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Grant of Easement Sewer Lines & Appurtenances 2001-0142304RECORDING REQUES~'-D BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 DOC 2001-0142304 Mac 13, 2001 8:30 AM OFFICIal. I~(~¢,~ ~ DIF.~ ~ REOMIR'S ~CE 3279 .~UNROAD COUNTRY CLUB, LLC, a California limited liability company, for and in easement and right-of-way for ingress, egress, and access across the mai pmpedy situated n the City of Poway, County of San Diego, State of California, described on aEached Exhibit "A" (the Grantor's Pmpe~y") for purposes of allowing the grantee to construct, operate, improve, and maintain underground sewer lines and appuKenances thereto. The foregoing grant is made subject to the following terms, provisions, and conditions, all of which will constitute both conditions as well as covenants running with the land: (a) Grantor agrees to hold and save the Grantee harmless from and against any and all damage to Grantor's Property arising from or relating to the Grantee's use or maintenance of the imp in said right-of-way constructed by Grantee; provide, however, Grantee agrees to pay for any physical damage or damages which may arise or be suffered by or to Grantor's Property through the improper or negligent use or of the improvements in said right-of-way constructed by Grantee; provided, however, Grantee agrees to pay for any physical damage or damages which may arise or be suffered by or to Grantor's Property through the improper or negligent use or maintenance by the Grantee of the easement and right-of-way herein granted (excluding damage to grantor's golf course resulting from Grantee's proper exercise of its rights of ingress and egress hereunder). Grantee agrees that imp : -I by Grantee shall be constructed, operated, and maintained, as far as good engineering practice permits, so as to prevent the emission of noxious, dangerous, or unpleasant gases, odors, or liquids of any kind upon Grantor's Property and so as to prevent any explosions, fires, or other hazardous condit' Is. (b) Grantee agrees to design, construct and maintain its permitted imp so as to provide proper and adequate support, according to generally accepted engineering standards, for any imp which may now exist or may hereafter be constructed on Grantor's Property by the present or subsequent ! the Grantor's Property and any landscaping, grass, or natural plant life located above Grantee's imp (c) Grantee's rights to use the foregoing right-of-way and easement must comply with the following: (i) Grantee's right to use the foregoing right-of-way and easement will extend only to Grantee and its agents, employees, and independent contractors engaged in activities on behalf of Grantee, (ii) to the extent any of improvements can be accessed with the necessary equipment by an improved or unimproved road or path (whether in existence now or in the future), Grantee's rights of ingress, egress, and access to such improvements will be exercised in a ly reasonable manner and in a ~ich will minimize, to the extent y reasonable, the damage to Grantor's Property and the imp and vegetation located thereon, (iv) except in the case of an emergency, Grantee will notify Grantor at least three business days prior to the use of the foregoing easement and right-of-way (and in the case of an emergency, or where the situation at hand will not 'late such three business day notice, Grantee will still use ly reasonable efforts to provide Grantor with reasonable advance notice, either in writing, by fax, or telephonically), and (v) to the extent any such use of the foregoing easement and right- of-way can reasonably be accomplished at times when Grantor's golf course is not operating or when the disturbance to the golf course will be materially minimized, Grantee will perform such work at such times and will reasonably cooperate with Grantor in so scheduling its work. (d) Grantee's rights to use the foregoing right-of-way and easement to construct, operate, and maintain Grantee's imp must comply with the following: (i) Grantee's improvements will be located on/under the Grantor's Property in substantially the locations