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Grant of Easement Water Lines & Appurtenances 2000-0557231RECORD'lNG REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 N Tax Parcel No. 317-270-55 2813 ) ) DOC :It 2000-Obb '31 Oct 17, 2000 10:20 OFFIOI~. RECSI~)S ~ I)IF.~O ~ 1~I2,1)ER'80FFI~ ~ J. SMITH, ~ ~ RE~FJ~ F[ES: .00 2 00 NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT WE 801-01-350 DANCO, LLC, a California Limited Liability Company, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its or assigns, the following described easement for a right-of-way, in, ul: :ler and across the lands described in Exhibit "A," and depicted in Exhibit "B," to erect, construct, replace, rep ' :1 use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including, but not limited to, facilities for power :1 purposes, at such I :1 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 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 th' : is situated in the County of SAN DIEGO, State of California, and is more particularly described as follows, to wit: ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 17815, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 22, 1997. GRANTOR, its heirs, :1 assigns shall not erect or construct or permit to be erected -1 any building, 3rovement 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, and assigns shall not dig or drill any hole or wells on any portion of th I. 2814 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, y y trees, brush, or other vegetation or flora from time to time as GRANTEE d in its sole y compensation. GRANTOR agrees that no otb over th' 3out obtaining the p ' ts shall be granted on, under, or = GRANTEE. GRANTEE may at any time increase its use of the easement, change the location of pip :her facilities within the boundaries of th l right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's h ' or assigns, provided GRANTEE does not expand its use of th I beyond th I boundaries described above. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, or assigns, shall not' d permit to b i or decreased the existing ground elevations of the above described easement which exists 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 i, 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 :1 represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR h of :~eo"7~, ~' 20~:> :l this Easement this / ~ :lay DANCO, LLC /?// y A CALIFORNIA L~VIITED LIABILITY COMPANY William W. Crawford Jr. (Signatures must be notarized. Notary form attached.) CALIFORNIA ALL-PURPOSE ACKNOW State of C l, ~ County of ..~c~- before me personally appeared ~ ,] 2815 person(s) acted, ¥(ies), OPTIONAL Description of Attached Document Title or Signer(s) Other Capacity(les) Claimed by Signer(s) [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: ALL COUN FEET 281o LEGAL DESCRIPTION OF PARCEL 2 OF PARCEL MAP N . 1781 IN THE CITY OF POWAY, OF SA DEIG- , STATE OF CALIFORNIA, OF AN D GO COUNTY JANUARY 22, 19 7, BEI' A STRIP OF LAND 20.00 N WlDT LYIN 10.00 FEET ON EACH SID OF A D PARALLEL WITH THE AT THE CORNER OF SAID SAID CORNER BEING A POI T ON THE LINE OF (65.00 ~; P" T THENCE LEAVING S^ D LIN ALONG AID BEING A LINE 31.64 F ET AND PARALLEL WITH THE INE OF SAID PARCEL 2, NORTH 0°07'31'' EAST 12.50 FEET TO A POINT TO AS POINT "A"; THENCE NORTH 0°07'31" EAST 2.00 FEET TO A POINT TO AS POINT "B"; THENCE NORTH 0°07'31'' EAST 116.00 FEET; THENCE NORTH 89°52'29" WEST THAT PORTION LYING WITHIN THE PUBLIC UTILITY 17815. THE OF SAID STRIP OF LAND SHALL BE OR AT ALSO: AT ABOVE POINT "A"; THENCE SOUTH 89°52'29" EAST ABOVE POINT "B"; THENCE NORTH THAT PORTION LYING WITHIN THE PUBLIC UTILITY 17815. PARCEL t0 u - - I 31.64' EXHTBTT "B" DRAINAGE EASEMENT PER DOC. NO. 1998- 034756~ REC. 6/9/98 DRAINAGE EASEMENT PER DOC. NO. 1998- 0248043 REC. 4/30/98 PARCEL 2 P.H. ~7815 UTILITY EASEMENT PER DOC. NO. REC. ,0/28/98 CENTERLINE DATA 8.91 ~1 15' .-~ T--~o~ PUBLIC UTILITY EASEMENT PER ~,"'~ -'" _J._ J ~ P.M. 17815 AND AN EASEMENT [ ~ [ ~ ~ IN FAVOR OF PACIFIC BELL ~ ~./~2.00' // RECOROEB 9/6/9J AS SOC. NO. KZRKHAM NAY ~ i "=20 ' T i2/09/98 WATERLINE EASEMENT WE 801-0i-350 SPEAR & CIVIL ~5 E. (780) 7:)7-?272 PLAT : ~ 97- AI'~3 LAND SURVEYING FAX (760)7'37-?274 PAGE i OF DANCO , LLC _. Late~date ( 31, IX] [ ] 2050 2818 - State of California ISiH Jones ;JSecreta~ of State LIMITED ARTICLES OF ORGANIZATION ~,NT - Read .ompany Act. .'aliro rnia ' LLC-I :ode. which is Skip Item 5 5, City: [ ] 13370 POWAY WAY [ ] · (check one) Zip Code: 92064-7117 ix ] Date: 30 19 98 .' FILED In the office of the Secreh~y of ,~M~ of the State of California DEC O ~ 1998 ~l[.t JO~E$, Secretar,/of 2819 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in mai property conveyed by the deed or grant dated tember 19, 2000 from DANCO, LLC, a California Limited Liability Company, to the City of Poway, a political corporation and/or g 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 ls to recordation thereof by its duly authorized officer. Dated: October 10, 2000 By: : J2 Lori Anne Peoples, City Clerk