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Grant of Temporary Construction and Access Easement 2004-0541492 "". .-,RECORDED AT THE REQUEST OF~ ~ ' , . ..,. CHICAGO TIT~1: COM~NV- , I ~IJluIV':;lnN DEPT; DOC': 2'004=054'1492 _()KUl1'./LJ,K~Qlffi3YJ:D"B Y .,'~, 6&5 . - ..'. '" " ./ -.:ITYOEi'OWA Y,A MUNICIPAL>< ".. .. .".- , ,CORPORATION , JUN 10, 2004 8:00 AM / Af ~ OFFICIAL RECORDS ~ D WHEN RECORDED MAIL TO: SAN DIEGO-COUNTY RECORDER'S OFFICE GI[GORY J. SMITH. COUHTY RECORDER NAME CITY OF POW A Y, A MUNICIPAL FEES: 0.00 CORl)ORATION DC: NA STREET ADDRESS 13325 CIVIC CENTER DRIVE CITY POWAY 1/ III!III ilil! '!I!llil!I!IIIJ~M~lj!~J~!lli!I!I!'"I!~IIIIII!11 '1 STATE CALIFORNIA ZIP 92064 '13050'-17<6"- :)L- i1 M! l~I.!I!rh"'c:nh'~'II!ltD,r~"'II,n,J!, IIII<~.. t, . Title Order No. 32311481. SOUTIIT II NP- NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 278-240-01 GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT GEORGE W_ KOLAROV AND JANET D. KOLAROV, CO-TRUSTEESljTD:..2CTOBER 18, 1994..(hereinafter "GRANTOR"), hereby grants to CITY OF POWAY, A MUNICIPAL CORPORATION, (hereinafter ';GRANTEE"), its successors, or assigns, the following described easement for a temporary right-of-way in, upon, over, under and across,the lands described hclow As a temporary easement, said easement shall 'include, but not be limited. to, thc right and privilcgc of workmen, coritractors, and any and all agents employed by the Grantce herein, to use and occupy said temporary easement for the purposes of constructing a watcr storage reservoir, pipeline, or pipelinc_s, drainage channel, drainage ditches, and access and maintenance roads, and any and all appurtenanccs adjacent thereto, together with the right ,of ingress and egress from the eascment(s) by a practjcaL route or routes in, upon, over, or across the land described below, with a right to use said easement(s) for access to GRANTEE's,fights of way situated in adjacent lands, without any additional compensation therefor ~) The Land encompa~sing said Temporary Coqstruction Easement and right-of-way is situated in the County of San Diego, State of California, and. described as follows, to wit: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP J 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO GEORGE AND JANET KOLAROV RECORDED OCTOBER 31,1994 AS FILE NO 1994-0634200 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY , Said Temporary Construction Easement and right-of~way in the aforesaid lands is particularly described as follows: SEE EXHIBIT "A" AND EXHIBIT "B" (PLAT) ATTACHED HERETO AND MADE A PART HEREOF It. is. hereby understood and agreed upon by the Grantor and Grantee herein. that the right and privilege set forth for the use of the above-described temporary easement shall be in full force and effect.from OCTOBER 1,2004, shall continue in full force during the construction bf's!lid facilities, and that upon completion, final inspection, acceptance of said f!lcilitics by said Grantee herein, and the fi}j'ng'ofthe notice of completion, the permit for the temporary easement hereby granted and described above, shall cease and terminate on AUGUST 31, 2005_ It is further understood and agreed that the Grantor of this easement ~han not be held liable for any damage to equipment or injury to personnel of said Grantce, its agents or employees in performance or work done under this permit. ~. '"'cw".m',c"y\1747\MS W"cd Fdo,'.\kyridg' E==""IKc",",WHAl'f K"[,",, hhlbll A Ottd,TCFdc' Oll ~OO " " - - 686 it is,fufther understood and,agreed thatthlrantor shall have access at all times to the are.hin the temporary easement. This Temporary Easement, and the provisions contained herein shall be binding upon the heirs, successors;.adininislrators. personal representatives, and.,assigns of the parties hereto. GRANTOR has executed said Easement(SI this ~ , 20 C) <1- DRAWN BY RG CHECKED BY SMH ACCT NO SD-P75-170-01 DATE MARCH 10. 2004 JANE1;'D KOLAROV { \\Powaypm\puwily\i747\MS Word FikslSkyridgc Ea.'>Cm~nLS\Kolarov\DRAfT-KoJaril\'-I:xhibil A-Dced_TCI"lluc , ~ . 687 ~ DATE \JjLL 41 zot)'+- . (Grantor) STAT CALIFORNIA ) ) County of San Diego ) 4- 2.D'i+ personally known to me or proved to me on the basis of satisfactory evidence to be the perso1((SJJ whose nam~ is@mbscribed to the within instrument and acknowledged to me that he/sh~xecuted ~ Same in his/her/eauthorized capacity@, and that by his/her @gnatur@on the instrument the persot@or the entity upon behalf of which the person@cted, executed the instrument. ~ - - - - ~C~~-53 - t S;go."'