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Grant of Easement General Utility 1992-0231612 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: lJ47 ) ) ) ) ) ) ) ) (This 323-090-63 and 64 CITY CLERK CITY OF POWAY P. O. BOX 789 POWAY, CA 92074-0789 This document affects APN DOC " 1992-0231612 21-APR-1992 09=20 AM OFFICIAl RECORDS SAN DIEGO COUNTY RECOROER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: O. 00 HA Space for Recorder's Use) $-0- Documentary Transfer Fee GRANT OF EASEMENT GENERAL UTILITY Parkwa Business Centre Partners, Ltd. , (hereinafter " RANTOR" , hereby grants to CITY F 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, and 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: Lots 56 and 57 of City of poway Tract a7-13, Unit 1, Parkway Business Centre, according to map thereof No. 12556, filed in the Office of the County Recorder of San Diego County on February a, 1990, in the City of Poway, County of San Diego, State of California. Said easement of right of way in the aforesaid lands is particularly described as follows: Parcel 2 of Exhibit "A" and Exhibit "B" attached hereto and incorporated herein. 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. 348 GRANTEE may use all gates and fences which, now or later, cross any portion of th~ 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 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 ease~ent 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 WH~EOF, the GRANTO}.~as executed day of 00 , 19~. this Easement this 10 f This is to certify tHlthe intereSt In 11I1 property conttyed bylhedeedOll!llrtdmd 10-11,- '111m", P"''''-''....... ':&"\'\\'H~ 0-~. ~~,. L+-l. totheri~~ of Poway, a political corporation and/or governmental agency is hereby accepted by the under.;igned officer or agent on half of the City Council pursuant to authority conferred by Resoiution No. 34 adopted on January 20, 1981 and the grnotee consents to recordation thereof by its duly authorized officer. Dated: +1-'1 d- BY/nt) k iNbN> 1::> 349 G.~NERAl AC~NOWlEOGEMENT ~ * * * * * * * * * * * * State of * * * * * * * * * * * * * * * * * * * ~ * * * * * * * * * * * * On this the ____ day of )SS. ) 19 before me, * * County of * * * * * * * * * * * * * the undersigned Notary Public, personally appeared [] personally known to me [J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknow- ledged that executed it. WITNESS my hand and official seal. * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACt:NOWl.EDGEMENT * * * * * * * * * * * * * * * * State of /t'Li5lH///11 * . : County of ~/J /Ji'y'O * * * * * * * * * * * * * * * * * * * * * * * * On this the 11fLday of rC/J/z'U/ )SS. ~~ ) (' -'/#/1// f/?- / J ~ (;:;y /)' the undersigned Notary Public, f/'Yi:r//t. (1,CIPU/I'&o dIu! * * * * * * * * * * * * , 19';1/ , before me, * personally appeared t I~f ifdc/4J' ZZl ~ personally known to me OFFlClAl SEAL JEANNE NELSEN NOTARY ~ueuc. CALIfORNIA PllNClPAl OffiCE IN SAN DIEGO COUNTY My (om,"_ tIpino Ibrcll 31, 19115 * Q 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 ~o me thazt. e par.tnershiP executed it. IT~SS my hand and official seal. Ctl'it Lf-.. uL//~ * / No ry's Signature * * * * * * * * * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * '-- * * * * "I< * CORPORATE ACOOWLEDGEMENT * * * * * * * * * * * * * * State of * * County of * * * * * * * * "I< * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On thi s the day of 19 before me, * )SS. ---- * ) the undersigned Notary Public, personally appeared [] personally known to me [J proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instru- ment as or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * "I< * * * * "I< * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * "I< * * * * * * ...!XHIBIT "An 330 LEGAL DESCRZPTZON THOSE PORTIONS OF LOTS 56 AND 57 OF CITY OF POWAY TRACT a7-13 UNIT 1, PARKWAY BUSINESS CENTRE, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8, 1990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 - GENERAL UTZLZTY EASEMENT BEGINNING AT THE NORTHERLY POINT OF TERMINUS OF THE 34.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT 57, SAID POINT BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF STOWE DRIVE AS DEDICATED PER SAID MAP NO. 12556; THENCE LEAVING SAID RIGHT-OF-WAY OF STOWE DRIVE ALONG A LINE RADIAL TO SAID CURVE, NORTH 88'19'17" WEST 10.00 FEET TO THE TRUE POZNT OF BEGZNlUIl'G. SAID POINT BEING THE NORTHERLY POINT OF TERMINUS OF THE 24.50 FOOT RADIUS CURVE ON THE WESTERLY LINE OF THE EXISTING GENERAL UTILITY EASEMENT AS DEDICATED PER SAID MAP NO. 12556; THENCE SOUTHWESTERLY ALONG SAID WESTERLY EASEMENT LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65'52'14" A DISTANCE OF 28.17 FEET TO A POINT OF CUSP WITH A 24.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 36'07'10" EAST; THENCE LEAVING SAID EASEMENT LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52'12'07" A DISTANCE OF 22. 32 FEET; THENCE TANGENT TO SAID CURVE, NORTH 1'40'43 EAST 243.00 FEET; THENCE NORTH 2'38'01" EAST 300.00 FEET TO A POINT ON SAID WESTERLY LINE OF THE GENERAL UTILITY EASEMENT AS DESCRIBED ABOVE; THENCE ALONG SAID WESTERLY EASEMENT LINE, SOUTH 1'40'43" WEST 539.95 FEET TO THE TRUE POZNT OF BEGINlUIl'G. SAID PARCEL 2 HAS AN AREA OF 0.046 ACRE, MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WERE PREPARED BY ME OR UNDER MY DIRECTION. J# 5725-35 4-12-91 REVISED: 7-3-91 9-9-91 BPM 9- It)- NG, L.S. 5937 PIRES: 12-31-92 ~ ~ a:.: 6's-\\~, ,0 ~\\ ~ 37.0 \\\ \0 \\ .~ ~oo \::. ~ " ~ \~~ '1\ ~ \0 \'>:,'?~\ ~ ~ \:\~ ,\ , ~- \0~~' , .. \.' 90J, '\'f ' ~ ~ '"" ' ""7-:0 ~ "~A o~~ , -, 0\ '\<"<t ~ ,-- '<<l\.'" ~\-o c.n ~ ~\;\.\ .~ ~ -O\...,~).\. o \ ~\-,,~, ' ."7z-~ ~ \ - \;~ . 4. "~\_~~ ~ ::c"-, ~ ~/~~ l>l", ":~ '--!~~\ ,::<6:~ \~ ~. \ '~\~ <I ~o_ 'CC- \In I,.. O'f( ~ \ <:S.. ,"1" '. 0 ~. ~'o , ~'- :, , 09 ((().o.I "" "^',p 0 \\~ ~\....\ '\~.!/dP.1 '0 <s . .p , . V~' \~ /,";1'1' o ~'-C?:.~', -,.\:. "~~~1~\1 \ \).... ~'~" "~\', "'$/6 '-"\....,....~.$'~'-. '.... -, - ----'. d'.y&:1~:~~s'""" . 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