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Grant of Easement 2016-0418431k APN: 321 - 370 -01 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Paul L. Blaylock & Mary L. Blaylock (hereinafter "GRANTOR ") hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following described easement for a right - of -way, in, upon, over, under and across the lands described in Exhibit " A ", depicted in Exhibit "B ", attached hereto and made a part hereof, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, at such locations and elevations, 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 compensation therefor, together with the right of ingress and egress from said easement by a practical route or routes in, 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 this easement is located at 14574 Millards Road, City of Poway, County of San Diego, State of California, and is more particularly described as follows: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B MADE A PART HEREIN) GRANTOR, his heirs, successors and assigns shall not erect or construct or permit to be erected or constructed 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, his heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. 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, 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 easements shall be granted on, under, or over this easement without obtaining the prior written consent of GRANTEE. 1 3� DOC# 2016- 0418431 RECORDING REQUESTED BY: ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CITY OF POWAY ) Aug 16, 2016 09:42 AM OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER CITY CLERK ) FEES: $0.00 CITY OF POWAY ) PCOR: NIA P.O. BOX 789 ) PAGES: 8 POWAY, CA 92074 (This space for Recorder's Use) APN: 321 - 370 -01 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Paul L. Blaylock & Mary L. Blaylock (hereinafter "GRANTOR ") hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following described easement for a right - of -way, in, upon, over, under and across the lands described in Exhibit " A ", depicted in Exhibit "B ", attached hereto and made a part hereof, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, at such locations and elevations, 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 compensation therefor, together with the right of ingress and egress from said easement by a practical route or routes in, 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 this easement is located at 14574 Millards Road, City of Poway, County of San Diego, State of California, and is more particularly described as follows: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B MADE A PART HEREIN) GRANTOR, his heirs, successors and assigns shall not erect or construct or permit to be erected or constructed 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, his heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. 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, 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 easements shall be granted on, under, or over this easement without obtaining the prior written consent of GRANTEE. 1 3� Grant of Water Line Easement Blaylock Property Page 2 GRANTEE may at any time increase its use of the easement, change the location of pipelines or other facilities within the boundaries of this easement, 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, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns, shall not increase or decrease or 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 commenced, 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 warrants and represents that GRANTOR has the power to grant this easement in accordance with his terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement on the dates set forth hereinafter. OWNER: Paul L. Blaylock and Mary L. Blaylock By: // /-_W Paul L. Blaylock i Approved as to Form: Office of the City Attorney f/ 71� Date 7//6, Date (Signatures must be notarized) �� &4�, - (�)/ org n L. ole ,City Attorney Date M: \engserv\Land Development Projects\2016 \ESMT16 -0007 Bourgeois\ESMT16 -0007 Water Easement.docx EXHIBIT `A' WATER EASEMENT APN 321 - 370 -01 ALL THAT PORTION OF LOT l OF CITY OF POWAY TRACT No. 81 -03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 10990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 6, 1984, BEING A 20.00 FOOT WIDE STRIP OF LAND AND THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 88 012'37" EAST 72.05 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 27 030'00" EAST 45.15 FEET; THENCE SOUTH 72 °30'00" EAST 9.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 200.00 FEET; THENCE EASTERLY 68.07 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 °30'00 "; THENCE NORTH 88 000'00" EAST 157.