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Grant of Easement for Water Lines and Appurtenances 1981-266223 ' I • ) 14iv RECEIVED TRANSAMERICA TITLE INSURANCE COMPANY SEP 9 1981 81-266223 L 7 7�7 RECORDING REQUESTED BY: GE NO. JL[+F�3 erre OF Pn1AJAV FILEIPAGE N0. • BOOK 1981 CITY OF POWAY RECORDED REQUEST OF TRANSAME1tRICA TITLE CO. AUG2 WHEN RECORDED MAIL TO: 2 0 8:00 AM'Sl , NAME City of Poway OFFICIAL RECORDS SAN DIEGO COUNTY CALIF, STREET 12324 Oak Knoll Road .VERA L. LYL� ADDRESS RECORDER • CITY Poway STATE California - ZIP 92064 This space for Recorder's use NO FEE 27947 Title Order No. NO DOCUMENTARY TRANSFER TAX NO E,EE Tax Parcel No. 317-130-47 GRANT OF EASEMENT FOR WATER LINES AND APPURTENANCES MIDLAND POWAY DEVELOPMENT, a Joint Venture composed of Waldorf Associates , a Texas Limited Partnership, and Scripps Business Park Associates, a California General Partnership (hereinafter "GRANTOR") hereby grants to ,.UY OF PQWA`( (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way XXXXXXXXXXX EXAM/i XX•M( in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repatl,, 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 transmission and communication purposes, 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 the easement by a practical route or mutes 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. San Diego The land encompassing this easement is situated in,the County of State of California, and is more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FILE Doc. ,# 3941 Copy 70 J . PenzanAlet 9/15/8/ v_ mRRT • '' • ® " 1452 • • Said easement of right of way in the aforesaid lands is particularly described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND 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 on, over or under any portion of the easement, nor shall GRANTOR, its heirs, successors, or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of the easement. GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the public as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR'S heirs, successors, or assigns, therefor. 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. GRANTEE may at any time increase its use of the easement, change the location of pipelines or other facilities within the boundaries of the easement right of way, or modify the size of existing pipelines or other improvements as it may deter- mine 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 dei scribed 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 pro- ceeding, adminstrative 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 au- thority to make this determination. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. Q 3111 Witness Wljfffo _ _l, the GRANTOR has executed this Easement this_�_lt day ofY j k___ , 19"-I--�. Executed in the Presence of: Witness. • I • Witness. D/ - DRAWN27947 BY CHECKED BY ACCT. NO. SD-P03-308-00 DATE August 10, 1981/mb BEC (C)—R/W(80) _ _ TO 1a45 CA (0.711) (Partnership) 01 TTNOT1E INSURANCE STATE OF CALIFORNIA • 1 4 5 3 AN ���� } AnCONOWS wr COUNTY OF d On ��.�J.A�._ \\ :C� \ T , be a • me, the undersign ayary Public in and for said State, personally appeared Ida w known to me J to be err-4k of the partners of the partnership "'—' . .{ ethat executed the within instrument,and acknowledged to me �� OFFICIAL SEAL 1 that such partnership executed the same. a _.r�.js;;. Elizabeth Jean Lawrence WITNESS my hand and official seal. to . yp• NOTARY PUBLIC.CALIFORNIA 4� v• PRINCIPAL OFFICE IN SAN DIEGO COUNTY ` —}� �,� My Commission Expires May 17. 1985 Signature O�AT�. Vi SVENtik5st„. (Tb).arca for official notarial seal) ♦. • 1454 CERTIFICATE OF ACCEPTANCE I , ROBERT W . MEISSNER, as ACTING DIRECTOR OF PUBLIC SERVICES and agent for CITY OF POWAY , make the following certification on its behalf: This is to certify that the interest in real property • conveyed by the deed or grant dated August 10 , 1981 from MIDLAND POWAY DEVELOPMENT, a Joint Venture composed of Waldorf Associates , a Texas Limited Partnership , and Scripps Business Park Associates , a California General Partnership 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 I . pursuant to authority conferred by RESOLUTION NO . • 34 adopted on January 20 , 1981 and the grantee consents to recordation thereof by ijts duly authorized officer or agent . DATED : August 14 , 1981 . CITY OFPOWAY B Y : PAC v" . \ Robert W . Meissner , Acting Director of Public Services • 1455 • • • • EXHIBIT "A" • That portion of Parcel 3 of Parcel Map No. 1675, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 28, 1973, as File No. 178786 of Official Records lying Westerly _ of the Southerly prolongation of the Easterly line of the Westerly 60.00 feet of Parcel 2 of said Parcel Map No. 1675 together with the Easterly and Northerly 50.00 feet of Parcel 4 of said Parcel Map No. 1675, being a portion of the Southeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range . 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11 . 