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Grant of Easement 2021-0558542RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2021-0558542 II11IIIIIIII IIIIIIIIIIII111111IIII11I 1111II1III III III Aug 05, 2021 12:47 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 7 (This space for Recorder's Use) APN: 323-481-03 GRANT OF EASEMENT Water The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) SAN MIGUEL VALLEY CORPORATION, a Colorado corporation (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the easement and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline, and pipelines and appurtenances thereto, at such locations and elevations, upon, along, over and under the right-of-way described in Exhibit "A" 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 real property encompassing this easement area is situated in the City of Poway, County of San Diego, State of California and is more particularly described as follows, to wit: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A", AND PLAT EXHIBIT "B" 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 plant any other vegetation or flora within said easement area without the express written approval of the City of Poway as evidenced by the signature of the Director of Development Services on an approved plan. GRANTOR, its heirs, successors, and assigns shall not dig or drill any hole or wells within any portion of the easement area GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement area. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora, from within said easement area, from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTOR agrees that no other easement or easements shall be granted on, under, or over the easement area or otherwise burdening or affecting this easement without obtaining the prior written consent of GRANTEE. ESMT21-002 Grant of Easement / APN: 323-481-03 Page 2 GRANTEE may at any time increase its use of the easement and the resulting burden on the servient tenement, without changing the purpose of such use, change the location of facilities within the boundaries of the easement right-of-way, or modify the size of 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, 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 easement area that exist 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 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 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 011 day of \1‘)1‘} , 2021. OWNER: SAN MIGUEIVALLEY CORPORATION, a Colorado corporation By: Nicole . Champine, 'President San Miguel Valley C JI Nut abort- KAREN L BRADY NOTARY PUBLIC sTe uriziltiMmst be no. NOTARY ID 19954018452 MY COMMISSION EXPIRES AUGUST 19, 2022 Date: 1 \ o Z STATE OF COL COUNTY OF ,ariMSRECORD WAS ACKNOWLEDGED BEFORE ME ON LN.1-/ K BY ��� 1DV( NoliIhi Approved as to Form: Office of the City Attorney JAY's© , City Attorney N. ARY -UBL MY COMMISSION EXPIRES: 0I lop )� Date: 262( Grant of Easement / APN: 323-481-03 Page 3 Approved as to content: Me ody ;moo, City Engineer Date: Grant of Easement / APN: 323-481-03 Page 4 CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 323-481-03 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in the attached document dated: i 1 101 Jam- °o2-- I from SAN MIGUEL VALLEY CORPORATION, a Colorado corporation, (Grantor), to the City of Poway, (Grantee), a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017. Dated 44 ` Seal: CITY OF POWAY By: Roert J. Manis Director of Development ` ices WATER EASEMENT EXHIBIT "A" A PORTION OF LOT 8 OF CITY OF POWAY TRACT 87-13, UNIT NO. 2, MAP NO. 13410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 8, 1997, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 8, SAID POINT BEING ON A 682.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 35° 48' 23" EAST; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 8 THROUGH A CENTRAL ANGLE OF 08° 44' 02", 104.04 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A 20 FOOT EASEMENT LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID LOT 8 NORTH 44° 32' 25" EAST, 13.99 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 44° 32' 25" EAST, 42.01 FEET TO A POINT ON A 738.