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Grant of Easement Drainage 2000-0264759 $ REQ CITY OF POWAY CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 TO: DOC 2000-0264759 M~y 22, 2000 8:45 AH OFFICIAL RE~P, BS I~IEGO ~ RE[T.21L~'R'80FFIE FE~: ',00 N due (Th' Use) APN 277-171-18 & 22 NO DOCUMENT '1' NO FEE GRANT OF DRAINAGE EASEMENT SUNROAD COUNTRY CLUB, LLC, a California limited liability company (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), ' '.:Ins, the following described easement for a right-of-way in, upon, over, under and across the lands described in Exhibit "A", to erect, 31ace, rel: ' i use a pipeline or pipelines for any and all purposes, together with such fixtures and apl: -ling but not limited to, facilities for l: and purl: ~ :1 upon, along, over and under the right-of- way described below as GRANTEE may now or hereafter determine in its sole discretion without any additional together with the right of lng .~ l: J described below, to9 '~ht to use th' 1' GRANTEE'S rights-of-way situated in adjacent lands, without any additional compensation therefor. The land encompassing th' C :1' -l in the City of Poway, County of San Diego, State of y described as follows, to wit: The Remainder Parcel in the City of Poway, County of San Diego, State of California, as shown on Parcel Map 17433, filed in the Office of the County Recorder of San Diego County on October 14, 1994 as File No. 1994-0605766 of Official Records. EXCEPTING THEREFROM that portion lying within Parcel A of Certificate of C -lary Adjustment No. 94-08, recorded February 16, 1995 as File No. 1995-0071138 of Official Records. Said :right-of-way' 'J land is l: ~ed (SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF) GRANTOR, its heirs, constructed, any building or1 ':1 the signature of the City Eng' shall not dig or drill any and assigns shall not erect or construct or permit to be erected or plant any plant any other vegetation lout the exp ~proval of the City of Poway -l by ~proved plan. GRANTOR, its heirs, :1 assigns GRANTEE may use all gates and fences which, now, or later, cross any portion of the easement. GPA b brush, or other vegetation or flora from time to time as determines in its sole discretion without any additional compensation. GRANTOR ag without the prior written consent of GRANTEE. may compensation to GRANTOR or GRANTOR'S [' ' expand its use of th I beyond th change the location of pil: paying any additional '.:Ins, provided GRANTEE does not : boundaries described above. it is also ground without o1: and agreed by the parties that the and the heirs, '..:Ins, shall not' ¢ permit to be increased or decreased the existing ' the above described easement which exists at the time this document is executed GRANTEE. In the event of any dispute involving this Agreement, whether or not litigation is i, or if any arbitration proceeding, ad ' ' proceeding or litigation in law or in equity, including an action for declaratory relief, is brought ~ret the p ' ' perf :th' the prevailing party ~ ~ of all attorney's fees and the costs of the proceeding, which shall be determined by ti' ~e presiding officer having authority to make this d GRANTOR expressly accordance with its terms. i represents that GRANTOR has the power to grant th' IN W TNES~ W.,HEREOF, the GRANTOR has executed this easement this 2°°°. day of SUNROAD COUNTRY CLUB, LLC a California limited liability company By: Sunroad Asset Management, Inc. By: laro va~ - ! (Sig I: Notary form attached.) CALIFORNIA ALL-PURP~, ~E ACKNOWLEDGMENT State of County of On before me personally appeared person(s) acted, ¥(ies), :s) OPTIONAL Description of Attached Document Title or' Signer(s) Other Capacity(les) Claimed by Signer(s) [] Individual [] Title(s): [] Partner-- [] Limited LJ General E3 Trustee [] Other: [] Individual [] Title(s): [] Partner-- [] Limited [] General L.~ Trustee [] Other: Prod NO 5907 CERTIFICATE OF ACCEPTANCE This the City of Poway, a political corporation and/or .c undersigned officer or ag f of the City Council p No. 34 adopted on January 20, 1981 and the § officer. is to certify that the interest in real property conveyed by the deed or grant dated ~) 0 '~ from SUNROAD COUNTRY CLUB, LLC, a California limited liability company to agency is hereby accepted by the lority conferred by Jation thereof by its duly authorized Lori Anne Peoples, City Clerk EXHIBIT DRAINAGE EASEMENT Parcel "D" Being a portion of Parcel "C" in the City of Poway, County of San Diego, State of California, as shown on Boundary Adjustment No. BA 94-08, filed in the Office of the County Recorder of San Diego County on February 16, 1995 as File No. 1995- 0071138 of Official Records being more particularly described as follows: Beginning at the Southerly terminus of that certain line shown and designated as "North 14°02'41" West 52.00 feet" on Lot "A" of City of Poway Tract No. 89-13R, Old Coach Golf Estates, Phase 1 Unit 1, Map No. 13339; thence along a Southerly p of said line South 14°02'41" East 22.00 feet; thence South 75°57'19" West 24.32 feet; thence South 62°21 '59" West 125.26 feet to the beginning of a non-tangent 950.00 foot radius curve concave Southeasterly, to which a radial line bears North 62°57'28" West, said being :1 20.00 feet Easterly measured radially to the Easterly Right-of-way of Old Coach Road granted per Document recorded February 15, 1968 as File No. 26947 and May 24, 1971 as File No. 107630 both of Official Records; thence Southwesterly along the arc of said curve through a central angle of 16°15'23'' an arc distance of 269.54 feet; thence on a radial line to said curve North 79°12'51" West 20.00 feet to said Easterly Right-of- way of Old Coach Road; thence Northerly along said Easterly Right-of-way through a central angle of 16°38'03" an arc distance of 281.61 feet; thence leaving said Easterly Right-of-way North 62°21 '59" East 142.49 feet to the Southerly line of said Lot "A"; thence along said Southerly line North 75°57'19'' East 18.43 feet to the Point of Beginning. Containing 0.199 acres more or less. 1 of 2 EXHIBIT "A" DRAINAGE EASEMENT Parcel "F" Being a portion of Parcel "C" in the City of Poway, County of San Diego, State of California, as shown on Boundary Adjustment No. BA 94-08, filed in the Office of the County Recorder of San Diego County on February 16, 1995 as File No. 1995- 0071138 of Official Records being more described as follows: Beginning at the most Southeasterly corner of said Parcel "C"; thence along the Easterly line of said Parcel "C" North 00°27'14" East 17.12 feet; thence leaving said Easterly line North 82°54'02" West 93.69 feet to the beginning of a tangent 20.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 89°58'41" a distance of 31.41 feet; thence North 07004'39'' East 9.60 feet to the beginning of a tangent 449.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 03°21 '17" a distance of 26.29 feet to the beginning of a compound 49.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 40004'50'' a distance of 34.28 feet to the beginning of a reverse 50.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 32026'57'' a distance of 28.32 feet to the beginning of a reverse 430.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 31 °46'50" a distance of 238.51 feet; thence North 35°41 '21" West 251.56 feet to the beginning of a tangent 370,00 foot radius Easterly; thence Northerly along the arc of said curve through a central angle of 59015'58'' a distance of 382.72 feet to the TRUE POINT OF BEGINNING; thence continuing Northeasterly along the arc of said curve through a central angle of 03012'00'' a distance of 20.66 feet; thence South 79°22'01" East 95.99 feet; thence North 55037'58'' East 47.36 feet; thence South 34022'02'' East 20.00 feet; thence South 55°37'58" West 55.64 feet; thence North 79°22'01" West 109.46 feet to the TRUE POINT OF BEGINNING. Containing 0.071 acres. 2 of 2~