described and depicted respectively on Exhibit "B" and Exhibit "C" and in accordance with the design, scope, and magnitude shown on the improvement plans for TTM 89-13R, (ii) Grantee will use diligence to minimize the damage to and disruption to the Grantor's golf course and the Grantor's Property from such construction, operation, and maintenance activities, (iii) Grantee must complete the installation of its imp (including, without limitation, the pump station, sewer lines and manholes) within a ly reasonable period of time, (iv) Grantee will notify Grantor of any intended consl ' I ~ in th provided in the preceding paragraph, and (v) Grantor will not materially increase the size of its facilities without providing prior notice to Grantor, and, where such increase may materially and adversely affect Grantor, not without Grantor's prior consent, which consent will not 31y be withheld or delayed. (e) The foregoing easement and right-of-way will continue in perpetuity. (f) This instrument, and Grantee's rights hereunder, may not be assigned or transferred, except to another public agency, without Grantor's prior written consent, which consent may be granted or withheld in G discretion. Each party to this instrument shall execute and deliver all additional and documents and take all actions as may be reasonably required or appropriate to carry out the purposes of this :. 3Z81 - The prevailing party(les) in any litigation, arbitration, mediation, bankruptcy, insolvency, or other proceeding ("Proceeding") relating to the enforcement or interpretation of this : may recover from the I party(les) all costs, expenses, and actual attorneys' fees (including expert witness and other fees and costs) relating to or arising out of (i) the Proceeding (whether or not the Proceeding proceeds to judgment), and (ii) any post-judgment or post-award proceeding including, without limitation, one t lect any judgment or award resulting from the Proceeding. All such judgments and awards shall contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorneys' fees. This l and all documents specifically referred to an executed in with this instrument: (i) contain the entire and final agreement of the parties to this instrument with respect to the subject matter of this instrument, and (ii) supersede all negotiations, letters of intent, offers, stipulations, understandings, agreements, representations, and warranties, if any, with respect to such subject matter, which preced 3any the execution of this instrument. Whenever the context so requires in this instrument, all words used in the singular may include the plural (and vice versa) and the word "person" includes a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate, or any other entity. The terms "includes" and "including" do not imply any limitation. No remedy or election under this instrument is but rather, to the extent permitted by applicable law, each such remedy and election is cumulative with all other remedies at law or in equity. Each notice and other :ion required or permitted to be given under this Agreement ("Notice") must be in writing. Notice is duly given to another party upon: (i) hand delivery to the other party, (ii) receipt by the other party when sent by facsimile (provided, however, the Notice is not effective unless a duplicate copy of the facsimile Notice is promptly given by one of the other methods permitted under this paragraph), (iii) three business days after the Notice has been deposited with the United States postal service as first class certified mail, return receipt requested, postage prepaid, or (iv) the next business day after the Notice has been deposited with a reputable overnight deliver service, postage prepaid, addressed to the party with next-business- day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery-service-provider. Each party shall make a reasonable, good- faith effort to ensure that it will accept or receive Notices to it that are given in accordance with this paragraph. A party may change its address for purposes of this paragraph by giving the other party(les) written Notice of a new address in the manner set forth above. Any waiver of a default or provision under this instrument must be in writing. No such waiver constitutes a waiver of any other default or provision ;I the same or any other provision of this l. No delay or omission by a party in the exercise of any of its rights or remedies constitutes a waiver of (or other wise impairs) such right or remedy. A consent to or approval of an act does not waive or render ~/the consent to or approval of any other or subsequent act. Each party to this instrument and its legal counsel h ,1 and revised or had ? 