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Grant of Easement 2021-0798603RECORDING REQUESTED BY: CITY OFPOVVAY WHEN RECORDED MAIL TO: CITY CLERK CITY OFPOVVAY P.D.BOX 788 POVVAYCA92074 U�����ff ����_������� n�v�v�rr ����n �x������ |N0N�UUN0���|NNUUNU���N�N�UUN��NN |N0N�UUN0���|NNUUNU���N�N�UUN��NN NOV19' 2021 09:04AM OFFICIAL RECORDS Ernest J.Dmnonburg.Jr.. SAN DIEGO COUNTY RECORDER FEES: $0.00 �U32AU�ns: $0.00) PCi]R:N/A PAGEG:S (This space for Recorder's Use) GRANT OF EASEMENT Water The undersigned gnsnUor(s)declares: Documentary Transfer Tax is $'0-pursuant toR&TCode 11A22 (Conveyance to a Government Agency) Greg P. Agee Revocable Trust, dated April 38. 1998 (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the CITY OF P{]VVAY (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 nn!e 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 be!ovv, 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 inthe 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) {]R/\NTC)R, its heirs, successors and assigns ohcd| not erect or construct or permit to be erected or constructed any building, StruCtU[e. Or innp[overn8rd, 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 ofthe easement area. GRANTEE may use all gates and fanuan, m/h|oh, now or |ater, 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 on GRANTEE determines in its sole discretion without any additional compensation. GRANTOR agrees that no other easement or easements shall be granted on, under, orover the easement area orotherwise burdening praffecting this easement without obtaining the priorvvritten consent ofGRANTEE. �� Grant ofEasement /APN: 277-020'13 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 hgNt-of-vvay.0rmodify the size [fimprovements os itmay determine |A its sole discretion from time totime without paying any additional compensation to GRANTOR Or GRANTDR'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 heira, 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 |$ executed without obtaining the prior written consent ofthe GRANTEE. In the event ofany dispute involving this Agreement, whether nrnot litigation is commenced, orif any arbitration proceeding, administrative proceeding` or litigation in |avv or in equity, including an action for declaratory PeUef, 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 togrant thisea5ement iOaccordance with its terms. IN VV|TNE88 WHEREOF, the GRANTOR has executed this Easement this 4:59 day of OWNER: Greg P.Agee Revocable Trust, dated April 20,1999 By: Gi-�_.Age -4.rustee Doha: |L2-7T -7 � (Signature Must Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On OctD before me, Date Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared rrr cP A/" i Name(g of Signer(s) who 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 acknowledged 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. YVONNE MANNION Notary Public - California Z San Diego County Commission # 2363699 ' My Comm. Expires Jul 1, 2025 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /oil4 a /1 la()�r.� ^� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ar t 1 )= Se-/1(P/f t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Grant of Easement / APN: 277-020-13 Page 3 Approved as to Form: Office of the City Attorney Date: Alan Fenstermacher, City Attorney Approved as to nt: Date: Melody City Engineer fi Grant of Easement / APN: 277-020-13 Page 4 CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 277-020-13 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: 10 Lj cL 1 from Greg P. Agee Revocable Trust, dated April 28, 1999, (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: *24 Seal: CITY OF POWAY By: R bert M D rector of Developm Services