1879. EXCEPTING therefrom that portion described as follows : That portion of Parcel 3 of Parcel Map No. 1675, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 28, 1973, as File No. 178786 of Official Records , lying between the Southerly prolongations of the Easterly and Westerly lines of the Easterly 50.00 feet of the Westerly 60.00 feet of Parcel 2 of said Parcel Map No. 1675, being a portion of the Southeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11 , 1879. • • • • • • • R/W #27947 • • 145s 41) • • EXHIBIT "B" • Parcel 1 : All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the Northerly line of said 20.00 foot wide strip of land being parallel with, and distant 15.00 feet Northerly, measured at right angles, from the following described line: • Beginning at the Southeast corner of the Northerly 22.00 feet of the Westerly 10.00 feet of said Parcel 3; thence 'along the Southerly line of said Northerly 22.00 feet, South 88°34'21 " East 173.83-feet to. a point hereinafter referred to as Point "A"; thence continuing along said Southerly line,. South 88°34'21 " East 41 .13 feet to a point hereinafter referred to as Point "B"; thence continuing along said Southerly line, South 88°34'21 " East 295.0u• feet to • • a point hereinafter referred to as Point "C"; thence continuing South 88°34'21 " East 70.06 feet to the Westerly line of the Easterly 10.00 feet of the property described in Exhibit "A" herein. • The sidelines of the 20.00 foot wide strip of land described in Parcel 1 above shall be prolonged or shortened as necessary so as to terminate on the East and West in the Easterly and Westerly lines of said property described in Exhibit "A". Parcel 2: • All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the center line of said 20.00 • foot wide strip of land being described as follows: • Beginning at the point designated in Parcel. 1 above as Point "A"; thence South 1 °25'39" West 41 .00,feet. Parcel 3: • • All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 25.00 feet of even width, the center line of said 25.00 foot"- wide strip of land being described as follows: Beginning at the point designated in Parcel 1 above as Point "B" ; thence North 1 °25'39" East 22.00 feet to the Northerly line of said Parcel 3 of Parcel Map No. 1675. Parcel 4: • All that portion of-said Parcel 3 of Parcel Map No. 1675 included within a strip of land 25.00 feet of even width , the center line of said 25.00 foot wide strip of land being described as follows: Beginning at the point designated in Parcel l above as Point "C"; thence North 1 °25'39" East 22.00 feet to the Northerly line of said Parcel 3 of Parcel Map No. 1675. • ---continued--- Page 1 of 3 R/W #27947 4 1457 4 • EXHIBIT "B" continued--- • • Parcel 5: - • All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00-feet of even width , the center line of said 20.00 foot wide strip of land being described as follows: Beginning at the Easterly terminus of the line described in Parcel 1 above, being a point on the Westerly line of the Easterly 10.00 feet of the property described in said Exhibit "A"; thence along said Westerly line, South 4°55'04" West 261 .26 feet to a point hereinafter referred to as Point "D" ; thence continuing along said Westerly line, South 4°55'04" West 183.14 feet to a point hereinafter referred to as Point "E"'; thence continuing along said Westerly • line, South 4°55'04" West to the Southerly line of said Parcel 3 of Parcel Map No. 1675. Parcel 6: • All that portion of said Parcel 3 ofjParcelMap No. 1675 included within a strip of land 20.00 feet of even width, the center line of said 20.00 foot wide strip of land being described as follows: Beginning at the point designated in' Parcel 5 above as Point "D"; thence North 85°04'56" West 40.00 feet. ' • Parcel 7: All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the center line of said 20.00 foot •wide strip of land being described as follows: • Beginning at the point designated in Parcel 5 above as Point "E"; thence North 85°04 '56" West 52.00 feet. Parcel 8: All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the center line of said 20.00 foot wide strip of land being described as follows: Beginning at the Southeast corner of the Northerly 22.00 feet of the Westerly 10.00 feet of said Parcel 3 of Parcel Map No. 1675; thence along the Easteoly line of said Westerly 10.00 feet, South 4°55'04" West 302.24 feet; thence South 88°34'21 " East 213.53 feet to a point hereinafter referred to as Point • "F"; thence continuing South 88°34'21 " East 128.50 feet. • • • • • • ---continued--- Page 2 of 3 R/W #27947 • ® 1458 • . EXHIBIT "B"continued--- Parcel 9: All that portion of said Parcel 3 of Parcel Map No. 1675 included within a strip of land 20.00 feet of even width, the center line of said 20.00 foot wide strip of land being, described as follows: Beginning at the point designated in Parcel 8 above as Point "F"; thence South 1 °25'39" West to the Southerly line of said Parcel 3 of Parcel Map No. 1675. • • • • • Page 3 of• 3 R/W #27947 ® 1459 • • N. N PAR. l 1 W U • 'u m i PARCEL 3R .N NLY LINE OF N' /O it PARCEL 3 pr A M- 2 __ 17283#----- e} ZI . 25, ` i 1 N r S8B 34.21 E /��������� __ --_ - 295.00• • 1 I "'�' / PT. ".0 '#I • /0 • • a4 ' • hl 201V ��o \ 10�� I to Iw_ 19 S I� NoO /ti -1 1 .. . .... . .. � 01 SEX OFNEk4 SECT/ON %3, 7 /45, 8. 2W 20,90- , O N %, • ,, N85045GLV I ; :‘,1103 O ,t , o PT. F /' 588942/ E Frill)" ,%�o et h�� ` 128.50'--'. 1 //h A . r-S883421E 213.53-- �iiiii iiii riiii i ii%iiiii iii d� y - 00 // N �4 00!_ • PAR. 3NLIE WtY OF r0 � PT"E" " V 20'. %P • N850456_W '1—r 7�# • „zz Q POR. OF � r00 PAR. 3 20' �,'” /4 Nr‘ // 3 0 /O n // • :, �, N $0. PAR. 4 / #i A, 2 POWAY ROAD N //� .. /NO/GATES WATER LINE EASEMENT - . : i Project: K- MART F. H. EXTENSION • References: PLAT C.A.N. G-Poi-308-Qo of easements required by the R/W ii 27947 I City of Poway Tax Par. 317- 130-4-7 I Scx_le Er, '-ming CavParation Base Map 2 I Date: AUG. 10,.1981 I Scale: l a= /00 consuwnno anaineats i etcfRacts I I _ I