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 44° 32' 25" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 03' 21", 78.06 FEET; THENCE NON TANGENT TO SAID CURVE NORTH 14° 01' 36" WEST, 15.79 FEET; THENCE NORTH 23° 51' 00" EAST, 130.48 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 23° 51' 00" EAST, 146.47 FEET; THENCE NORTH 63° 08' 00" EAST, 23.22 FEET; THENCE SOUTH 77° 35' 00" EAST, 118.12 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 77 35' 00" EAST 110.60 FEET; THENCE SOUTH 35° 06' 54" EAST, 22.13 FEET; THENCE SOUTH 07° 21' 13" WEST, 237.10 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THEN CONTINUING SOUTH 07° 21' 13" WEST, 180.57 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "E", THENCE NORTH 82° 38' 47" WEST, 10.01 FEET TO A POINT ON A 830.50 FOOT NON -TANGENT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 05° 07' 17" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 22' 58", 107.01 FEET; THENCE NON -TANGENT TO SAID CURVE, NORTH 66° 07' 57" WEST, 8.79 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "F", THENCE CONTINUING NORTH 66° 07' 57" WEST, 7.24 FEET TO A POINT ON 738.50 FOOT NON -TANGENT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 60° 11' 45" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 39' 20", 201.79 FEET; THENCE SOUTH 44° 32' 25" WEST 56.00 FEET TO THE TRUE POINT OF BEGINNING. THE SIDELINES AT THE BEGINNING AND END OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE NORTHEASTERLY SIDE OF STOWE DRIVE. PARCEL 2: AN EASEMENT, 10.00 FEET IN WIDTH, BEING 5.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A FOREMENTIONED POINT "A"; THENCE NORTH 45° 27' 35" WEST, 15.00 FEET. PARCEL 3: AN EASEMENT, 10.00 FEET IN WIDTH, BEING 5.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A FORMENTIONED POINT "B"; THENCE SOUTH 66° 09' 00" EAST 22.00 FEET. PARCEL 4: AN EASEMENT, 10.00 FEET IN WIDTH, BEING 5.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A FOREMENTIONED POINT "C"; THENCE SOUTH 12° 25' 00" WEST, 23.91 FEET. PARCEL 5: AN EASEMENT 15.00 FEET IN WIDTH, BEING 7.50 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "D", THENCE NORTH 82° 38' 47" WEST, 22.00 FEET. PARCEL 6: AN EASEMENT 20.00 FEET IN WIDTH, BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "E"; THENCE SOUTH 07° 21' 13" WEST, 22.85 FEET; THENCE SOUTH 38° 42' 38" WEST, 30.07 FEET; THENCE SOUTH 06° 17' 21" EAST, 10.00 FEET. SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE NORTHERLY SIDE OF DANIELSON STREET. CITY OF POWAY LO1 7 ♦/ CE &S ♦ / 7 WAIEH EASEMENT PLAT EXHIBIT 'B' - SCALE 1'= 100' /DA TA TABLE Pi -1 T18 .' .� f�i T NO. DIRECTION P4 T C e 1 N 44°32'25' E ' -1�f► 2 N 44°32' 25' E P1 / 3 N 14°01'36' W LOT 8 CITY OP POWAY TRACT 87- 13 UNIT 2 RAP NO. J 3 41J T3 APN: 323-481-03 PT D i PTANi T1 ♦ 2,<9k.S)1): ' \ 4 N 23°51'00' E 5 N 23°51'00' E 6 N 63°08'00' E 7 S 77°35'00' E ( 8 S 77°35'00' E 9 S 35°06'54' E // 1 10 S 07°21'13' W 11 S 38°42'38' W V i(v 1 12 S 06°17'21' E 13 N 82°38'47' W 14 N 66°07'57' W 15 N 66°07'57' W 16 N 45°27'35' W 17 S 66°09'00' E P5 7t 18 S 12°25'00' W 10' GENERAL UTILITY EASEMENT T15 PT F Ti T14 Pi /- ♦ PP- , L �`,`�P7 01 T12 _ `\ T2 • ti I'////A T19 , ,. , 0 19 N 82°38' 47' W 20 S 23°52'03° W T E T101 P6 DISTANCE 13.99' 42.01' 15.79' 130.48' 146.47' 23.22' 118.12' 110.60' 22.13' 22.85' 30.07' 10.00' 10.01' 8.79' 7.24' 15.00' 22.00' 23.91' 22.00' 31.38' C NO RADIUS DELTA LENGTH 1 682.50' 8°44'02' 104.04' 2 738.50' 6°03'21' 78.06' 3 830.50' 7°22'58' 107.01' 4 738.50' 15°39'20 201.79' R NO BEARING 1 N 35°48'23' E 2 N 44°32'25' E 3 N 38°29'04' E 4 N 5°07'17' W 5 N 12°30'15' W 6 N 60°11'45' E DANIELSON STET LEGEND P PARCEL POB POINT OF RFGINNING PT POINT TPCB TRUE POINT OF RFGINNING INDICATES PROPOSED WATER EASEMENT CONTAINS 30,629 S.F. 05-28-21 PATRICK F. CHRISTENSSEN, L.S. 7208 Date CHRISTENSEN ENGINEERING & SURVEYING CIVIL ENGINEERS LAND SURVEYORS PLANNERS 7888 SILVERTON AVENUE, SUITE %I', SAN DIEGO, CALIFORNIA 92126 TELEPHONE' (858)271-9901 EMAIL' CEANDSoAOL.COM JN 2020-61