3 2 8L~' The rule the opportunity to review and revise this ' of that ambiguities are to be resolved against the drafting party or in favor of the party receiving a particular benefit under an agreement may not be employed in the interpretation of this instrument or any amendment to this instrument. Nothing in th' tis intended or entity other than the parties to th' ' and permitted assignees. ~/dghts or remedies on any person : and their respect' SUNROAD COUNTRY CLUB, LLC A Califomia limited liability company By: Sunroad Asset Management, Inc. A California corporation, Manager Richard D. Vann (Signatures must Notary form attached) 4 CALIFORNIA ALL-PURP~..~E ACKNOWLEDGMENT State of ~ .... ', c~ County of -~,~:~-~-~. ~ On I-q~ \ personally appeared ~ ~ before me 3283 person(s) acted, ¥(ies), OPTIONAL Description of Attached Document Title or Signer(s) Other Capacity(ies) Claimed by Signer(s) [] Individual [] Title(s): [] Partner -- [] Limited [] General [] Trustee [] Other: [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: Prod NO 5907 EXHIBIT "A" PARCEL 3 OF PARCEL MAP No. 17989, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 25, 1998. 3285 EXHIBIT "B" SHEET 1 OF 3 PARCEL "A" A PORTION OF PARCEL 3 OF PARCEL MAP No. 17989, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 25, 1998, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, WHICH IS 51.20 FEET NORTH OF THE SOUTHERLY TERMINUS OF THAT CERTAIN SEWER AND WATER EASEMENT LINE DESCRIBED ON SAID PARCEL MAP AS "NORTH 24o19'55" EAST, 67.50 FEET"; THENCE ALONG SAID EASEMENT LINE NORTH 24o19'55" EAST 16.30 FEET TO THE BEGINNING OF A NON-TANGENT 210.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 48o41 '06" WEST; THENCE NORTHEASTERLY ALONG SAID EASEMENT LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57o30'27' AN ARC DISTANCE OF 210.78 FEET TO THE CUSP WITH A NON-TANGENT LINE, TO WHICH A RADIAL LINE BEARS NORTH 08°49'21" EAST; THENCE LEAVING SAID EASEMENT LINE, NORTH 80°05'51" WEST 222.62 FEET TO POINT "A"; THENCE NORTH 80°05'51" WEST 11.82 FEET; THENCE SOUTH 20o35'08" EAST 109.42 FEET TO THE BEGINNING OF A NON-TANGENT 236.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, TO WHICH A RADIAL LINE BEARS SOUTH 14049'42" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33031'06" AN ARC DISTANCE OF 138.06 FEET TO THE END OF SAID CURVE, TO WHICH A RADIAL LINE BEARS SOUTH 18°41'24" WEST; THENCE ALONG A NON-TANGENT LINE NORTH 34o30'53" WEST 102.68 FEET; THENCE SOUTH 56o47'51" WEST 66.41 FEET; THENCE SOUTH 33048'46" EAST 43.44 FEET; THENCE SOUTH 54°52'29' EAST 46.75 FEET; THENCE SOUTH 69°53'30" EAST 35.07 FEET; THENCE NORTH 56o47'51" EAST 14.34 FEET TO THE BEGINNING OF A NON-TANGENT 256.00 FOOT RADIUS CURVE CONCAVE NORTHERLY TO WHICH A RADIAL LINE BEARS SOUTH 18041 '24" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°22'31" AN ARC DISTANCE OF 140.19 FEET TO THE POINT OF BEGINNING AND TO THE END OF SAID CURVE, TO WHICH A RADIAL LINE BEARS SOUTH 12041'07" EAST. 3286 EXHIBIT"B" PARCEL"B" SHEET 2 OF 3 A PORTION OF PARCEL 3 OF PARCEL MAP No. 17989, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 25, 1998, THE CENTERLINE OF SAID 20.00- FOOT WIDE SEWER LINE IMPROVEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE NORTH 22o20'49" WEST 142.41 FEET; THENCE NORTH 08005'06" EAST 291.21 FEET; THENCE NORTH 45033'04" EAST 327.37 FEET; THENCE NORTH 28040'37" EAST 205.55 FEET; THENCE NORTH 19°33'57' EAST 796.42 FEET; THENCE NORTH 14001'55" EAST 379.02 FEET TO THE SOUTHERLY BOUNDARY OF LOT 45 OF MAP No. 13708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 17, 1998, SAID POINT BEING SOUTH 89°21 '19 WEST 62.22 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 45. THE SIDE LINES OF SAID 20.00-FOOT SEWER LINE IMPROVEMENTS TO BE EXTENDED OR SHORTENED TO MEET OR TERMINATE AT THE SOUTHERLY BOUNDARY OF SAID LOT 45 AND AT THE NORTHERLY BOUNDARY OF THE HEREINABOVE DESCRIBED PARCEL UA'. AS SHOWN ON EXHIBIT uC" A~-rACHED HERETO BY THIS REFERENCE MADE A PART HEREOF. 