EXHIBIT `A' WA 1'ER EASEMENT APN 277-020-13 ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 9452, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 6, 1979 AS FILE No. 79-512686 OF OFFICIAL RECORDS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 4 OF PARCEL MAP No. 12471, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 13, 1982 AS FILE No. 82-380174 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SOUTH 88°29'52" WEST (NORTH 88°29'52" EAST PER PM 12471) 94.91 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01°30'08" WEST 22.00 FEET; THENCE PARALLEL WITH THE SAID SOUTHERLY LINE, SOUTH 88°29'52" WEST 18.00 FEET; THENCE CONTINUING SOUTH 88°29'52" WEST 112.96 FEET TO THE BEGINNING OF A CURVE; CONCAVE SOUTHERLY, HAVING A RADIUS OF 902.00 FEET; THENCE WESTERLY 199.60 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°40'44" TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE CONTINUING WESTERLY 86.35 FEET ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 05°29'06"; THENCE SOUTH 70°20'02" WEST 84.53 FEET; THENCE SOUTH 69°37'22" WEST 48.23 FEET; THENCE NORTH 20°22'38" WEST 10.00 FEET TO AN INTERSECTION WITH THE NORTHERLY SIDELINE OF THE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED ON JULY 26, 2018 AS DOC. NO. 2018-0304790 OF OFFICIAL RECORDS, SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 20°22'38" WEST 17.63 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE AS FOLLOWS: ON THE SOUTH; IN THE SAID NORTHERLY SIDELINE OF SAID WA1'hR EASEMENT. ON THE NORTH; IN A PERPENDICULAR LINE RUNNING THROUGH SAID POINT OF TERMINUS. CONTAINS 176.30 SQ. FT. MORE OR LESS THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF PARCEL 4 OF PARCEL MAP No. 12471. Lc. NORTH 88°29'52" EAST PREPARED BY: iQ - -i kt, v. 12b Frederick R. LePage, PLS 7524 MATCHLINE SHT 2 WATER EASEMENT ` r ( 1 n .0 \ { `-m. u •- cln ` I l IIS NOO°05'49"W 651 .24' �� � i \II 1 —'1z 1 1II 1 N I ; u' m ICI PARCEL 2 w l PM 9452 0 (°' °l APN: 277-020-14 cn W • EXHIBIT 'B' WATER EASEMENT PLAT APN 277-020-13 EXISTING 8' WIDE EASEMENT FOR EQUESTRIAN AND PEDESTRIAN TRAIL GRANTED TO THE CITY OF POWAY RECORDED 11/24/1982 IN FILE/PAGE No. 82-363065 O.R. to- EXISTING 40' WIDE PRIVATE ROAD EASEMENT RECORDED 12/15/1980 IN FILE/PAGE No. 80-421140 O.R. IN01°30'08"W(R) ^' aIII I® PARCEL 4 OF PM 12471 APN: 277-020-24 WATER EASEMENT AREA = 176.30 50. FT. EASEMENT DATA TABLE 0 2 3 111 S88°29'52"W 94.91' N01°30'08"W 22.00' S88°29'52"W 18.00' 588°29'52"W 112.96' R=902.00' 0=12°40'44" L=199.60' R=902.00' ©=05°29'06" L=86.35' co S70°20'02"W 84.53' S69°37'22"W 48.23' [9 N20°22'38"W 10.00' ® N20°22'38"W 17.63' EXISTING WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED 03/23/2018 AS Doc. No. 2018-0115008 O.R. EXISTING PRIVATE ACCESS AND UTILITY EASEMENT RECORDED 7/06/2016 AS Doc. No. 2016-0335396 O.R. EXISTING 28' WIDE IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF POWAY RECORDED 10/08/1982 IN FILE/PAGE No. 82-310309 O.R. OAK TRAIL LANE N00°05'49"W 654.36' P.O.C. SE CORNER OF PARCEL 4 OF PM 12471 (N00°05'49"W 565.96' PM 12471) PARCEL 3 PM 4152 WATER EASEMENT - IN PARCEL 1 OF PARCEL MAP No. 9452 DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS CT. RAMONA. CA 92065 PH 760 525-1975 flepogeecox.net DATE: 7/18/21 SCALE: 1" = 80' BY: FRL SHEET 1 OF 3 EXHIBIT 'B' WATER EASEMENT PLAT APN 277-020-13 -4— N00°18'24"W 642.67' PARCEL 1 PARCEL MAP No. 9452 APN: 277-020-13 1\\N1/4 ri - 18 Ise I:il i (2 ►i i WATER EASEMENT AREA = 176.30 SO. FT. EASEMENT DATA TABLE ® S69°37'22"W 48.23' ® N20°22'38"E 10.00' Q N20°22'38"E 17.63' CATER EASEMENT - IN PARCEL 1 OF PARCEL MAP No. 9452 PARCEL 1 PARCEL MAP No. 9452 APN: 277-020-13 \ \;\ \ ` MATCHLINE SHT 1 -\ \\\ \ \%\ \ �\\ ) \\\ \ �,,1\. ,\ l\ \. \. \\\ PARCEL 4 PM 12471 APN: 277-020-24 Z'986 3„Z5,6Zo88N DATE: 7/18/21 SCALE: 1" = 80' BY: FRL SHEET 2 OF 3 EXHIBIT 'B' WATER EASEMENT PLAT APN 277-020-13 EASEMENT LEGEND PRELIMINARY TITLE REPORT FURNISHED BY LAWYERS TITLE COMPANY. 