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Grant of Easement Water Lines & Appurtenances 2000-0432145RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 No transfer tax due Tax Parcel No.317-223-21 Z655 DOg li 2000-0432145 Aug 15, 2000 8:~9 AH OFFICIAL REE.,~S ~qN DIEGO COUNTY REC GREGORY J, ~MITH, COO FEES: OC: N DO MENT TRANSFER TAX R'S OFFICE REOOR~ER .00 GRANT OF EASEMENT (WATER LINES & APPUF NO FEE RSJ LLC, a Limited ) Compnay (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE") its , or assigns, the following described easement for a right-of- way 20 feet in width, desc <hibit "A," to and use a pipeline with uch fixtures and app facil ties for power t locat ons and el up descr bed in Exhibit "A" as . d' without any addit right of ingress and egress in, upon, over, under and across the lands erect, replace, repair, or pipelines for any and all purposes, together including, but not limited to, and purposes, at such n, along, over and under the right-of-way RANTEE may now or hereafter determine in its sole onal therefor, together with the rom the easeme t by a practical route or routes in, upon, over, or across the land describe below, together with the right to use this easement for access to GRANTEE's r ghts-of-way situated in adjacent lands, without any additional compensation herefor. The land encompassing this easement is situated in the County of SAN DIEGO, State of California, and is more particularly described as follows, to wit: Lot 27 of Poway Tract 85-04 Unit 1, to map thereof No. 11742, filed in the Office of the County of San Diego County on March 9, 1987, in the City of Poway, County of San Diego, State of GRANTOR, its heirs, . and assigns shall not erect or construct or permit to be erected or J any building, 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 by the of the City on an approved plan. GRANTOR, its heirs, and assigns shall not dig or drill any hole or wells on any portion of the ~0~_.../ ._ 2656 - GRANTEE may use alt 9ares and fences which, now or .~ter, cross any portion of the 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 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 pipelines or other facilities within the boundaries of the easement right- of-way, or modify the size of exi ting pip lines or other imp as it may determine in its sole discret on from ime to time without paying any additional compensation to GRANTO or GRAN OR's heirs, or assigns, provided GRANTEE does not expand ts use o the easement beyond the easement above. It is also understood and agreed by the parti s that the GRANTOR and the GRANTOR's heirs, , or assigns, shal not increase or decrease or permit to be increased or decreased the exist ng ground elevations of the above described easement which exists at the ime this document is executed without obtaining the prior written consent o the GRANTEE. In the event of any dispute involving this Agreement, whether or not litigation is com enced, or if any arbitration proceeding, administrative proceeding or 1 t gation in law or in equitv~ including an action for rel e , is brought to enforce or the p or erformance of h s the prevailing party shall be entitled to an ward of all fees and the costs of the proceeding, which shall be etermined by the court or the presiding officer having authority to make this 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 / l~. day of '-~.-.-~ , ~o~,. See 'A' and 'B' , hereto and made a part hereof. (Signatures must be notarized. Notary form attached.) ALIFORNIA ALL-PURr'~SE ACKNOWLEDGMENT State of ~..~, ?~ ~ County of on ~/~/ personally appeared _ 2657 ' 1216701 pe rso r).