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,000.00 FEET; THENCE EASTERLY 43.63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 030'00 "; THENCE NORTH 85 030'00" EAST 114.11 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 350.00 FEET; THENCE EASTERLY 14.79 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02025'14" TO AN INTERSECTION WITH THE NORTHWESTERLY SIDELINE OF THE 60.00 FOOT WIDE WATER EASEMENT RECORDED JULY 5, 1984 AT FILE/PAGE 84- 253069 OF OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AS FOLLOWS: ON THE NORTH, AT SAID NORTHERLY LINE OF LOT 1. ON THE EAST, AT SAID NORTHWESTERLY SIDELINE OF THE 60.00 FOOT WIDE WATER EASEMENT. CONTAINS 9,051.23 SQ. FT., MORE OR LESS PAGE 1 OF 2 THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 AS CALCULATED PER RECORD OF SURVEY No. 9942. i.e. NORTH 88°12'37" WEST PREPARED BY: o ' N0.7524 q /4 /t L � OF CA1. Frederick R. LePage, PLS 7524 PAGE 2 OF 2 DLSM SOUTH HALF OF THE NWI'4 L1 1� EXHIBIT 'B' WATER EASEMENT ;o APN 321- 370 -01 I° P.O.B. 20.00' WIDE WATER EASEMENT I� SEC. 8 T1 4S R1 W SBM AREA= 9.051.23 SOFT. �m O / If / S88 °12'37 "E 557.90' LOT 5 <3 C MAP 10990 P. 0. C. NORTHWEST CORNER LOT 1 MAP 10990 0 P LOT 1 MAP 10990 2 N67. 36 , 97S N O a O u LOT 2 \ MAP 10990 A(69. I L4 C2 L5 /A/aa PAR 1 PM 13660 v / . I X17 ©OD Ln IN w I ;n 0 I I M M o; Z/ !,I: I BASIS OF BEARINGS: IS THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 8 AS CALCULATED PER RECORD OF SURVEY No. 9942 i.e. N88012'37 "W WATER EASEMENT - IN A PORTION OF LOT 1 OF CITY OF POWAY TRACT NO. 81 -03 MAP NO. 10990 DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS COURT RAMONA. CA 92065 PH 760 525 -1975 flepoge @cox.net III I 4 I II I I II I II I I / WATER EASEMENT DATA / RADIUS DELTA LENGTH / Cl 200.00' 19030'00" 68.07' C2 1000.00' 02030'00° 43.63' C3 350.00' 02025'14" 14.79' WATER EASEMENT DATA TABLE BEARING LENGTH L1 S88012'37 "E 72.05' L2 S27030'00 "E 45.15' L3 S72030 "00 "E 9.86' L4 N88000'00 "E 157.00' L5 N85030'00 "E 114.11' ANAL LANO C, O��,1GK R. N0. 7524 �\P� C DATE: 4/02/16 SCALE: 1" = 100' BY: FRL SHEET I OF 2 EXHIBIT 'B' WATER EASEMENT APN 321 - 370 -01 EASEMENT LEGEND ❑ A 60.00' WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED JULY 5. 1984 AS INST. No. 84- 253069 O.R. © 60.00' WIDE I.O.D FOR PUBLIC HIGHWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO RECORDED FEBRUARY 27. 1980 AT F/P 80- 066231 O.R. © 40.00' WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES RESERVED IN GRANT DEED 77- 237121 O.R. Q D 40.00' WIDE RIGHT OF WAY FOR ELECTRICITY AND GAS PURPOSES GRANTED TO SDG&E RECORDED MAY 29, 1980 AT F/P 80- 173589 O.R. QE 40.00' WIDE EASEMENT FOR INGRESS AND EGRESS. ROAD. AND UTILITY PURPOSES GRANTED TO DONALD AND KATHLEEN MECHLING RECORDED APRIL 29. 1981 AT F/P 81- 130996 O.R. EASEMENT NOTE SDG &E EASEMENT OVER PARCEL 2 OF PM 9767 FOR ELECTRICITY AND COMMUNICATION FACILITIES RECORDED MAY 11. 1983 AT F/P 83- 155362 O.R. NO EFFECT ON LOT 1 MAP 10990 WATER EASEMENT - IN A PORTION OF LOT 1 OF CITY OF POWAY TRACT NO. 81 -03 MAP NO. 10990 DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS COURT RAMONA. CA 92065 PH 760 525 -1975 flepoge @cox.net ONp- LANG a \ NO. 7524 /) �F DATE: 4/02/16 SCALE: 1" = 100' BY: FRL SHEET 2 OF 2 EXHIBIT 'B' WATER EASEMENT APN 321 - 370 -01 EASEMENT LEGEND AA 60.00' WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED JULY 5. 1984 AS INST. No. 84- 253069 O.R. © 60.00' WIDE I.O.D FOR PUBLIC HIGHWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO RECORDED FEBRUARY 27, 1980 AT F/P 80- 066231 O.R. © 40.00' WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES RESERVED IN GRANT DEED 77- 237121 O.R. Q D 40.00' WIDE RIGHT OF WAY FOR ELECTRICITY AND GAS PURPOSES GRANTED TO SOG&E RECORDED MAY 29. 1980 AT F/P 80- 173589 O.R. nE 40.00' WIDE EASEMENT FOR INGRESS AND EGRESS. ROAD. AND UTILITY PURPOSES GRANTED TO DONALD AND KATHLEEN MECHLING RECORDED APRIL 29. 1981 AT F/P 81- 130996 O.R. EASEMENT NOTE SDGBE EASEMENT OVER PARCEL 2 OF PM 9767 FOR ELECTRICITY AND COMMUNICATION FACILITIES RECORDED MAY 11. 1983 AT F/P 83- 155362 O.R. NO EFFECT ON LOT 1 MAP 10990 WATER EASEMENT - IN A PORTION OF LOT 1 OF CITY OF POWAY TRACT No. 81 -03 MAP No. 10990 DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS COURT RAMONA. CA 92065 PH 760 525 -1975 flepoge @cox.net ON pt N LAD 9ACK R. NO. 7524 OI f DATE: 4/02/16 SCALE: 1" = 100' BY: FRL SHEET 2 OF 2 ACKNOWLEDGMENT State of California County of San Diego A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On 6/17//(- before me, Michael Eastman, Notary Public, personally appeared P�,.L_ j.LA,(LOC V_. t IA�-C l7,t-AN -ocAc- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lefare subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in basA:�ertheir authorized capacity(ies), and that lo?*Iisf itheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M. EASTMAN a < commission No. 2030061 z Z NOTARY PUBLIC - CALIFORNIA m I SAN DIEGO COUNTY Commissan Expires June 21, 2017 Signature (Seal) CERTIFICATE OF ACCEPTANCE GRANT OF EASEMENT This is to certify that the interest in real property located in the City of Poway conveyed by Grant of Easement described in Exhibit A and Exhibit B of the attached document dated: June 17, 2016 from Paul L. Blaylock and Mary L. Blaylock (Grantor) to the City of Poway, (Grantee), a political corporation and /or governmental 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. Dated: O CITY OF POWAY Seal: By: Nancy N fed, CAC City Clerk