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Grant of Easement Water Lines & Appurtenances 2000-0290062RECORDING REQUESTED BY: CiTY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC 2000-0290062 Jun 02, 2000 8:28 AH DFFICIAL RE[DRI)~ ~A~ DIE~] [~DNIY RED(TJ)ER'S OFFICE Tax Parcel No. 317-270-44 NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT WE 801-01-382 POMERADO LEASING NO. 5, LP, a California Limited Partnership, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter"GRANTEE") or assigns, the following described easement for a right-of-way, in, upon, over, under and across the lands described in Exhibit "A," and depicted in Exhibit "B," to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including, but not limited to, facilities for power t and Non purposes, 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 th by a practical 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 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 LOT 89 OF CITY OF POWAY TRACT NO. 85-04 UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 12572, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28, 1990. GRANTOR, its heirs, d assigns shall not erect or construct or permit to be erected ~ed 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, and assigns shall not dig or drill any hole or wells on any portion of th l. GRANTEE may use all gates and fences which, now or later, cross any portion of the GRANTEE shall also be entitled to trim, cut, t y trees, brush, or other vegetation or flora from time to time as GRANTEE d in its sole discretion without any additional compensation. GRANTOR agrees that no oth l or over th' : without obtaining the prior writf 3all be granted on, under, or : of GRANTEE. GRANTEE may at any time increase its use of the easement, change the location of pip :her facilities within the boundaries of th I 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 heirs, 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 be increased 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 t, or if any arbitration proceeding, administrative proceeding or litigation in law or in equity, including an action for declaratory relief, is brought t' pret 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 has executed this Easement this /q Jay of /~ 20 0o POMERADO LEASING NO. 5, LP A CALIFORNIA LIMITED PARTNERSHIP (Signatures must be Notary form attached.) aBy: ' CIo~~ General Partner cALIFORNIA ALL-PURPC ; ACKNOWLEDGMENT On m~ ~ personally appeared CAR~ A, ~$ Comm.# ~ m5 ~ Sin Oiq ,,d, ~ signature'S) person~O acted, WITNESS OPTIONAL Description of Attached Document Title or' Signer(s) Other Capacity(ies) Claimed by Signer(s) [] Individual [] ~tle(s): [] Partner -- [] Limited [] General [] [] Trustee (~ Other: [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: Signer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of On /"( .2?_~.~oo before me '~'~' Date personally appeared '~¢z..v~'¢~' .,~, to be the person~"~ whose name,(.~ is/ace- subscribed to the within instrument and executed the same in authorized capacity.(-ie~, and that by signature.(.9~ ~ or the entity upon behalf of which the person,(~' acted, OPTIONAL Title or Signer(s) Other [] Individual [] Title(s): [] Partner -- ~ Limited L~ General [] L~ Trustee [] EJ Other: ALL OF POWAY, COUNTY OF SAN DIEGO, TE OF TO IAP 12572, OF SAN DI GO 1990, LYING .00 FEET ON EACH SIDE OF AND PAR LEL WITH THE AT A POINT ON THE LINE OF SAID LOT 89 DISTANT THEREON NORTH 15°00°00" EAST 7.02 CORNER THEREOF; THENCE LEAVING SAID SAID NORTH 39.00 FEET; THENCE NORTH 35°55'14" WEST 44.85 FEET; THENCE NORTH 15°00'00`, EAST 16.59 FEET TO A POINT TO AS POINT "A"; THENCE TO AS POINT "B"; THENCE NORTH 15°00'00" EAST 40.62 FEET; THENCE NORTH 75°00'00'' WEST 264.33 FEET; THENCE SOUTH 15°00'00'' WEST 32.01 FEET; 18.43 TO AS POINT "C"; THENCE SOUTH 156.48 FEET; THENCE SOUTH 5°11'29'' WEST 127.54 FEET TO A POINT TO AS POINT "D"; THENCE SOUTH 5°11'29'' WEST 31.20 FEET; THENCE SOUTH 84°48'31" EAST 190.14 FEET; F THE UBLIC UTILITY LINE OF OF THE LINE AS SHOWN ON SAID MAP NO. 12572, THE LINE OF THE ALL LOT ALSO: OF SAID STRIP OF LAND SHALL BE OR AT AT ABOVE POINT "B"; THENCE SOUTH 75°00'00" EAST AT ABOVE POINT "C"; THENCE SOUTH 81°28'39" EAST AT ABOVE POINT "D"; THENCE SOUTH 84°48'31" EAST ~OINT SCALE -N- 20.40' EASEMENTS R=29.50' L=48.06' EXHIBIT "B" POINT CENTERLTNE DATA / (~) 39.00' I',' ;,~ (~) 44.85' !.~ {~ 30.]9' · Q 23.00' /~/ ® I (~) ,.~.o:1 ' /, e ,,.oo. i, 89 POSIT ; 20' ~qI ,6=9 '0 '~.9" GREGG .50 ', L=46.34 ~,1 STREET PUBLIC UTILITY EASEMENT PER MAP NO. 12572. EASEMENT TO SAN DIEGO GAS AND ELECTRIC CO. REC. 5/25/90 AS FILE NO. 90-286803 (NOT PLOTTABLE). F~DINT WATERLINE EASEMENT PLAT / / / / / / / / / / / WE 80'~-0).-382 ,e ~." = 80' ,.~ SPEAR & ~ j,,. os NO. · n 8/19/99 ~ CIVIL AND ~ SURVEYING ~it5 E. AVE,. ~ONDIDO. CA 9ZOL~ DN( ~0. DI~. TEP O(. RJS [760) 737-'7~72 FAX (760) 737-7~74 88 / / / ~ -t,,\O. .02' 98-269 98-269WL CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated ~/ ,//~' //~ ~( C~ from POMERADO LEASING NO. 5, LP, a California Limited Partnership, to the City of Poway, a political corl::l/or § 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 grantee consents to recordation thereof by its duly authorized officer. Dated: Lori Anne Peoples, City Clerk