Grant of Easement Water Lines & Appurtenances 2003-1500559RECORDING,REQUE *D BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O.. BOX 789
POWAY CA 92074
, _ No transfer tax due
(p Tax Parcel No. 314 -710 -3
DOC ? 2003 - 1500559
DEC 23v 2003 E3.-24 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, MINTY RECORDER
FEES: 0.00
OC: NA
for Recorder's
DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801 -01 -447 '
Ronald M. Stephens and Judith G. Stephens, husband and wife,as Community Property
( hereinafter "GRANTOR ") hereby grants to CITY OF POWAY'(hereinafter "GRANTEE "),
its successors, or assigns, the following described easement-for a right -of -way, in, upon,
over, under and across the lands described in Exhibit `A;" and depicted in Exhibit "B," to
erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines
for any and all purposes, together 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 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 County of SAN DIEGO, State
of California, and is more particularly described as follows, to wit:
Being a portion of Lot 11.ofCity of Poway Parcel Map 15808, recorded in
the office of °the County Recorder, San Diego - County, 'State of California,
September 21, 1989.
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.
GRANTORS, 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 addition compensation.
GRANTOR agrees. that,9 other easement or easements shore 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
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 W REOF, the GRAN TO has exe d this Easement this /'7� day
of , 2003.
Ronald M. Stephens
0 0
EA 03 -09
WATER EASEMENT
WE 801 -01 -447
EXHIBIT "A"
Being a portion of Lot I 1 of City of Poway Parcel Map 15808, recorded in the office of the County
Recorder, San Diego County, State of California, September 21, 1989, more particularly described as
follows:
An Easement, for the purpose of public water, 20 feet in width, being 10.00 feet measured at right angles,
on each side of the following described line:
Beginning at the most northeasterly point on the southeast line of said Lot 11, said line having a bearing
and distance of North 5102915311 East, 481.99', as shown on said Parcel Map 15808; thence along said line
South 51 °29'53" West, 405.42' to the True Point of Beginning: thence North 38 030107 "West, 34.18;
thence North 02 °02'06" East, 21.09'; thence North 42 °34'19" East, 82.98; thence North 47 °25'41" West,
23.50'.
Side lines of said easement parcels to be extended or shortened to meet at angle points and property lines.
Easement is more particularly shown in Exhibit "B ", attached hereto and by this reference made part
hereof.
3/, Zoot.
LS7133
EXP. 12/31/06
10
0
CrrY OF POWAY �` I OF 2
WATER EASEMENT PLAT
WE 801 -01 -447
EXHIBIT B
ti
AIO SCALE
BOUNDARY LINE AND CURVE TABLE
NUMBER
RADIUS
DELTA ANGLE
ARC LENGTH
BEARING
DISTANCE
1❑
1050'
01. 43'39"
31.66'
F21
N27'31'00 "E
36.89'
F31
N06'02'00 "W
70.00'
4
25.00'
88'13'22"
38.49'
INDICATES LOT LINE
F------1 INDICATES 20' WATER EASEMENT,
L - - - -J DEDICATED HEREON. c,'r
®INDICATES EXISTING 20' WATER EASEMENT, a. :E LS7133
PER PARCEL MAP 15808.
EXP. 12/31/06 1p NOTES:
AA EXST. 20' WATER EASEMENT PER P.M. 15808
EXISTING IRREVOCABLE OFFER TO DEDICATE VEHICULAR ACCESS RIGHTS PER
DOC. RECORDED 6/30/89 PER F/P 89- 349695, OFFICIAL RECORDS.
EXISTING EASEMENT TO PACIFIC BELL PER F/P 87- 618521 RECORDED 11/03/87
HAS NO SPECIFIC LOCATION SET FOR IN DEED AND CANNOT BE PLOTTED.
