Grant of Water Easement 2014-0350211l
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
/'
CITY CLERK
lU 1"
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
D 0 C # 2014-0350211
III I IIII III II II IIIII IIIII II II I IIIII II I II IIIII III II
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
PAGES: 6
)ace for Recorder's Use
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)
Robert J. Hans (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
determine in its sole discretion from time to time without paying any additional compensation to
Grant of Water Easement / APN: 321 - 230 -87
Page 2
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 WI ESS WHEREOF, the GRANTOR has executed this Easement this day of
7 11 -% 12014.
OWNER: Robert J. Hans
M
Robert J. Hans
Approved as to Form:
Office of the City Attorney
Date: V ` 6 / Lf
(Signature Must Be Notarized)
Date: 14- `NLd
Mor L. F ley, City ttorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of �ij/1/ L /E�i� /% /�' I
On ,l�S% Z�/ before me, AXZ Z/f /y� N/l y�G1&4 Dab Here Insert Nam ane I Me M Me Officer
personally appeared �Ptgt?�T 'J
who proved to me on the basis of satisfactory evidence to
be the person(okwhose name* is/a,*subscribed to the
within instrument and acknowledged to me that
he /s)JeA4y executed the same in his(NrAbXir authorized
capacity(i*, and that by histh)kAh)ir signature( ,on the
PHYLLIS SHINN instrument the person(, or the entity upon behalf of
%My Commission N 1956215 which the person(4acted, executed the instrument.
i Notary Public - California Z2 San Diego County
Comm. Ex Tres Noy 9, 2015 r 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand nd official seal.
Signature
Place Notary Seal Above Signature a Notary Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
f- VP G/AT2 E•�}S� /tle
67 ZQ� Number of Pages:
Capacity(les) Claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate Officer — Titte(s): —
El Partner —❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Signers Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT
THUMBPRINT
OF SIGNER
C2007 Natlenal Notary Association- 9350 De Soto Am., P.O.8ix 2Q2•Chaes crM, CA 9131 &2002•w .Natonafttaryorg Item #5907 Reorder. Cal TMFRee 1- 8008766
Grant of Water Easement / APN: 321- 230 -87
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 321 - 230 -87
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:(�A2 f).+ (- ,'101y from
Robert J. Hans, (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 t CITY OF POWAY
Seal:
By: M 12 ( or), T 1, ` 0L_
SHella R. Cobian, CIVIC, City Clerk
s',Engsery \Land Development ProlectsQ013\W113 -005 Howell Water\Hans Water Easement.Docx
EXHIBIT `A'
WATER EASEMENT
APN 321- 230 -87
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 11091, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 12,
1981 AS FILE No. 81- 076126 OF OFFICIAL RECORDS, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN THE
FOLLOWING DESCRIBED LAND:
AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP No.
11091; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1. SOUTH
88 °34'00" EAST (NORTH 88 °34'53" WEST PER PM 1 1091) 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 1,701.17 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:
a y
Frederick R. LePage, PL9 7524 * N `"
.�_ 0.7524 _
EXHIBIT 'B'
WATER EASEMENT PLAT
APNo. 321- 230 -87
EXISTING 60'
WIDE PRIVATE
I
I
I3
WATER
EASEMENT
ROAD EASEMENT
RECORDED
S00 °07'42 "W
-0
[�
AREA
= 1.701.17 SO. FT.
L4
N01.26'00 "E
I
I
S88 °34'00'E
14.00
L6
3/05/1972 IN
FILE /PAGE
L7
cu
201.26'
No. 72 -61536
O.R.
CD
I
APN
32/-
230 -65
APN 321- 230 -82
,
,m
S E
1/ 4
OF SE 1/ 4 OF
PARCEL 1 PM 1656 '
�I
I�I
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—�—
L4
m _I
-_ L6-J---------------------------
EXISTING 30' WIDE I.O.D. TO
—�I THE COUNTY OF SAN DIEGO
FOR ROADWAY PURPOSES
RECORDED 5/23/1973 IN DOC.
No. 73- 139916 O.R.
PAR 1 & 2 PM1656
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 1
EXISTING 30' WIDE PUBLIC
UTILITY EASEMENT RECORDED
6/17/2004 IN DOC.
No. 2004-0567544 O.R. - - - - - --
1 L2
--± - - - - - - - -
n TWINPEAKS
LLLJJJ \
PM 1 1 09 1
WATER EASEMENT -
IN A PORTION OF PARCEL 1
OF PARCEL MAP NO. 11091
--
-----------------------------
r
N
n
n o
n
mmlr
Z
0
SEC 6
m n �
�vs
mm
EASEMENT DATA
NO.
D
L1
Z
85.06'
L2
S00 °07'42 "W
0
Z
L3
N88 °34'00 "W
300.77'
n
n o
n
mmlr
Z
0
SEC 6
m n �
�vs
mm
T 1 4 S R 1 W S B M
n BASIS OF BEARINGS
0 o IS THE CENTERLINE OF
PEBBLE CANYON DRIVE PER
RECORD OF SURVEY No. 21395
0
m
DIMENSIONS LAND SURVEYING & MAPPING
P.O. BOX 2796 RAMONA. CA 92065
PH 760 525 -1975 fleDoge @cox.net
PLACE
\ NO. 7524
DATE: 6/7/14
SCALE. 1" = 60'
BY: FRL
SHEET I OF I
EASEMENT DATA
NO.
L1
588 °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
S88 °34'00'E
14.00
L6
SO1.26'00 "W
13.00'
L7
S88'34'00 "E
201.26'
T 1 4 S R 1 W S B M
n BASIS OF BEARINGS
0 o IS THE CENTERLINE OF
PEBBLE CANYON DRIVE PER
RECORD OF SURVEY No. 21395
0
m
DIMENSIONS LAND SURVEYING & MAPPING
P.O. BOX 2796 RAMONA. CA 92065
PH 760 525 -1975 fleDoge @cox.net
PLACE
\ NO. 7524
DATE: 6/7/14
SCALE. 1" = 60'
BY: FRL
SHEET I OF I