Grant of Water Easement 2014-0548592APN: 317 - 130 -56, 317. 130 -57, 317 - 130-61
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)
Lowe's Home Centers, LLC, a North Carolina limited liability company (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
D o C ## 2014-0548592
11111111111111 11M 11111111111 Vil 111111111111
DEC 12, 2014 10:00 AM
OFFICIAL RECORDS
RECORDING REQUESTED BY:
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
CITY OF POWAY
FEES: 0.00
OC: NA
WHEN RECORDED MAIL TO:
PAGES; 12
CITY CLERK
1,�6
CIY OF POWAY
111111 VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIIIIIIIIIII
BOX
"�
POWAY CA 92074
(This space for Recorder's Use)
APN: 317 - 130 -56, 317. 130 -57, 317 - 130-61
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)
Lowe's Home Centers, LLC, a North Carolina limited liability company (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 / APNs: 317- 130 -56, 317 - 130 -57, 317 - 130 -61
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 K
any arbitration proceeding, administrative proceeding, or Itigation 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 —iX day of
2014.
OWNER: Lowe's Home Centers, LLC
By: f/ 1 Date:
ry E. att
Its: Senior Vice President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Morga oley, City Attorney
M \Engserv\Land Development Proiects\20131STI 13 -001 Lowes \Water Easement. Docz
STATE OF NORTH CAROLINA )
) ss
COUNTY OF WILKES )
This Z day of —AN , 2014, personally came before me
Anary f. H/vo#} , who being by me duly sworn, says that he is
6r. Wrp Ree0ent of LOWE'S HOME CENTERS, LLC, and that said
instrument was signed on behalf of said corporation by its authority duly given, and he
acknowledged said instrument to be the free act and deed of said corporation.
Witness my hand and official seal this Z day of " 2014.
My commission expires: —P . Dm.s�Ps�
Notary Public
Printed Name: Timm P. Braf,eld
Tanya C. Benfield
Notary Public [NOTARY SEAL]
Surry County, NC
Commission Expires October 9, 2016
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APNs: 317 - 130 -56, 317 - 130-57 and 317 - 130-61
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: " , a019 from
Lowe's Home Centers, LLC, a North Carolina limited liability company, (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: "zn\ *j, G, wq CITY OF POWAY
Seal: By: -41 4 , (k l L, n-
She n, CIVIC, City Clerk
EXHIBIT "A"
ALL THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 12797, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8,
1983 AS INSTRUMENT NO. 83- 232650 OF OFFICIAL RECORDS, AND PARCEL 1
OF PARCEL MAP NO. 13608, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY DECEMBER 24, 1984 AS INSTRUMENT
NO. 84- 477942 OF OFFICIAL RECORDS, BOTH MAPS BEING IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT
"B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
PARCEL A
A 20.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF
SAID PARCEL MAP 12797, SAID POINT LYING ON THE NORTHERLY 50.00
FOOT RIGHT -OF -WAY OF POWAY ROAD; THENCE SOUTH 88 °42'02" EAST
(SOUTH 88 °42'38" EAST PER PM12797) A DISTANCE OF 234.68 FEET;
THENCE LEAVING SAID RIGHT -OF -WAY NORTH 01017'58" EAST A DISTANCE
OF 20.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 01 017'58" EAST A DISTANCE OF 14.86 FEET;
THENCE NORTH 04 055'47" EAST A DISTANCE OF 27.97 FEET TO A POINT
HENCEFORTH REFERRED TO AS POINT "A ";
THENCE CONTINUING NORTH 04 055'47" EAST A DISTANCE OF 6.08 FEET TO
A POINT HENCEFORTH REFERRED TO AS POINT "B ";
THENCE CONTINUING NORTH 04 055'47" EAST A DISTANCE OF 275.19 FEET;
THENCE NORTH 85004'13" WEST A DISTANCE OF 59.79 FEET;