LEGAL DESCRIPTION:
A PORTION OF LOT 11, CITY OF POWAY PARCEL MAP 15808,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER,
SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON SEPT. 21, 1989.
t�
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{
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' 9 5,31
SEE SHEET 1 OF 2 FOR /
BOUNDARY LINE AND O<
CURVE DATA.
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WATER EASEMENT LINE TABLE
0
CITY OF POWAY
WATER EASB RENT PLAT
WE 801 -01 -447
EXFMNT B
�r
/46111
7� A;
r4 �)\j •`'1' ROB.
NUMBER
DIRECTION
DISTANCE
Lt
N38'30'07 "W
34.18'
L2
NO2'02'06 "E
21.09'
L3
N42'34'19 "E
82.98'
L4
N47'25'41 "W
23.50'
SHEET 2 OF 2
Z�6. `2L NO SCALE
O c''Q F
a \ �0
kn
WATER EASEMENT DETAIL
No Scale
OWNER: RONALD M. STEPHENS and JUDITH G. STEPHENS, husband and wife as Community Property RAT NO
APPLICANT: RONALD M. STEPHENS and JUDITH G. STEPHENS, husband and wife as Community Properly �A/�I..pM/y� E�R�J�,�
APN: 314 - 710 -35 WE ONE- /E —"Yf7
MAP PREPARED BY: THOMPSON LAND SURVEYS 2615 RRE MOUNTAIN DRIVE, OCEANSIDE, CA. 92054
MICHAEL S. THOMPSON LS. 7133 PHONE (760) 721 -1849
• •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
CC-- ss.
County of �7 / L�'i -i-i U
On UC- - c• N
Date
personally appeared
0003 before me,
❑ personally known to me
roved to me on the basis of satisfactory
evidence
to be the person) whose name fs5 is /are-
subscribed to the within instru ent and
acknowledged to me that he /shekhey executed
the same in his /herit authorized
capacity(' and that by his /herflheir-
signaturen the instrument the person V. or
the entity upon behalf of which the person
acted, executed the instrument.
WITN S y.h n and offi ial s al.
Gam'
Synatuoe of NMD, Public
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Document Date: � E L Z, �w % C Number �of,Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer— Title(s):
❑ Partner — 11 Limited ❑General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary 0. iabon • 9350 De Soto Ave.. P.O. Box 2402 • CbaeS rth. CA 91313 -2402 • wuw,naliorelrwtarynrg Prod No 590] Reorcor. Call TAI-Free 1 -8008] &882]
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of G�i 'I J oYYI tr
County of SUn Cat C.9 k3
On _I 9 D ec . 06 before me, .5&H Cr t 7--h S H Fl fl 7' d 1 ��� L l c
2
Date Name ano.l ire of Officer (e.g., "Jena Doe, Notary Public')
personally appeared U D I' T H S iC P H /e I g
Nemels) of Signerls)
❑ personally known to me – OR – �efroved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument
and acknowledged,to me that he /she /they executed the .
same in his/her /their authorized capacity(ies) „and that by
his /her /their- signature(s) on the instrument Ithe person(s),
or the entity `upontbehalf of which the person(s) acted,
IAR executed the instrument.
_ Ceng *don * 14MO
NoWMillo`c WITNESS my hand and official seal.
simmPcoil Noll
mycommopm
Signature of Notary . Public
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Description of Attached Document
Title or Type of Document:
Document bate: Number of Pages:
Signer(s) Other Than Named Aboye:
Capacity(ies) Claimed by Signer(s)
Signer's
Vindividual.
(] Corporate Officer
Title(s):
❑ Partner 11 Limited ❑General
O Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF. SIGNER.
Signer's Name:
F■
In
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney- imFact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER _
0 1995 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorber Call Toll-Free 1. 800. 876.6827
E
0
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: December 12. 2003 from Ronald M. Stephens and Judith G.
Stephens, husband and wife as Community Property, 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, and the Grantee
consents to recordation thereof by its duly authorized officer.
Dated: December 18, 2003 CITY OF POWAY
B:
Lori nne Peoples, City CI rk