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Grant of Easement 2018-0115008Recording requested by Chicago Title Company -SD mai I +1V '4040P5 `+ WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2018-0115008 1111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Mar 23, 2018 10:27 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00SB2 Atkins: $0.00) POOR: N/A PAGES: 7 Recorders GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Damarus-Moore Limited Partnership, a California Limited Partnership (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the easement and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline, and pipelines and appurtenances thereto, 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 the 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 real property_encompassing this easement area is situated in the City of Poway, County of San Diego, State of California and is more particularly described as follows, to wit: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A". AND PLAT EXHIBIT "B" MADE A PART HEREOF) GRANTOR, its 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 area 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, successors, and assigns shall not dig or drill any hole or wells within on any portion of the easement- area GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement area. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora, from within said easement area, 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 thies- easement area or otherwise burdening or affecting this easement without obtaining the prior written consent of GRANTEE. Recording requested by Chicago Title Company -SD WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 THIS DOCUMENT HAS BERN ELECTRONICALLY RECORDEq. RRk THE ATTACHED COVER PAGR FOR RECORDING INFQAMATI0M )ace for Recorder's Use GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Damarus-Moore Limited Partnership, a California Limited Partnership (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the easement and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline, and pipelines and appurtenances thereto, 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 the 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 real property_encompassing this easement area is situated in the City of Poway, County of San Diego, State of California and is more particularly described as follows, to wit: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A" AND PLAT EXHIBIT "B" MADE A PART HEREOF) GRANTOR, its 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 area 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, successors, and assigns shall not dig or drill any hole or wells within on any portion of the easement- area GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement area. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora, from within said easement area, 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 thiea easement area or otherwise burdening or affecting this easement without obtaining the prior written consent of GRANTEE. Grant of Water Easement / APN: 277-020-24 Page 5 GRANTEE may at any time increase its use of the easement and the resulting burden on the servient tenement, without changing the purpose of such use, change the location of facilities within the boundaries of the easement right-of-way, or modify the size of 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 "GRANTEE, either directly or through its contractors, agrees return the roadway surface above and abutting the easement area to its original condition, or otherwise repair any damage to the roadway surface caused by GRANTEE following any maintenance or repair of pipelines and appurtenances located the easement area, or the increased use of the easement area described in the preceding paragraph of this Grant of Easement." 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 area that exist 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 its terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this �2 day of kk e 2018. OWNER: Damarus-Moore Limited Partnership, a California Limited Partnership By: Poway Rodeo Inc, A California Corporation Its General Partner By: Tommy L. Moore, its President 1^_ Date: (Signature Must Be Notarized) Grant of Water Easement / APN: 277-020-24 Page 6 By: Pamela Damarus-Moore, its Vice President `-6Ck�YTL.e� Approved as to Form: Office of the City Attorney ntm/"" t Date: 3 Z l Alan Fenstermacher, City Attorney Grant of Water Easement / APN: 277-020-24 Page 3 CERTIFICATE OF ACCEPTANCE Grant of Wafer Easement APN: 277-020-24 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in the attached document dated: Ma rch I.1 , j-01 K from Damarus-Moore Limited Partnership, a California Limited Partnership, (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. 