
Attachment: 1 Grant of Temporary Construction Easement for Sewer Line
Construction
Attachment: 2 Grant of Sewer Easement
JLB:NF:JS:JBK:HRF:jah
M:\Berryrnan and Henigar~Cam Del Valre Sewer Ease 1822~Award Letter 1822\0304015_Add Mat Staff Report
1 of 10 April 15, 2003 Item # I~'
RECORDING REQUESTED BY: )
)
CITY OF POWAY )
)
WHEN RECORDED RETURN TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No. 275-380-3300
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
FOR SEWER LINE CONSTRUCTION
Larry Bdn,qham and Lavonne Brin,qham, (hereinafter "GRANTOR"), hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, a Temporary
Construction Easement and incidents thereto, necessary to facilitate the construction of
the Camino del Valle Relief Sewer, on certain real property in the City of Poway, County
of San Diego, State of California, described as follows:
The northeasterly 5.00 feet of the southwesterly 15.00 feet of Lot 78 of
Valle Verde Estates Unit No. 3, in the City of Poway, County of San Diego,
State of California, according to map thereof No. 4933, filed in the Office
of the County Recorder of San Diego County, March 21, 1962.
Said temporary construction easement in the aforesaid lands is particularly described as
follows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
construct necessary related improvements as part of the proposed construction
process. The GRANTEE accepts liability for the construction activity therein. This
Temporary Construction Easement, as described, shall be valid only until the
construction has been accepted by the GRANTEE. After such time, the Temporary
Construction Easement shall become null and void.
2 of 10 Attachment '1 April 15, 2003 Item
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 will provide a stub-out sewer service connection to the GRANTOR'S garden
workshop. The provision of the new sewer hookup does not imply GRANTEE approval
of future improvements to the workshop. Any future improvements will have to be
permitted by the GRANTEE under established procedure. The GRANTEE will relocate
and replumb the irrigation water storage tank and relocate the stacked firewood from
out of the sewer easement. The GRANTEE will also provide a curb cut for vehicular
entrance at the southerly end of the easement.
GRANTEE may at any time increase its use of the easement, change the location of
pipelines or other facilities within the boundaries of the easement right of way, 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 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 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, 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
~arry ~ghsm ~
3 of 10 April 15, 2003 Item
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S~n ["~ / ss.
On ~v~OJ,'(..~o~{~; ~/-OO'~, before me, ~l~-~N~'~'me~andT~ltle~c?~c~)/'L~-.~l
J Name(si of Signer(s)
[] personally known to me
~.proved to me on the basis of satisfactory
evidence
to be the person~ whose name(~4s/are
subscribed to the within instrument and
acknowledged to me that h.a/~,ha/they executed
the same in t'-~,~ner/t heir authorized
,~ ~,,~N~_~_. _SanDiego County ~ capacity~, and that by ~c,/hc, r/their
~1.---'"~- ......... _/~.._C _c~_ m_.f::~p~re~ Ju~,.~.~ signature~,3n the instrument the persone, or
the entity upon behalf of which the person(~
acted, executed the instrument.
W~,~ESS my hand and official seal.
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 raatfachrnent of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Nam~ed Above:
Capacity(les) Claimed by Signer
Signer's Name: .....
[] Individual
[] Corporate Officer 7Title(s): Top 0f thumb here
[] Partner--[] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
4 of 10 April 15, 2003 Item #.
RECORDING REQUESTED BY: )
)
CITY OF POWAY )
)
WHEN RECORDED RETURN TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Onlv~
Tax Parcel No. 275-380-0600
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
FOR USE AS A CONSTRUCTION LA.YDOWN AREA
.Thomas M. Leef:l and Carmita F. Leea. (hereinafter "GRANTOR"), hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the Temporary
Construction Easement and incidents thereto for a construction equipment and
materials laydown area, which is needed to facilitate the construction of the Camino del
Valle Relief Sewer, on certain real property in the City of Poway, County of San Diego,
State of California, described as follows:
That portion of Lot 79 of Valle Verde Estates Unit No. 3, in the City of
Poway, County of San Diego, State of California, according to map thereof
No. 4933, flied in the Office of the County Recorder of San Diego County,
March 21, 1962, described as follows:
Commencing at the most northerly corner of said Lot 79; thence along the
northeasterly line of said lot, south 40°45'41" east 36.49 feet; thence
leaving said northeasterly line, south 49°14'19`' west 15.00 feet to the
southwesterly line of that certain 15.00 foot sewer easement to Pomerado
County Water District recorded January, 7, 1980 as Instrument No. 80-
004519, of Official Records of said San Diego County; said point also
being the true point of beginning; thence along the southwesterly line of
said sewer easement south 40°45'41" east 85.00 feet; thence leaving said
southwesterly line, south 47057'54'' west 128.93 feet; thence north
14°57'30'' east 156;00 feet to the true point of beginning. Containing an
area of 5,478 square feet, more or less.
