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