17-007 adopted on April 18, 2017. Dated: s a CITY OF POWAY Seal: By: Zkxz�7 JZO Obert J. Ma is Director of Development Services ACKNOWLEDGMENT PAGE TO BE ATTACHED TO THE FOLLOWING DOCUMENT: Grant of Easement STATE OF Idaho, COUNTY OF Ada, -ss. On this 12th day of March, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Tommy L. Moore and Pamela Damarus-Moore, known or identified to me to be the person whose name are subscribed to the within instrument, as the President and Vice President, respectively, of Poway Rodeo Inc. y and acknowledged to me that he executed the same as such President an Vice President Sig Fa ure: Name: Cynthi enscheid °,,.�s•a•.,,,� peading in Boise, Idaho overation date: 05/20/202 Notary Acknowledgment - General SSCORPD1863.doc /Updated: 08.03.16 o° Uk Rc C� 110TAR 013L1C� O P 1n ° •�tq.... pP°t Printed: 03.70.18 @ 10:35 AM by CH ID-FT-FXEA-03460.211389-Cynthia-Net Sheet EXHIBIT `A' WATER EASEMENT APN 277-020-24 ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP No. 12471, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 13, 1982 AS FILE No. 82-380174 OF OFFICIAL RECORDS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 20.00 FOOT WIDE STRIP OF LAND, THE CENTERLINES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SOUTH 88°29'52" WEST (NORTH 88°29'52" EAST PER PM 12471) 94.91 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01030'08" WEST 22.00 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH THE SAID SOUTHERLY LINE, SOUTH 88°29'52" WEST 18.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `A'; THENCE CONTINUING SOUTH 88°29'52" WEST 112.96 FEET TO THE BEGINNING OF A CURVE; CONCAVE SOUTHERLY, HAVING A RADIUS OF 902.00 FEET; THENCE WESTERLY 199.60 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12040'44" TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL 4, SAID INTERSECTION BEING THE POINT OF TERMINUS. TOGETHER WITH A 20.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINBEFORE MENTIONED POINT `A'; THENCE SOUTH 01030'08" EAST 22.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL 4, SAID INTERSECTION BEING THE POINT OF TERMINUS. EXCEPTING THEREFROM THE OVERLAPPING PORTION PREVIOUSLY DESCRIBED ABOVE. THE SIDELINES OF SAID STRIPS SHALL BE PROLONGED OR SHORTENED TO TERMINATE AS FOLLOWS: ON THE SOUTH AND WEST: IN THE SOUTHERLY LINE OF SAID PARCEL 4. ON THE EAST; IN A LINE PERPENDICULAR TO THE SOUTHERLY LINE OF SAID PARCEL 4 WHICH RUNS THROUGH THE POINT OF BEGINNING. CONTAINS 6,817.27 SQ. FT. MORE OR LESS THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF PARCEL 4 OF PARCEL MAP No. 12471. i.e. NORTH 88°29'52" EAST PREPARED BY: D u y K. Y��`Y x/11 A$ a Frederick R. LePage, PLS 7524 _ N0.7524 P.O.C. SE CORNER OF PARCEL 4 OF PM 12471 �O li EXISTING 28' WIDE IRREVOCABLE OFFER OF DEDICATION I ---i ! TO THE CITY OF POWAY RECORDED 10/08/1982 IN FILE/PAGE No. 82-310309 O.R. I ------------ OAK TRAIL LANE (NO0005'49"W 565.96' PM 12471) PARCEL 3 PM 4152 WATER EASEMENT - IN PARCEL 4 OF PARCEL MAP No. 12471 DIMENSIONS LAND SURVEYING 8 MAPPING 782 SUNNY HILLS CT. RAMONA. CA 92065 PH 760 525-1975 flepage@cox.net DATE: 2/21/18 SCALE: 1" = 80' BY: FRL SHEET I OF I EXHIBIT 'B' WATER EASEMENT PLAT o F APN 277-020-24 n 7 �I — EXISTING 8' WIDE EASEMENT FOR EQUESTRIAN AND PEDESTRIAN v m 1 TRAIL GRANTED TO THE CITY OF POWAY RECORDED 11/24/1962 ; n 11 I IN FILE/PAGE No. 82-363065 O.R. N n x O Z ' No 0 v� EXISTING 40' WIDE PRIVATE ROAD EASEMENT RECORDED 12/15/1980 IN FILE/PAGE No. 80-421140 O.R. � I 1 N 1 1 'YII1Z1,,,� 11 10' 52 N1 qa WATER EASEMENT II AREA = 6.817.27 S0. FT. 1 11 III EASEMENT DATA TABLE II 11� 10 S88°29'52"W 94.91' ® N01°30'08"W 22.00' z (3) S88°29'52"W 18.00' O;4Q S88°29'52"W 112.96' '10'SQ R=902.00' 0=12°40'44" L=199.60' 10' 20' © S01°30'08"E 22.00' N 1 rn I n I 1 n v 0 N01°30'08"W(R) I _ --- --I �� PARCEL 4 OF PARCEL MAP No. 12471 m .a _ __ I , �' APN: 277-020-24 N D p n 1 1 II v m n I Z O f J v I 4 p N EXISTING PRIVATE ACCESS AND UTILITY EASEMENT a a s 1 �� RECORDED 7/06/2016 AS Doc. No. 2016-0335396 O.R. N N © o I I' POINT 'A' a �0 II P.O.B. WATER EASEMENT P.O.C. SE CORNER OF PARCEL 4 OF PM 12471 �O li EXISTING 28' WIDE IRREVOCABLE OFFER OF DEDICATION I ---i ! TO THE CITY OF POWAY RECORDED 10/08/1982 IN FILE/PAGE No. 82-310309 O.R. I ------------ OAK TRAIL LANE (NO0005'49"W 565.96' PM 12471) PARCEL 3 PM 4152 WATER EASEMENT - IN PARCEL 4 OF PARCEL MAP No. 12471 DIMENSIONS LAND SURVEYING 8 MAPPING 782 SUNNY HILLS CT. RAMONA. CA 92065 PH 760 525-1975 flepage@cox.net DATE: 2/21/18 SCALE: 1" = 80' BY: FRL SHEET I OF I