Said temporary construction easement in the aforesaid lands is particularly described as
follows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
5 of 10 Ai)ril 15, 2003 Item
The GRANTOR hereby further grants to GRANTEE the dght to temporarily enter and
construct necessary related improvements as part of the proposed construction ,
process. The GRANTEE accepts liability for the construction activity therein. This
Temporary Construction Easement, as described, shall be valid only until the
construction of the new Camino del Valle Relief Sewer has been accepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~_ day of
~ 200~3.
Carm~ta F. Leeg
(signatures must by notarized)
6 of 10 Ar)ril 15, 2003 Item
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
,~ame(s~ of Signer(s)
[] personally known to me
,.~ved to me on the basis of satisfactory
"evidence
to be the person(s) whose name(s)
San Diego Cou??
[
'1--~ "~!~/ MyCe-~m~--~ire~JulS_,2005~_ ~,T ---' .... subscribed to the witl-iin instrument and
j ...... .,; ,~ .... acknowledged to me that he/she(~ executed
the same in his/her/t~ authorized
capacity(les), and that by his/her/~"~'"
signature(s) on the instrument the person(s ,~r
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my ~and and official seal.
OPTIONAL
Though the information below is not requimd by/aw, 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: Number of Pages:
Signer(s) Other Than Nam. ed Above:
Capacity{les) Claimed by Signer
Signer's Name: ......
[] Individual
[] Corporate Officer--Title(s): Top of thumb here
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
7 of 10 April 15, 2003 Item
RECORDING REQUESTED BY: )
)
CITY OF POWAY )
)
WHEN RECORDED RETURN TO: )
)
CITY CLERK )
CiTY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No. 275-380-3300
GRANT OF SEWER EASEMENT
Larry Bringham and Lavonne Brin.qham, (hereinafter"GRaNTOR"), for the sum of
$15,000, hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors,
or assigns, the following described easement for a right of way 10 feet in width, in,
upon, over, under and across the lands described below, to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipelines for sewage
conveyance, together with any required fixtures and appurtenances, at such locations
and elevations, within the right of way described below 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 reute 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 County of San Diego, State of
California, and is more particularly described as follows, to wit:
The southwesterly 10.00 feet of Lot 78 of Valle Verde Estates Unit No. 3,
in the City of Poway, County of San Diego, State of California, according
to map thereof No. 4933, filed in the Office of the County Recorder of San
Diego County, March 21, 1962.
Said easement of right-of-way in the aforesaid lands is particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
GRANTOR, its heirs, successors, and assigns, shall not plant or grow or permit to be
planted or grown, any trees and shall not erect or construct or permit to be erected or
constructed, any building, structure or improvement on, over or under any portion of the
easement.
8 of 10 Attachment 2 AI3ril 15, 2003 Item
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this --~l day of
~.~,.~, 20o3.
vonne t~nngnam L/
(signatures must by notarized)
9 of 10 April 15, 2003 Item
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~/~ ~'~e~O ~ SS.
personally appeared
Name(s) of Signer(s) J
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person~'~ whose name{~-i~are
subscribed to the within instrument and
acknowledged to me that he~'~e/they executed
the same in h!_~/hcr/their authorized
] ~lv~CSe~°nDm~unn~.~ ~ capacity(~, and that by hi./her/their
signature~ on the instrument the person~, or
.......... .~-.,,-,,..J~ the entity upon behalf of which the person~
acted, executed the instrument,
W~,~SS my hand and official seal.
OPTIONAL
Though tho in~ormofion below is not mcloirocl hy Iow, ~t m~¥ prove u~lu~blo to por~ons relying on tho ~oc~mont
8ncl could pmuont ~modulont romovol and roott~chmont et th~s ~orm to ~nothor ~ocomont.
Da$cripfion of Attaehed Doeument
Title or Type of Document:
Document Date: Number of ~ages:
$i~ner(s) Other lhan ~a~ed ^bore:
Capaeity{iea} Claimed by Signer
Signer's blame:
[] Individual
[] Corporate Officer ? Title(s): Top of thumb here
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
E~ Guardian or Conservator
[] Other:
Signer Is Representing:
10 of 10 April 15, 2003 Item #,-, J ~ ,