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Grant of Easement Water Pipelines & Appurtenances 1992-0574475 s- 'i1{:CORDED AT THE REQUEST o.F. CHICAGO TITlE CO. 2189 DOC U 1992-0574475 10-SEP-1992 08=57 AM OFFICIAL RECORDS SAH DIEGO COUHTV RECORDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER FEES: 0.00 HA " - i .~ CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074 0789 ) ) ) ) ) ) ) ) ) ) (This space for Recor4er's Use) DOCUMENTARY TRANSFER TAX -0- , I CITY OF POWAY AND WHEN RECORDED MAIL TO: 9~l./ 9~i-\3 This document affects APN 317-280-43 and 44 )' GRANT OF EASEMENT Water Pipelines and Appurtenances MISSION-DAI 1, (hereinafter "GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its successors, or assigns, the following described easem,nt for a right of way in, upon, over, under, and across the lands described be1ow, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, ati such locations and elevations, upon, along, over, and under the right of way deschbed 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 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 situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: Parcels 101 and 102 of Parcel Map 16320 in the City of Poway, County of San Diego, State of California, according to map thereof, recorded December 10, 1990 as File No. 90-655448. Said easement of right of way in the aforesaid lands is particularlly described as foll ows: See Exhibits A and 8, 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, or, plant any tree or trees or pl ant any other vegetation or flora wi thi n said easem~nt without the express written approval of the City of Poway as evidenced by the signature of the Director of Engineering Services on an approved plan. GRANTOR, it heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. . . 2190 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 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, t~erefor. 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. I 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 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 an4 the GRANTOR's heirs, successors, or assigns, shall not increase or decrease, or permit to be increased or decreased, the exi st i ng ground e 1 evat ions of the above desqri bed easements which exists at the time this document is executed, without obtaining tne 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 ,;r 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 thi s Easement thi s September , 1992. . 3rd day of fThis is to certify that the interest in IeII property I:-,n_ , by the deed or grant dared y- 3 - 9.;2 frOIll fVJj. ~ ~~u /JI1:r - r to the Gi:\"t of Powey, a political corporation and lor governmental agency is hereby accepted by the undersigned officer or agent on be- half of the City Council pursuant to <uthority conferred by Resolution No, 34 adopted on Januar} 20, \98\ and the (raAtee consents to recordation thereof by its duly authorized officer, ~!~ MISSION DAI-I ,. ~, Dated: "t -~ -4 ?- I!f "-on~ l{..7llo.Av.~ 'u PARTNERSHIP ACKNOWI.EDGEMENT State of California County'of San Diego . ..~ . ~ ..:-:& OFrJCIAL SEAL ( " THERESA M, CALLANAN t Q . I;) NOTARY PUBLIC-CALIFORNIA ~ . J FRINC1PAl OFFICE IN ~" D.~'./ SAN DIEGO COUNTY My Commission ExpIres March 26. 1993 - ~ .u __. _ 2191 On )SS. ) this the 3rd day of September . 19~, before me, Theresa M. Callanan the undersigned Notary Public, personally appeared Mike Ibe [] personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(s) who executed the! within instru- ment on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. '1~D'OM .'n\..~ Notar 's Si nature ~ 2192 EXHIBIT "A" PUBLIC WATER UTILITY EASEMENT Portion Of Parcels 101 And 102 Of Parcel Map 16320 in the city Of Poway, County Of San Diego, State Of California, According To Map thereof, Recorded December 10, 1990 As File No. 90-655448, Described As Follows: Beginning at the most Southerly Corner Of Said Parcel 101 said point being on a 324.50 foot radius curve concaved southeasterly, the bearing from the center of said curve bears North 63022'13" West; thence Nortfheasterly along said curve thru a central angle of 08009'24" a distance ,of 46.20 feet; thence North 39045'33" West a Distance of 10.36 Feet to thie TRUE POINT OF BEGINNING said point being on the Northwesterly line of a 10.00 foot General Utility Easement as Dedicated Per Parcel Map 16320; thence North 39045'33" West 46.32 feet; thence North 50014'27" East 188.09 feet; thence North 39045'33" West 33.00 feet; thence South 50014'27" W~st 20.00 feet; thence South 39045'33" East 13.00 feet; thence South 50014'27" West 142.56 feet; thence North 39045'33" West 27.42 feet; thence South 50014'27" West 25.53 feet; thence North 39045'33" West 273.91 feet; thence North 50014'27" East 39.67 feet; thence North 39045'33" West 20.00 feet; thence South 50014'27" West 39.67 feet; thence North 39045'33" West 170.85 feet; thence North 05001'27" East 102.14 feet; thence North 50015'01" East 461.39 feet; thence South 85007'24" East 107.03 feet; thence South 39045"33" East 341.19 feet; thence South 09017'24" East 153.12 feet; thence South, 80042'36" West 4.99 feet; thence South 09017'24" East 20.00 feet; thence ~orth 80042'36" East 4.99 feet; thence South 09017'24" East 119.33 feet,; thence South 54047'15" West 116.85 feet; thence South 02034'00" East 56~49 feet to the North Line of the 10' General Utility Easement as Dedicated on Parcel Map 16320; thence Along Said North Line North 87026'00" East 20.00 feet; thence North 02034'00" West 45.56 feet; thence North 54047'15" East 118.42 feet; thence North 09017'24" West 310.42 feet; thence North 39045'33" West 46.62 feet; thence North 50023'47" East 36.94 feet; thence North 39036'13" West 20.00 feet; thence South 50023'47" West 36.99 feet; thence North 39045'33" West 288.38 feet; thence North 85007'24" West 123.60 feet; thence South 50015'01" West 10.35 feet; thence North 39045'33" West 26.95 feet; thence South 50014'27" West 20.00 feet; thence South 39045'33" East 26.94 feet; thence South 50015'01" West 279.27 feet; thence North 39044'59" West 17.43 feet; thence South 50014'27" West 42.18 feet; thence South 39045'33" East 17.42 feet; thence South 50015'01" West 126.12 feet; thence South 05001'27" West 95.57 feet; thence North 84058'33" West 26.64 feet; thence South 05014'27" West 20.00 feet; thence South 84058'33" East 23.60 feet; thence South 39045'33" East 477.42 feet; thence South 50014'27" Wast 14.08 feet; thence South 39045'33" East 20.00 feet; thence North 50014'27" East 14.08 feet; thence South 39045'33" East 79.77 feet to the Northwesterly line of a 10.00 foot general utility easement as dedicated per Parcel Map 16320, said point being on a 334.50 foot radius curve concaved southeasterly, the bearing from the center of said curve bears North 58019'10" West; Thence northeasterly along said curve thru a central angle of 3034~43" a distance of 20.89 feet to the TRUE POINT OF BEGINNING. ~!I)P~ Herman W. 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