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Grant of Easement General Utility 1993-0554185 : RECORDED REQIIEST OF fiRST N{ Nt TrI\.! CO, ~ . RECORDING REOOESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POW A Y P.O. BOX 785 POWAY, CA 92064 2033 1'\' ... 4 f'\9' Or:r:! ~ Ii!: It> H 1"-1 "\- I I 1H \ 0 ' !..I'--_ n ...[ ....t "'...0....,..... ..~ 1- 1 9n-'l' ... 0"" Ci::" Ht*-- trl 25-ALb-.c- o' Y;) 1. ',e'" __~"_l ')' OFFICIAL P,ECORDS SAN DIEGO COUNTY RE=QRD~R'S DF~I[E - ANNETTE EVANS, CDUNTY RECORDER FEES: i), )0 NA / (This space for Recorder's use) This document affects APN 317,280,06 and 323,090-23 A"""""''''' ,"""'" II ....~""''' GRANT OF EASEMENT '''''''''''''..ilWilUihi~<L,~: C:UY GENERAL UTILITY TECH BUSINESS CENTER, A CAliFORNIA GENERAL PARTNERSHIP (Hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE") its successors, or assigns, the following described easement for a right,of,way varying in width, in, upon, over, and across the lands described below, 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, aiong, over, and under the right-Df-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 routes in, upon, over or across the iand 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 situated in the County of San Diego, State of California, and is more particuiarly described as follows, to wit: Portions of the Southeast Quarter of the Southeast Quarter of Section 24, Township 14 South, Range 2 West, and portions of Lot 4, Section 19, Township 14 South, Range 1 West of the San Bernardino Base and Meridian, City of Poway, County of San Diego, State of California. Said easement or right,of,way in the aforesaid lands is particuiarly described as follows: (See attached Legal Description as Exhibit "A" and Parcel "B" of Exhibit Plat as Exhibit "B") 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 without the express written approval of the City of Poway as evidenced by the signature of the Director of Public Services on an approved plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) Witness my hand and official seal. Bothwell International, Ltd. ~/~dJ' ~././~f" Techbilt Constructlon Corp. Title or Type of Document Grant of Easement ( General Utili tv) Number of Pages 4 Da.. of Document August 4, 1993 Signer(s) Other than Named Above STATE OF CALIFORNIA} SS COUNTY OF SAN DIEGO Notary Public orf\.uqust 4, 1993 beforeme,Elizabeth J. Boulerlce, personally appeared Np.vtll e F. Bothwell and Paul K. Tchang Cl personally known to me .OR- [J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are crlbed to the within instrument and ac- edged to me that he/shelthey executed same in his/her/their authorized capa- jas), and that by his/her/their sign- 9(S) on the instrument the person(s) e entity upon behalf of which the person(s) , executed the instrument. THIS CERTIFICATE MUST BE A TI ACHED TO THE OOCUMENT DESCRIBED AT RIGHT. 2033 CAPACITY CLAIMED BY SIGNER D INDIVIDUAl(S) D CORPORAlE OFFICER{S) ISI PARTNER(S) D A TIORNEY ,IN.FACT D rnUSlEE(S) D SUBSCRBING WITNESS D GUARDIAN CONSERVATOR [] OlHER TITlE(S) 2034 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, GRANTEE shall be entitled to partition, assign, joint venture, or shall 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 determine in its sole discretion from time to time without paying any additional cDmpensation to GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand the use of its 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 easements 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 commences, 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 Dfficer having the 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 4th day of August, 1993. TECH BUSINESS CENTER Paul K. Tch n This is 10 C4lrtify that the int.,c,,' i t ,; ,~" by the deed or grant doted fi--I-'f.3 fro'" ikLl- .b'41~ a,. ~"-- , e. of Poway, a pOlitical corporatien and/or' ;0 the vI-'U is hereby Itcepted b th . iIllefnme.:a1 agency h . , ",. . 0 y . e undersigned off'cer or llg2nt en bo- ai, d l<,e Crt) ,<l~n",1 .ursuant to I.t.......' !err Re'o'utlM I., , , '~"1 con ad by . 'T. .," .. .r,~ptcd on J.n.8ry 20 198 graR'ee co '. , , ,I and the , ' nle'''' ..; r",,,dation theraof by its dulvlute 'zad offIcer, ' ,,011 By: Techbilt By: Bothwell International, Ltd. rl~ 7-- - \ Neville F, Bothwell, General Partner (Signatures must be notarized. Notary form attached.) . Dated: 8-:,)If-'13 ~~ 203G W.O. 88,052,1 August 3, 1993 EXHIBIT "A" LEGAL DESCRIPTION OF GENERAL UTILITY EASEMENT PARCEL "B" A portion of the Southeast quarter of the Southeast quarter of Section 24, Township 14 South, Range 2 West and a portion of Lot 4 of Section 19. Township 14 South, Range 1 West. San Bernardino Base and Meridian, City of Poway, County of San Diego, State of California, more particularly described as follows: Comencing at the Northeast corner of the said Southeast quarter of the Southeast quarter of said Section 24, being on the centerline of Scripps,Poway Parkway and being on the southerly boundary of City of Poway Tract 87-13, Unit No, I. according to the Map thereof No, 12556. recorded February 8, 1990 in the Office of the County Recorder of San Diego County, thence North 87039'01" West. 1286.45 feet along said southerly boundary, thence departing said southerly bDundary South 2020'59" West, 63,68 feet to the TRUE POINT OF BEGINNING. thence South 3030'46" East, 10,00 feet, thence North 86029'14" East, 84.36 feet to the point of curvature of a tangent 289,50 fODt radius curve, concave southerly. the center of which bears South 3030'46" East. thence along said curve 29,62 feet through a central angle of 5051'45" to a point of tangency which bears North 2020'59" East from the center. thence South 8r39'OI" East, 1172,83 feet. thence South 88019'17" East, 894,77 feet. thence North 1040'43" East. 10,00 feet, thence North 88019'17" West. 894,71 feet, thence North 87039'0 I" West, 1172,77 feet to the point of curvature of a tangent 299.50 foot radius curve. concave southerly. the center of which bears South 2020'59" West, thence along said curve 30.65 feet through a central angle of 5051'45" to a point of tangency which bears North 3030'46" West from the center. thence South 86029'14" West, 84,36 feet to the TRUE POINT OF BEGINNING. Said Parcel "B" contains 0,5009 acres. more or less. This legal description (Exhibit "A") and plat labeled Exhibit "B" attached hereto and made a part of this legal description was prepared by me or under my direct' Hi! elmar. R.C,E, 33589 Registration Expires 6-30-94 ,0$"1"-,", 7.,~"'''':'.N J' ! ~~\~~ . ~ ~ 1/l~Y 510 .. 'c4 0;;; , if> q ~ <r ~ ~ .-. 't-' ~ . ~ ~ 'fi oJ I \,). ~ <r \0 "0 ;:.:l ..-/' ..-/' U\ U\ 4- ooI'l % ~. %. ..II'l ~ Jl: ->-. "'~..IIc"~6 '0 0~~ ~'" fnl f- - OJ I X W -- ';:. 7-. ?~ U'\ cnc4 '"i-- ~6 ''G7-. ~ ~~ \-''$ ~ ~ \:l-< o 2 uJ o ~ '0 ~ ~ ~ 5 Ii l!r ~ ~ ~~ ~ ~~ f~~ ~ , ~ '" f' ~ r~ ~~ 3.~ 5 ~ ~~ t. ~..... - ~ ~' , \. \. .... ".'. 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