THENCE SOUTH 49 055'47" WEST A DISTANCE OF 6.25 FEET;
THENCE NORTH 85004'13" WEST A DISTANCE OF 14.44 FEET TO A POINT
HENCEFORTH REFERRED TO AS POINT "C ";
THENCE CONTINUING NORTH 85004'13" WEST A DISTANCE OF 99.36 FEET;
THENCE NORTH 40004'13" WEST A DISTANCE OF 28.28 FEET;
Sheet 1 of 6
THENCE NORTH 04 055'47" EAST A DISTANCE OF 10.79 FEET TO A POINT
HENCEFORTH REFERRED TO AS POINT "D";
THENCE CONTINUING NORTH 04 055'47" EAST A DISTANCE OF 146.32 FEET
TO A POINT HENCEFORTH REFERRED TO AS POINT "E ";
THENCE CONTINUING NORTH 04 055'47" EAST A DISTANCE OF 134.42 FEET;
THENCE NORTH 49 055'47" EAST A DISTANCE OF 115.81 FEET;
THENCE SOUTH 85004'13" EAST A DISTANCE OF 20.77 FEET TO A POINT
HENCEFORTH REFERRED TO AS POINT "F";
THENCE CONTINUING SOUTH 85004'13" EAST A DISTANCE OF 287.85 FEET
TO A POINT HENCEFORTH REFERRED TO AS POINT "G ";
THENCE CONTINUING SOUTH 85004'13" EAST A DISTANCE OF 156.93 FEET;
THENCE SOUTH 40004'13" EAST A DISTANCE OF 30.23 FEET;
THENCE SOUTH 02 033'14" WEST A DISTANCE OF 171.51 FEET TO A POINT
HENCEFORTH REFERRED TO AS POINT "H";
THENCE CONTINUING SOUTH 02 033'14" WEST A DISTANCE OF 126.78 FEET
TO A POINT HENCEFORTH REFERRED TO AS POINT' P';
THENCE CONTINUING SOUTH 02033'14" WEST A DISTANCE OF 49.54 FEET;
THENCE SOUTH 48 035'31" WEST A DISTANCE OF 27.76 FEET;
THENCE NORTH 85004'13" WEST A DISTANCE OF 132.79 FEET TO A POINT
HENCEFORTH REFERRED TO AS POINT "J ";
THENCE CONTINUING NORTH 85004'13" WEST A DISTANCE OF 233.27 FEET
TO THE END THEREOF.
Sheet 2 of 6
PARCEL B
A 20.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "A "; THENCE NORTH 85004'13" WEST A DISTANCE OF
50.00 FEET TO THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE EASTERLY ALONG THE WESTERLY SIDELINE
OF PARCEL A.
PARCEL C
A 20.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT `B "; THENCE SOUTH 85'04'13" EAST A DISTANCE OF
18.00 FEET TO THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE WESTERLY ALONG THE EASTERLY SIDELINE
OF PARCEL A.
PARCEL D
A 10.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "C"; THENCE SOUTH 04 °55'47" WEST A DISTANCE OF
18.00 FEET TO THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE NORTHERLY ALONG THE SOUTHERLY
SIDELINE OF PARCEL A.
Sheet 3 of 6
PARCEL E
A 20.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "W'; THENCE NORTH 85'04'13" WEST A DISTANCE OF
34.00 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL I OF SAID
PARCEL MAP 12797.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE EASTERLY ALONG THE WESTERLY SIDELINE
OF PARCEL A AND WESTERLY ALONG THE WESTERLY BOUNDARY OF SAID
PARCEL I OF SAID PARCEL MAP 12797.
PARCEL F
A 10.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "E "; THENCE NORTH 85'04'13" WEST A DISTANCE OF
13.73 FEET;
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE EASTERLY ALONG THE WESTERLY SIDELINE
OF PARCEL A.
PARCEL G
A 10.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "F'; THENCE NORTH 04 °55'47" EAST A DISTANCE OF
17.00 FEET TO THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE SOUTHERLY ALONG THE NORTHERLY
SIDELINE OF PARCEL A.
Sheet 4 of 6
PARCEL H
A 10.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "G'; THENCE NORTH 04 °55'47" EAST A DISTANCE OF
17.00 FEET TO THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE SOUTHERLY ALONG THE NORTHERLY
SIDELINE OF PARCEL A.
PARCEL I
A 10.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "H "; THENCE NORTH 87 °38'08" WEST A DISTANCE OF
25.15 FEET; THENCE NORTH 42 °35'08" WEST A DISTANCE OF 16.65 FEET TO
THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE EASTERLY ALONG THE WESTERLY SIDELINE
OF PARCEL A.