3287 EXHIBIT "B" SHEET 3 OF 3 PARCEL"C" A PORTION OF PARCEL 3 OF PARCEL MAP No. 17989, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 25, 1998, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN SEWER EASEMENT LINE DESCRIBED ON SAID PARCEL MAP AS "NORTH 86°28'25" WEST, 403.24 FEET"; THENCE ALONG SAID EASEMENT LINE NORTH 70o14'50' EAST 191.03 FEET; THENCE LEAVING SAID EASEMENT LINE SOUTH 64o20'57' WEST 154.86 FEET; THENCE NORTH 86028'25" WEST 40.27 FEET TO THE POINT OF BEGINNING. MARK A. BRENCICK, L.S. 7226 LANDMARK CONSULTING ~p. 12-31-04/ INDEX MAP LEGEND: WA TER & SEWER EASEMENT PER PARCEL MAP 17989 SEWER PER PARCEL MAP 17989 FLOWAGE EASEMENT PER PARCEL MAP 17989 CITY OF POWAY EXHIBIT 'C' PLAT 3288 SHT I OF 4 INDEX MAP SCALE: I" = 600' PORN ']/2 ~, -/9 TJB.,~, ¢-,1W, MARK A. LS 7226 LANDMARK CONSUL TING SAN Ol~(20, CA 92121. ( ROJECT NUMBER: 6-2 ATE: 05 DEC 2000 PLAT TO ILLUSTRATE LOCATION OF SEWER LINE IMPROVEMENTS OVER A PORTION OF PARCEL $, PARCEL MAP NO. 17989 LEGEND: ~ SEWER LINE IMPROVEMENTS LOCATION (PARCEL "A ".) WIDE SEWER ~ LINE IMPROVEMENTS LOCATION (PARCEL z/~ WATER & SEWER EASEMENT PER PARCEL MAP 17989 /~ SEWER PER PARCEL MAP 17989 //~ FLOWAGE EASEMENT PER PARCEL MAP 17989 P.O.B. INDICATES POINT OF BEGINNING (R) RADIAL CITY OF POWAY,.z89 EXHIBIT PLAT SCAL~Ef~IO0' $20~T $ PARCEL PM 17989 C1 PARCEL 5 PM 17989 N87'OO'45"W ~- / ~-~ ,~- 143.99' LANDMARK CONSUL TING PLANNING SURVEYING SAN DIEGO, CA 92~2~. (8~8),~87.8070 ROJECT NUMBER: 6-2 SHT 2 OF 4 BEARING LENG T, L1 ~ 14.54' L2 N69'EZ,'30"W 55.07' L,3 N54"52'29"W 46. 75' L4 N,.3,,Z'48'46"W 43. 44' L5 N56'47'51"E 66.41' L6 NZ, 4'30'5,5"W 102.68' L7 "W 109.42' L8 "W 11.82' L9 NSO'OE'51"W 222.62' LIO N22'20'49"W 142.41' Lll NOS"OE'O6"E 291.21' L12 N24'lD'55"E 51.20' L1,5 16.$0' RADIUS DELTA LENGTH N O TE: POINT 'A" CI 256.00' D=31'22'31" 140. 19' C2 236.00'D=35'31'06" 158.06' C5 2 . 7'50'27"210.78' THE BASIS OF BEARING FOR THIS PLAT IS THE S'LY BOUNDARY OF PARCEL 3 OF PARCEL MAP 17989 (I.E. N87"OO'45"W) Noa'49'21"E (R) PARCEL 3 PM 17989 LS. 7226 ~p. 12/51/0~, MARK A. BREN CK, LS 7226 PLAT TO ILLUSTRATE LOCATION OF SEWER LINE IMPROVEMENTS OVER A PORTION OF PARCEL $, PARCEL MAP NO. 17989 ATE: 05 DEC 2000 ; -) CITY OF' POWAY EXHIBIT "C' 3 2 9 0 PLAT SHT ~ OF 4 Ffl~ H£RI ~ LOT 4~ MAP NO, 1 7'08 MAP NO. 1370B  / 62.22' i NI4*OI '55"E -- ,579.02' PARCEL $ PM 17989 LEGEND: ~ 2O' WiDE SEWER LINE IMPRO VEMEN TS "B") N 19 '55'5 7"E LOCATION (PARCEL 796.4-2' SCA PARCEL "B" "E 527.57' SEE 2 LANDMARK CONSUL NG PLANNING SURVEYING 9555 ~ENESEE AVE 112OO SAN D~'GO, CA 92121, ( ~ OJECT NUMBER: 6-2 ATE: 05 DEC 2000 205.~5' - PARCEL $ PM 17989 L.S. 7226 ,.,?*~/~'1~ MARK A. BRENCICK, L$ 7226 PLAT TO ILLUSTRATE LOCATION OF SEWER LINE IMPROVEMENTS OVER A PORTION OF PARCEL ,3, PARCEL MAP NO. 17989 CITY OF POWAY EXHIBIT PLAT SHT 4 OF 4, LEGEND: ~ SEWER LINE IMPROVEMEN TS LOCATION (PARCEL "C") /,~ SEWER PER PARCEL MAP 17989 /~ FLOWAGE EASEMENT PER PARCEL MAP 17989 PER PARCEL MAP 17989 BEARING LENGTH L1 N86"28'25"W 40.27' L2 N70'I4'50"E 191.0,5' L3 N64°20'57"E 154.$6' P.O.B. POINT OF BEGINNING PARCEL $ PM 17989 OLD COACH PER PARCEl_ MAP ~ MARK A. BRENCICK, LS 7226 ? OPE/V SPA CE LOT ~A" ]ViA P ..... 1c~' Oo SCA Lf ~ 1 OD ' LANDMARK CONSULTING PLANNING SURVEYING 9555 ~EHr'~-r' AVE SAN DIEGO, CA 92121, ( ROJECT NUMBER: 6-2 ATE: 05 DEC 2000 6 2/M/C~EWER PLA T TQ ILLUSTRATE LOCATION OF SEWER LINE IMPROVEMENTS OVER A PORTION OF PARCEL $, PARCEL MAP NO. 17989 32D2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated March 1, 2001 from Sunroad Country Club, LLC, a California Liability Company, to the City of Poway, a political corporation and/or g Iai 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 grant Is to recordation thereof by its duly authorized officer. Dated: March 12, 2001 Lo~'i Anne Peoples, City Clerk