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Grant of Easement General Utility 1993-0174232 () f) 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 ) ) ) ) ) ) ) I ) ) ) (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. __n~ .~. 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. ~ . ,...... '. ",.;:'1":,0;;.... ";,~:, - ,~:!j;:>i(."",--"'f~,;"I~1"'''''' I Dated: ~v ltj -, ~ .. nt~~1 J\J~ TECH BUS !y: Tecp By: CENTER struction Corp. By: Bothwell International, Ltd. vI~~ - BY:tJ. Neville F. Bothwell, General Partner CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of San Diego } 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 .' r 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 '..~ ; 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 ~ .;.~, ' . . ~, i ~ m ~ ~~ !l !!! 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