PARCEL J
A 20.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "I "; THENCE SOUTH 87 °26'46" EAST A DISTANCE OF
50.00 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 1 OF SAID
PARCEL MAP NO. 13608.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE WESTERLY ALONG THE EASTERLY SIDELINE
OF PARCEL A AND EASTERLY ALONG THE EASTERLY BOUNDARY OF SAID
PARCEL 1 OF SAID PARCEL MAP NO. 13608.
Sheet 5 of 6
PARCEL K
A 15.00 FOOT WIDE EASEMENT, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS;
BEGINNING AT POINT "J "; THENCE SOUTH 04 °55'47" WEST A DISTANCE OF
18.00 FEET TO THE END THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE NORTHERLY ALONG THE SOUTHERLY
SIDELINE OF PARCEL A.
Sheet 6 of 6
EXHIBIT "B"
SHEET I OF 2
WATER EASEMENT
LEGEND
SCALE. I " =100"
PORTION 9ESCR180
_
[28 PARCEL 2
BY LEGAL
fL 14
S85 04'Lj E 2B7 B5' —
— L2B — — — —
- - _
L15 [16
POINT F'
-
�\�
_
PARCEL C"
� p
PANT C' I
PARCEL ;4 ti
PARCEL
I
PARCEL
MAP 13608 I
PARCEL :4
I
POINT R'' L 17
127 I PARCEL
;4' I
PARCEL %' I I
I
P
�
c29
I
POINT E'
—
PARCEL
I
L JXO
200' QQ� I
I
I
200'
z/ PO /NT D'
PONT C' I
PO /NT %' L 18
I
C,
I PARCEL E'
PARCEL D' I
PARCEL ✓
I
L
L98
17 PARCEL A'
I
L31
5
PANT ✓'
I -
L22
PARCEL W' 19
L6
L92 L70
q
I
I200'
QP�
I
!^
I PARCEL ii'
PARCEL 1 I
I POINT i1 '
I
POINT 9'
I PARCEL '
I
PARCEL 'C'
NOTE
SEE SHEET 2 I
L2
L 4I L24 I
FOR DIMENSIONS
%6 42 3B %1 PER PA112797)
.SBB 42 02 E 234.6B_
O O
h
L I TRUE POINT OF BEGINNING
Q
h
o
�
- -
POINT OF
-
POWAY ROAD
COMMENCEMENT
EXHIBIT "B„
SHEET 2 OF 7
WATER EASEMENT
DATA
TABLE
-----------------------------
1W.
aFARLAC
LEAD N
-----------------------------
LI
AVI'17' E
20.00'
L2
AVI'17'59"E
14.86'
LJ
AV45547E
1797'
L4
A04 05547"E
6.08'
L5
A65 04'1J"JY
59.79'
L6
S49 55'47 if
6.25'
L7
A65 04'1J"JY
14.44"
18
A65 04 VJ "lY
99. J6,
L9
N4004 '1J01Y
28.28'
L 10
A04 '5547"T
10. 79'
L11
A04 55 "47 —
146. J2 '
L 12
A04 '5547"t-
IJ4. 42 "
L IJ
N49 55 '47 E
115.81 "
L 14
585 04 "JJ E
10. 77"
L 15
S85 04 'U "F
155.9) "
L 16
S40 04 "IJ E
J0. 21
L 17
S02'JJ "14 %Y
171.51 "
118
502'JJ'14 IN
126.78'
L 19
S02'JJ'147Y
49.54'
L20
S48 'J5 JI %Y
27. 76'
L21
A65'04'IJlY
1J2.79"
L22
A65 04 "IJ Ir
2JJ.27'
L2J
A185 04 VJ "N
50.00'
L24
S85104 'IJ EE
18.00"
L25
504 55'47 IN
18.00 "
L26
A65 004 VJ "0'
J4.00'
L27
A85 04 "1JlY
1J. 7J'
L28
A04 55 47 E
17.00'
L29
A67 'JB '08 JY
25. 15 '
LJO
N42'J5 '08 %Y
16.65'
L JI
587 26 '46 E
50. 00 '
LJ2
504 55'477#
18.00'
�cQ SAND
v hael D. Levin 4p
�. No. 6896
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