Grant of Easement General Utility 1993-0174232
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EECOBDED REQUEST OF FI.ESTAMERICAN TITLE
-'" .sUBDIVISION MAPI 1 DEPARTMIlN~ /'
RECORDING REQUESTED BY:
1077
D~ U 1993-0174232
22-MAR-1993 11:19 AM
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92D74-07B9
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(This
OFFICIAL RECORDS
SAH DIEGO COUHTY RECOROER'S OFFICE
AHHETTE EVAHS, COUHT~ RECORDER
FEES: 0.00
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
Space for Recorder's Use)
This document affects APN
317-280-06
GRANT OF EASEMENT
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, under, and across the lands described
below, to erect, construct, reconstruct, replace, repair, maintain, ana use
a pipeline or pipelines for any and all purposes, together with such fix-
tures and appurtenances, 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 compen-
sation 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:
PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24.
TOWNSHIP 14 SOUTH, RANGE 2 WEST OF THE SAN BERNARDINO BASE AND MERIDIAN,
CITY OF POWAY, COUNTY OF SAN DIEGO, S'TATE QF CALIFORNIA.
Said easement of right of way in the aforesa1d lands 1S particularly
described as follows:
(SEE EXHIBIT "A" AND "B" PARCEL "E")
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.
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1078
'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, 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 loca-
tion 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 p~ying
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 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 liti-
gation is commenced, or if any arbitration proceeding, administrative pro-
ceeding or litigation in law or in equity, including an action for
declaratory relief, is brought to enforced 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 5TH
day of FEBRUARY , 19 93
"
r This Is to certify t~at the interest in real property r.,nvllJed
r '" the deed or grant datod ~ - S -"i l. fro",lecA-
I '&~"ll,.(". (!.Uf..- In the t'.!y
01 Poway, a political corporation and/or auvemmentalapncy
is hereby accepted by the undersigned officer or agent on ~
half of the City Council pursuant to authorilJ conferred '"
Resolution rlo. 34 adopted on January 20, 1981 and the
graRtee consents to recordation thereof by its dul, autfrorilld
officer.
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TECH BUS
!y: Tecp
By:
CENTER
struction Corp.
By: Bothwell International, Ltd.
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BY:tJ. Neville F. Bothwell, General
Partner
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
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OnMarch 11.1CJCJ:J belore me, Elizabeth ,1 Rn1l1pri,..p Notilry Pllhli,..
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared
Paul K. Tchang ilnd Neville F. Bothwell
NAME(S) OF SIGNER(S)
Il9 personally known to me - OR - 0 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 ac-
knowledged 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.
OFFICIAL SEAl
ELIZA, BETH J, BOULERICE
NOTARY PUBLIC-CAlIFORNIA
SAN DIEGO COUNTY
My Commission Expires
JANUARY 18,1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
WITNESS my hand and official seal.
Ai
,
No. 5193
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
~ PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Tech Business Center
OPT NAL SECTION
TITLE OR TYPE OF DOCUMENT Grant of Easement General Utility
NUMBER OF PAGES 5 DATE OF DOCUMENT 2/5/93
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P,O. Box 7184. Canoga Park, CA 91309-71
'1080
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EXHIBIT "A"
POWAY CORPORATE CENTER - UNIT 1 OFFSITE
PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 14 SOUTH, RANGE 2 WEST OF THE SAN BERNARDINO
BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS,
PARCEL "E" - TECH CENTER DRIVE - GENERAL UTILITY EASEMENT
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 24; THENCE ALONG THE NORTHERLY LINE
THEREOF SOUTH 87. 39' 01" EAST 59.79 FEET; THENCE LEAVING SAID LINE
SOUTH 02. 20' 59" WEST 63.68 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 03. 29' 39" EAST 10.00 FEET TO A POINT ON THE ARC OF
A NON-TANGENT 24.50 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A
RADIAL TO SAID POINT BEARS NORTH 03. 29' 39" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 86. 38' 18" A DISTANCE OF 37.05 FEET; THENCE TANGENT TO SAID
CURVE SOUTH O. 07' 57" EAST 1211.31 FEET TO THE SOUTHERLY LINE OF
SA I D SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECT I ON 24;
THENCE ALONG SAID LINE NORTH 87. 21' 10" WEST 10.01 FEET; THENCE
LEAVING SAID LINE NORTH O. 07' 57" WEST 1210.82 FEET TO A TANGENT
34.50 RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT
BEARS SOUTH 89. 52' 03" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF
SA I D CURVE THROUGH A CENTRAL ANGLE OF 86. 38' 18" A D I ST ANCE OF
52.17 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.288 ACRES, MORE OR LESS.
PARCEL "F" - TECH CENTER DRIVE - STREET DEDICATION
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 24; SAID CORNER ALSO. BEING THE TRUE
POINT OF BEGINNING, THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH
87. 39' 01" EAST 59.79 FEET; THENCE LEAVING SAID LINE SOUTH 02. 20'
59" WEST 63.68 FEET TO A POINT ON THE ARC OF A NON-TANGENT 34.50
RADIUS CORVE. CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS
NORTH 03. 29' 39" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 86. 38' 18" A DISTANCE OF 52.17
FEET; THENCE TANGENT TO SAID CURVE SOUTH O. 07' 57" EAST 1210.82
FEET TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 24; THENCE ALONG SAID SOUTHERLY LINE
NORTH 87. 21' 10" WEST 24.53 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE ALONG THE WESTERLY LINE THEREOF NORTH O. 07' 57" WEST
1310.28 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.793 ACRES, MORE OR LESS.
1081
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EXHIBIT "A"
POWAY CORPORATE CENTER - UNIT 1 OFFSITE
PARCEL "G" - DRAINAGE EASEMENT
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 24; THENCE ALONG THE NORTHERLY LINE
THEREOF SOUTH 87" 39' 01" EAST 59.79 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID LINE, SOUTH 87" 39' 01"
EAST 26.90 FEET; THENCE LEAVING SAID LINE SOUTH 02" 20' 59" WEST
70.98 FEET; THENCE SOUTH 86" 30' 21" WEST 26.02 FEET; THENCE NORTH
03" 29' 39" WEST 10.00 FEET; THENCE NORTH 02" 20' 59" EAST 63.68
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.045 ACRES, MORE OR LESS.
THESE LEGAL DESCRIPTIONS (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
"B" ATTACHED HERETO AND MADE A PART OF THESE LEGAL DESCRIPTIONS
WERE PREPARED BY ME OR UNDER MY DIRECTION.
/
G'~_U_ "'''
EXP. DATE 3-31-93
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