Grant of Water Easement 2014-0350210OAne
N-�
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DO C# 2014-0350210
III I IIII III I IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIIII IIII IIII
AUG 14, 2014 3:38 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J_ Dronenburg, Jr., COUNTY RECORDER
FEES 0.00
OC NA
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)
PAGES: 6
Dace for Recorder's Use
Lee Family Bypass Trust created LTD 5/25/1990 (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:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A ", AND PLAT EXHIBIT "B"
MADE A PART HEREOF)
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
Grant of Water Easement / APN: 321 - 230 -82
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 that exist 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 �1-TjNES�S WHEREOF, the GRANTOR has executed this Easement this o��day of
���� 2014.
OWNER: Lee Family Bypass Trust created UTD 5/25/1990
By: Date: 7 u jDJ`t
et Grace Lee, Trustee
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date: wJInL't k4
Morga L. oley City A torney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California /)
County of �f%/1� LI E4 I
e
On .�u c y 2 2, 2 l before me, �C-
Date /� / Here Insert ame end TPoe of the 11,
personally appeared /t/ET //�'q'
Neme(a) or Slgnerts)
rA PHYLLIS SHINN
Commistion at 1956215
Notary Public - California =
San Diego County
Comm. Ez ires Nov 9. 2015 r
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(} whose nameN is/aX subscribed to the
within instrument and acknowledged to me that
1* /she/t* executed the same in Vs/her/th)Ar authorized
capacity(io), and that by tp6/her/t* signature(, on the
instrument the person(,, or the entity upon behalf of
which the person94 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my handgpd official seal.
Signature
Signature of Notary PuNto
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 reattachment of this form to another document.
Description of Attached
Title or Type of Document: �Z(Alvl v WiY -7 cfC �%G /�jr' '
Document Date: Jkl Z Zr 20% Number of Pages: S
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
• Guardian or Conservator
• Other:
Signer Is Representing:
Signer's Nar
❑ Individual
• Corporate Officer — THIe(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
a
Grant of Water Easement / APN: 321 - 230 -82
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 321 - 230 -82
This is to certify that the interest in real property located in the City of Poway conveyed by the
Grant of Easement described in the attached document dated: from
Lee Family Bypass Trust created UTD 5/25/1990, (Grantor), to e 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�A" � CITY OF POWAY
Seal:
By: &0Q L'4� ,l rf)x r
heilS - a R. Cobian, MC, City Clerk
M �Engser0l -and Development Projects \2013\WI13 -005 Howell Water \Lee Water Easement. Docx
EXHIBIT `A'
WATER EASEMENT
APN 321 - 230 -82
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 1656, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20,
1973 AS FILE No. 73- 169603 OF OFFICIAL RECORDS, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN THE
FOLLOWING DESCRIBED LAND:
:�iJ±ll7IZINC1oLiim Z16 dllmmahlC.a
11091; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1. SOUTH
88 °34'00" EAST (NORTH 88 °34'53" WEST PER PM 11091) 85.06 FEET TO THE
NORTHWESTERLY CORNER OF AN EXISTING 30 FOOT WIDE PUBLIC UTILITY
EASEMENT GRANTED TO THE CITY OF POWAY ON JUNE 17, 2004 AS DOC. No.
2004 - 0567544 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE
OF SAID PUBLIC UTILITY EASEMENT, SOUTH 00 °07'42" WEST 20.01 FEET TO
AN INTERSECTION WITH A LINE LYING 20.00 FEET, SOUTHERLY OF AND
PARALLEL WITH, THE NORTHERLY LINES OF: PARCEL 1 OF PARCEL MAP No.
11091 AND PARCELS 1 AND 2 OF PARCEL MAP No. 1656; THENCE LEAVING
SAID WESTERLY LINE AND PARALLEL WITH SAID NORTHERLY LINES,
NORTH 88 °34'00" WEST (NORTH 88 °34'53" WEST PER PM 11091) 300.77 FEET;
THENCE NORTH 01026'00" EAST 33.00 FEET; THENCE SOUTH 88 °34'00" EAST
14.00 FEET; THENCE SOUTH 01 °26'00" WEST 13.00 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP No. 1656;
THENCE ALONG THE NORTHERLY LINE OF PARCELS 1 AND 2 OF SAID
PARCEL MAP No. 1656, SOUTH 88 °34'00" EAST 201.26 FEET TO THE POINT OF
BEGINNING.
