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First Amendment to Grant of Easement 2017-0089617Recording Requested by City of Poway When recorded, mail to: DIIOII C#p 2017-00 89617 I�lu� ��II ��III IMI III II��II ���II ��III I�II� I�u� �I�I ILII III I��I Feb 24, 2017 12:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 PAGES: 8 City Clerk City of Poway P. 0 Box 789 Poway, CA 92074 SPACE ABOVE FOR RECORDER'S USE Project No. 551307-010 Transfer Tax None Const. No. 2986910 SAN DIEGO GAS & ELECTRIC COMPANY APN No.. 321-021-04 n SR No. 225322 L Qyud'ai L Arr ayp RW362236 FIRST AMENDMENT TO GRANT OF EASEMENT THIS FIRST AMENDMENT TO GRANT OF EASEMENT (the "First Amendment") is entered into as ofb2r' , 20_/i by and between SAN DIEGO GAS & ELECTRIC COMPANY, ("Grantor") and CITY OF POWAY, a municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of that certain parcel of real property (the "Property") more particularly described in Exhibit "A", attached hereto and made a part hereof. B. On September 13, 1995, Grantor entered into that certain Grant of Easement (the "Grant") with Grantee, recorded on September 18, 1995 at Document No. 1995-0414271 of Official Records of said County of San Diego, whereby the Grantor granted to Grantee an easement over the Property for the purpose of a storm drain and incidentals thereto. C. Grantor and Grantee desire to amend the Grant to change a portion of the legal description within a portion of the Property, a portion of which is described in said easement above. T..'Iand/daraReddick:242803Am ndwnidxi I 9 AMENDMENT NOW, THEREFORE, Grantor and Grantee agree as follows: Parcels 2 and 3 of "The Grant' are hereby deleted in their entirety 2. The legal description lying within "The Property" included in Parcel I of "'The Grant' is hereby amended and more particulary described in Exhibit "B", consisting of one (1) sheet, and shown and delineated on Exhibit "C", consisting of (1) sheet, both attached hereto and made part hereof. 3 The addition of Parcel 5 for access and maintenance activities, to be described as follows: That certain strip of land, 10.00 feet in width, lying Southerly and Westerly of, and adjacent to, the Southerly and Westerly lines of the easement herein described. Except as modified by this First Amendment, the Grant shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed effective as of the date first written above. Approved as to Form. 0ffi e of theCity Attorney Morg L. old City k!ttorlley T.land/dalaReddick:lllR03,4=ndm ni.dmi CITY OF OWAY, a municipal co 'on By: Name: �'C" � � (print name) `` Title: DirC�V a 1�Q �Qr,�n.ayci _1aYt/t�$ C - V SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation / ^ By. v _`��1`1T S k'. Jeff Syk , Land Management Supervisor 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. STATE OF CALIFORNIA COUNTY OF SAN DIEGO )SS On February 15, 2017, before me Crestal J Arellano. Notary Public (name, title of officer), appeared Jeff Sykes who proved to me on the basis of satisfactory evidence to be the person($ whose name(g) is/Ve subscribed to the within instrument and acknowledged to me that he/Sjfe/tl;&y executed the same in hist/thtsir authorized capaciry(i/s), and that by his/ljr/tldir signatureA on the instrument the person(/), 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 CRYSTAL J. MELUNO COMM. 02095023 m NOTMRY.PUBUC • CALIFORNIA a Signature (`Y Z4ka&y,Q`4 CamrisSAN DIEGO COUNTY sbn Eq im Jan. 22, 2019 [S:MstwordlT-1 B.doc) -1- 81-0645(5) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE euau�uKuacvtt!a:<cu!wua<!te<!cct<uat!n<e.<xxuW:<vw.Auac<,.«avacuic�,va.<cK< uau<au..u<Ga:.Lcv4.«a<!:<:�.::,:L .ne:�e<:.<fiwLe<!,n .:.tam 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. State of California ) County of 5,) ) On ZhI /I-7 before me,mon� (,� S rNl,hirle? , no7a!4 VobliC, Date Here Insert Name and Title of the Officer personally appeared tQObe{ -i —3, ff),A(\(S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MONICA I. MARTINEZ =%FMYComrNssion 8 2115964 N"y Public - California Ban Diego County Comm. Expires Jun 18, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Pub9c' OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator M Other Signer Is Representing: MOO,iEVK+�KXGceiK<!G�GCKGtMK:.tFLGI+Ltc</.R!