(.e), acted, OPTIONAL ~) Description of Attached Document Title or Signer(s) Other Capacity(les) Claimed by Signer(s) Signer's Name: [3 Individual II Corporate Officer Title(s): !J Partner--f Limited Il General i J Trustee L2 Other: [] Individual © Corporate Officer Title(s): I J Partner -- [ J Limited i ] General [J Trustee [] Other: Signer Is 2658 April 4, 2000 J.N. 121.0 EXHIBIT 'A' LEGAL DESCRIPTION FOR WATER EASEMENT MCDIRECT BEING A PORTION OF LOT 27 OF CITY OF POWAY TRACT 85-04 UNIT 1, ACCORDING TO M DF NO 11742, ON FILE IN THE OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO, 1N THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 27, BEING A POINT ON THE RiGHT-OF-WAY OF DANIELSON COURT, AS DEDICATED PER SAID MAP NO. 11742, BEING ALSO THE BEGINNING OF A 55.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 78° 14' 16" EAST; THENCE ALONG SAID RIGHT-OF-WAY AND THE ARC OF SAID CURVE 1. NO 17.37 FEET THROUGH A CENTRAL ANGLE OF 17055'59'' TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY 2. NORTH 84057'58'' WEST 18.72 FEET; THENCE 3. SOUTH 78014'00'' WEST 71.25 FEET TO APOINT HEREIN DESCRIBED AS POINT 'D'; TItENCE CONTINUING 4. SOU'I WEST 263.52 FEET TO A POINT HEREIN DESCRIBED AS POINT 'A'; THENCE CONTINUING 5. SOUTH 78°14'00''WEST 40.41 FEET; THENCE 6. NORTtt 13°23'33" WEST 276.75 FEET; THENCE Page I of 2 2659 7 EAST 34.00 FEET TO A AS POINT 'B'; THENCE CONTINUING 8 NORTIt AST 335.90 FEET; THENCE 9. SOUTIt 60°32'34'' EAST 16.69 FEET TO A POINT HEREIN DESCRIBED AS POINT 'C'; THENCE CONTINUING 10. SOUTH 60°32'34" EAST 12.64 FEET; THENCE 1 I. SOUTH AST 249.56 FEET TO A POINT O US ON THE WESTERLY RIGHT-OF-WAY OF SAID DANIELSON COURT, BEING ALSO A POINT ON THE ARC OF A NON- TANGENT 55.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 52o27'09'' EAST. TOGETItER WITH A STRIP OF LAND 10 FEET IN WIDTH LYING ON 5 FEET ON EACH S1DE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE NORTH 11°46'00" WEST 28.72 FEET TO A POINT OF TERMINUS. BEGINNING AT POINT 'B' AS DESCRIBED ABOVE; THENCE SOUTH 13023'33'' EAST 24.38 FEET TO A POINT OF TERMINUS. BEGINNING AT POINT 'C' AS DESCRIBED ABOVE; THENCE NORT EAST 36.37 FEET TO A POINT OF TEI~'IINUS. BEGINNING AT POINT 'D' AS DESCRIBED ABOVE; THENCE NORTH 11°46'00'' WEST 23.43 FEET TO A POINT OF TERMINUS. THE SIDELINE OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE PARALLEL WITH SAID CENTERLINE. Tills I,EGAI, BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND Page 2 of 2 ~.i~RS ACT. · MARTINEZ P.L.S. 7443 - 2660 - CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated June 16, 2000 from Mailing Concepts Direct, to the City of Poway, a political corporation and/or ~ 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 g to recordation thereof by its duly authorized officer. Dated: Lori ,~nne Peoples, City Clerk. CITY CF. PO WAY2661 - WATER EASEMENT PLAT EXHIBIT 'B' ~ ' I 78~4 ~' CiTY OF POWAY TRACT MAP NO, ~742 USE ONLY 'lINER MC DIRECT ADDRESS 12625 STOi~'E DRIVE O0 -- CI]~ POWAY, CA 92064 O, WNER ADDRESS q CI1Y I THIS ~TH AND CONSENT 4 ~-~ 6/~'~'ZO~ ! APPUCANT JOHN LIEMBACK MAP PREPARED BY ADDRESS 12625 STOIqE DRIVE, POWAY, CA 92064 ADDRESS 9939 HIBERT S~ CA 92151 PHONE R.C.E. NO. 50940 1 !e Final Fee Z -1 Rec. No. O~ . CITY 0~ PO~AY 36 WA, ER EASEMENT PLA, EXHIBiT 'B' 2882 78'14 E NEA OWNER: MC DIRECT PHONE NO. 619 OWNER: PHONE NO. ~TH PPLICANT: JOHN LIEMBACK 12625 STOl 79-3584 CITY OF POWAY TRACT 85~04 UHIT 1 MAP JVO. 11742 ~20~4 USE ONLY eUm. Fee Final Fee Z '~ ADORESS: 12625 STOWE DRIVE CITY: ADDRESS: CITY: CONSENT ~/~ MAP PREPARED BY DAIE PHONE STE. 203 50 CA 92151 rn SHEET R,C.E. 50940 2