CONTAINS 2,309.34 SQ. FT. MORE OR LESS
THE BASIS OF BEARINGS IS THE CENTERLINE OF PEBBLE CANYON DRIVE
PER RECORD OF SURVEY No. 21395. i.e. SOUTH 88 °34'00" EAST
PREPARED BY:
x yeete 6���1
Frederick R. LePage, PITS 7524
EXHIBIT 'B'
WATER EASEMENT PLAT
APN 321- 230 -82
EXISTING 60' WIDE PRIVATE ( ® WATER EASEMENT
ROAD EASEMENT RECORDED m I AREA = 2.309.34 SO. FT.
3/05/1972 IN FILE /PAGE I pmp APN 321- 230 -65
No. 72 -61536 O.R. r
APN 321- 230 -82 30' 30' I S E 1/ 4 OF S E 1/ 4 OF
PARCEL 1 PM 1656
-- - - - - - - - -
�
EXISTING 110' WIDE SAN DIEGO
COUNTY WATER AUTHORITY
UTILITY EASEMENT RECORDED
11/17/1949 IN BK 3389 PG 316 O.R.
AND 12/19/1997 AS DOC. No.
1997- 646794 O.R. I
APN 321- 230 -83 iw
PARCEL 2 PM 1656
EXISTING 30' WIDE I.O.D. TO
THE COUNTY OF SAN DIEGO
FOR ROADWAY PURPOSES
RECORDED 11/26/1980 IN DOC. �_
No. 80- 400869 O.R.
PAR 1 PM 11091 APN 321- 230 -87
PARCEL i I
EXISTING 30' WIDE PUBLIC J
UTILITY EASEMENT RECORDED — — —�
6/17/2004 IN DOC.
No. 2004- 0567544 O.R. - - - - - - - - - --
1 L2
o _j __ _ _____
ur I( TWIN -- -PEAKS
K LLJJ \
PM 1 1 0 9 1 I
WATER EASEMENT -
IN A PORTION OF PARCEL 1
OF PARCEL MAP No. 1656
L4
r
u,
L6
-- -- - - - - - - - - - - - - - - - - - - - - - - - - - -
EXISTING 30' WIDE I.O.D. TO
1 THE COUNTY OF SAN DIEGO
I� FOR ROADWAY PURPOSES
RECORDED 5/23/1973 IN DOC.
No. 73- 139916 O.R.
PAR 1 8 2 PM1656
J
-- I -------------------------
:0 v
EASEMENT DATA
n
L1
z
z
85.06'
L2
S00 °07'42 "W
20.01'
L3
z
z
300.77'
:0 v
EASEMENT DATA
NO.
L1
S88 °34'00 "E
85.06'
L2
S00 °07'42 "W
20.01'
L3
N88 °34'00 "W
300.77'
L4
N01 °26'00 "E
33.00'
L5
SB8 °34'00 "E
14.00'
L6
501 °26'00 "W
13.00'
L7
S88 °34'00 "E
201.26'
:0 v
a
1 w O
A
mmlr
r� z
o
SEC 6 T 1 4 S R 1 W S B M
z
m
- - --
z
m
BASIS
OF BEARINGS
0 o
IS THE
CENTERLINE OF
- iD "--
-- - -'-
PEBBLE
CANYON DRIVE PER
RECORD
OF SURVEY No. 21395
C2 PLACE
m ONi
DIMENSIONS LAND SURVEYING B MAPPING
P.O. BOX 2796 RAMONA. CA 92065
PH 760 525 -1975 flepageecox.net
DATE:
CALE: 1/7/16
S 0
NO. 7524 / / I BY: FRL
SHEET 1 OF 1