�t\'<_!a,Kf!M1«!tttiLG.vL(YLG±/GV<K<..'nGt</tt</KN•GLY,GGe�G4'!tG�.4'!tt<'t<✓Kq•v4(YKNK+/G<L/K�! ✓S<+!tW44+34t CERTIFICATE OF ACCEPTANCE (Drainage and Access Easement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Exhibit "B", and depicted on Exhibit "C" of the attached document dated,FChruan l I "2oll, from San Diego Gas & Electric Company, to the City of Poway, 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: CITY OF POWAY Seal: By- �74 viii Nanqf Neufef , CMC City Clerk File No: 08025280 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Those portions of the Southwest quarter of the Southwest quarter of Section 6, Township 14 South, Range 1 West, and the Southeast quarter of the Southeast quarter of Section 1, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the official plat thereof, described as follows: Beginning at the Southwest corner of said Section 6; Thence South 880 34' East, along the South line of said Section 6, a distance of 325 feet; Thence North 10 01' West, on a line parallel with the West line of said Section 6, a distance of 400 feet; Thence North 880 48'21" West, 476.95 feet; Thence South 10 01' East, 400 feet to a point on the South line of said Section 1,, which point bears North 890 19' West, a distance of 151.96 feet from the Southeast corner of said Section 1; Thence South 890 19' East along the South line of said Section 1, to the Southeast corner thereof and the point of beginning. Assessor's Parcel Number, 321-021-04 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 EXHIBIT "B" STORM DRAIN EASEMENT A STRIP OF LAND 10.00 FEET IN WIDTH WITHIN A PORTION OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST AND A PORTION OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID STRIP LYING WITHIN LAND DESCRIBED IN DEED RECORDED APRIL 16, 1951 IN BOOK 4054, PAGE 374 AS DOCUMENT NO. 48231 OF OFFICIAL RECORDS OF SAID COUNTY SAID STRIP OF LAND BEING PARALLEL AND CONCENTRIC AND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6, THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 6, SOUTH 88'01'38" EAST 270.35 FEET, THENCE LEAVING SAID SOUTH LINE NORTH 00'55'45" EAST 51.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF TWIN PEAKS ROAD, AND TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 00'55'45" EAST 343.49 FEETTO A POINTTHAT IS 5.00 FEETSOUTHERLY OF THE NORTHERLY LINE OF SAID LAND; THENCE WESTERLY ALONG A LINE THAT IS PARALLEL WITH AND 5.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, OF THE NORTHERLY LINE OF SAID LAND, NORTH 88'16'39" WEST 299.44 FEET, THENCE NORTH 00'25'18" WEST 5.00 FEET TO A POINTON THE NORTHERLY LINE OF SAID LAND ALSO BEING A POINT ON THECENTERUNEOF.THE EXISTING STORM DRAIN EASEMENT TO THE CITY OF POWAY, RECORDED SEPTEMBER 18, 1995 AS DOCUMENT NO. 1995-0414271, OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND POINT OF TERMINUS. THE SIDELINES OF SAID 10.00 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT THE SOUTHERLY AND NORTHERLY LINES OF SAID LAND AND AT SAID POINT ON THE CENTERLINE OF THE EXISTING STORM DRAIN EASEMENT TO THE CITY OF POWAY, RECORDED SEPTEMBER 18, 1995 AS DOCUMENT NO. 1995-0414271, OFFICIAL RECORDS OF SAN DIEGO COUNTY SAID 10.00 FOOT STRIP OF LAND CONTAINS 6,479 SQUARE FEET ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "C". P ---e j 0-.F, . PAUL J. LOSKA, P.L.S. 7810 l 60 CANp S N >, PLS N0. 7810 v a \�\pF CAC\ EXHIBIT "C" ® = PROPOSED STORM DRAIN EASEMENT 20" STORMDRAIN EASEMENT PER DOC. NO SEC. 6 _ N 005545" E 270.35" 51.00'1 S 88"473 E S 8801'38" E 325.00' 151.96'' TWIN PEAKS ROAD S. LINE SEC. 6 Paul Loska1al-2rw-A. cen.e"D".arv.D naw.. ca azcea LAND 9URVEVINO^.a (05581679.1732 z z 1" = loo, 1995-0414271, REC. 09/18/1995 4- 0� OF 1a ,o N 88'1639" N/ 476.95' N 0075"18" W 5.00' N 887639" W 299.44' h BK 4054 .I PG 374 0 R 5• 5' 01 � O O 3 SEC 1 3 s SEC 6 LU 73 v00 in fV O 0& h O N O �QFP 10' SEC. 6 _ N 005545" E 270.35" 51.00'1 S 88"473 E S 8801'38" E 325.00' 151.96'' TWIN PEAKS ROAD S. LINE SEC. 6 Paul Loska1al-2rw-A. cen.e"D".arv.D naw.. ca azcea LAND 9URVEVINO^.a (05581679.1732 z z 1" = loo,