9095 RIO SAN DIEGO DR.. STE. 400 SAN DIEGO. CA 92108 - FILE NO. 317324785 DATED OCTOBER 25. 2017. 1® AGEE PTR PARCEL B (DAGEE PTR PARCEL C ®AGEE PTR PARCEL D ®AGEE PTR PARCEL E UTILITIES 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES* 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES 40' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES 30' OR 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC ®60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITIES GRANTED TO OLD COACH PROPERTIES #1. LTD. OLO COACH PROPERTIES 42. LTD. OLD COACH PROPERTIES #3. LTD. OLD COACH PROPERTIES #4. LTD RECORDED AUGUST 19. 1972 AS FILE/PAGE NO. 200674 O.R.* 6®60' WIDE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO HELEN KYTASTY DESCRIBED IN EXHIBIT D OF FILE/PAGE NO. 78-230956 RECORDED JUNE 5. 1978 O.R. IUNPLOTTABLE) O7 60' WIDE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 5. 1979 AT FILE/PAGE NO. 79-510766 O.R.* (D40' WIDE PRIVATE ROAD EASEMENT PER PARCEL MAP NO. 9452 ®40' AND 60' WIDE EASEMENT GRANTED TO SDGE RECORDED FEBRUARY 5. 1980 AT F/P NO. 80-041260 O.R. 040' OR 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO WILLIAM C. & JUDITH M. LEVY ON FEBRUARY 13. 1980 AT FILE PAGE NO. 80-050581 O.R. 060' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO OLD COACH PROPERTIES #1. LTD. OLD COACH PROPERTIES #2. LTD. OLD COACH PROPERTIES #3. LTD AND COACH PROPERTIES LTD. RECORDED ON SEPTEMBER 12. 1980 AT FILE/PAGE NO. 80-295489 O.R. 1 40' WIDE EASEMENT FOR CONSTRUCTION. MAINTENANCE AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES GRANTED TO COACH PROPERTIES LTD. RECORDED ON JULY 31. 1981 AT FILE/PAGE ND. 81-242687 O.R. 13 40' WIDE EASEMENT FOR CONSTRUCTION. MAINTENANCE AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES GRANTED TO HELEN KYTASTY RECORDED ON JUNE 25. 1982 AT FILE/PAGE 82-196220 O.R. 040' WIDE EASEMENT TO CONSTRUCT AND MAINTAIN. PLACE. OPERATE. INSPECT. REPAIR. REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION FACILITIES. INCLUDING INGRESS AND EGRESS. CONSISTING OF WIRES. CABLES. CONDUIT, MANHOLES. HANDHOLDS AND ABOVE GROUND MARKERS. PEDESTALS. TERMINAL EOUIPMENT CABINETS GRANTED TO PACIFIC BELL RECORDED ON DECEMBER 27. 1985 AS DOC NO. 1985-490032 O.R. 15 52' WIDE EASEMENT FOR CONSTRUCTION. MAINTENANCE AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO COACH PROPERTIES LIMITED & OLD COACH PROPERTIES #3 LTD RECORDED NOVEMBER 6. 1986 AS DOC. ND. 1986-0509543 O.R. 16 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS ENTERED INTO BETWEEN THE CITY OF POWAY AND JOHN & VICKI MCMINN RECORDED MARCH 23. 1988 AS DOC NO. 1988-0132345 O.R. AFFECTS PARCEL 1 OF PM 9452 AND AS SHOWN. 17 10' WIDE AND 3' EASEMENT. AROUND EVERY FACILITY INSTALLED. AND RIGHT OF WAY FOR UNDERGROUND FACILITIES FOR THE TRANSMISSION OF ELECTRICITY AND COMMUNICATION FACILITIES GRANTED TO SDGE RECORDED ON AUGUST 14. 1990 AS DOC. NO. 1990-0444380 O.R. SEE DOCUMENT FOR FACILITY LOCATIONS 18 30' WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED ON JUNE 19. 2001 AS DOC. NO. 2001-0410331 O.R. W®20' WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED ON JULY 26. 2018 AS DOC. NO. 2018-0304790 O.R. NOTE: EASEMENT ITEMS LISTED ABOVE WHICH CONTAIN AN ASTERIK LIE OUTSIDE OF THE INFLUENCE AREA OF THE WATER EASEMENT BEING GRANTED TO THE CITY OF POWAY WATER EASEMENT - IN PARCEL 1 OF PARCEL MAP No. 9452 DATE: 7/18/21 SCALE: 1" = 80' BY: FRL SHEET 3 OF 3 ...\Par1 PM9452wateresrntfirehydrant.dgn 8/14/2021 12:54:53 PM