. l~ ""::.:::,.-..Ca. ._nIQ ~ ~ MvCamm.Exi*es0cl21.2007f - - - - - - ~ - - - - - DATE (Grantor) STATEOFCALIFORNIA ) ) County of San Diego ) On before me. the undersigned. a Notary Public in and for said County and State, personally appeared personally known to me or 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 sume in his/herltheir 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. WITNESS my hand and official seaL Signature , . . EXHIBIT "A" 688 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT A Temporary Easement in, under, over, upon and across the property hereafter described for Construction purposes, together with the right of ingress and egress. The property comprising Temporary Easement is more particularly described as: All that portion of the Southeast Quarter of the Southeast Quarter of Section 32, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego,State of California, according to the United States Government Survey thereof being a portion of that certain parcel of land described as Parcel 1 in Deed to George and Janet Kolarov Recorded October- 31 ,1994 as File No 1994-0634200 of Official Records of said San Diego County, described as follows. Commencing at theNortheast corner of said parcel of land described as Parcel 1 in Deed to George and Janet Kolarov Recorded October 31 ,1994 as File No 1994-0634200 of Official Records of said San Diego County; thence along the Easterly line of said Kolarov Parcel 1, South 02005'01" West, a distance of 83.28 feet to the TRUE POINT OF BEGINNING; thence continuing along said Easterly line 1) South 02005'01" West, a distance of 26 43 feet; thence leaving said Easterly line of said Kolarov Parcel 1, 2) North 87054'59" West, a distance of 20 00 feet; thence 3) North 68004'15" West; a distance of 19.87 feet; thence 4) North 74010'16" West, a distance of 50.54 feet; thence 5) North 64000'18" West, a distance of 13.22 feet to a point on the Southerly line an existing easement to Poway Municipal Water District described as Parcel 1 in Deed Recorded May 5, 1967 in the Office of the Recorder of said San Diego County, as Document No. 72894 of Official Records, thence along said Southerly line of the herein described Easement Parcel 1 , 6) South 78002'21" East, a distance of 9.24 feet; thence continuing along said Southerly line of the herein described Easement Parcel 1, 7) North 89037'23" East, a distance of 90_85 feet to the TRUE POINT OF BEGINNING. Containing 1,485.92 square feet (0.034 acres), more or less. This Temporary Easement Shall Terminate on June 30, 2005 The Basis Of Bearings for these legal descriptions is the Northerly line of the Southeast Quarter of the Southeast Quarter of Section 32, Township 13 South, Range 1 West, San Bernardino Meridian, per Record Of Survey No. 5058, i.e South 89042'57" East. Page 1 of 2 , , . . 6,89 This real property description has been prepared by me, or under my direction, in conformance with the professional land surveyors act. ~ 't" SIGNATURE. y1.,.(/~ STEVEN M. HOWELL, LS 5758 LICENSE EXPIRES 6/30/04 DATE. February 10, 2004 Il:Ii'7~\17n Sk)TiJgl-'\WortlIEsllllDe'iniplion.,IKolarclV Exhi~il" I<:<:.doc 21](112(1114 page 2 of 2 . . 690 page 1 Project LDD Mon November 24 12 45 27 2003 Parcel Map Check ------- -------------- ~ -------.---------------------------------------- -- ~ Parcel name KovESMT3 (c..€ North 1943145 9061 East 6331621 1751 Line Course S 02-05~Ol W Length 26 43 North 1943119 4936 East 6331620 2142 Line Course N 87~54~59 W Length 20 00 North 1943120 2208 East 6331600 2274 Line Course N 68~04~15 W Length 19 87 North 1943127 6414 East 6331581 7951 Line Course N 74~10~16 W Length, 50 54 North 1943141 4270 East 6331533 1715 Line Course N 64~00~18 W Length 13 22 North 1943147 2212 East 6331521 2890 Line Course S 78~02~21 E Length 9 24 North 1943145 3063 East 6331530 3284 Line Course N 89 37~23 E Length 90 85 North 1943145 9040 East 6331621 1764 Perimeter 230 14 Area 1,485 92 sq ft 0 034 acres Mapcheck Closure - (Uses listed courses, radi-i, and deltas) Error Closure 0 0025 Course S 30~23~32 E Error North ~o 00216 East o 00127 precision 1 92,060 00 EXHIBIT B 691 F.^D ,S, ("9/1 ? '" PARCPL ? o -j'~ '" '" PM LJ? j j ~w~ '" S 89'42' ---+ 145J9' R,O,S, <'0<'(') :J :JO EXISTING EASEMENT (PCL 1) DISTRICT PER DOC NO REC 05-23-1967 0 R. APN 278-240-01 GEORGE W KOL~ rJ~ JANET D KO ,.' ? S.>&(:) CO- TRUSTEES, U <'.21" DOC, NO. 1994-0634200 \:: ' 9<,. REO 10-31-1994 N8S'37'55"W u.:z:zn -Lll17!iZll); 60 00' S7 3126' 8'02'21"[ 13 S6<1-'<<' 00' n 1&" E: '<t s7io 54' CD 70'76"[ N POR. e: r' j / /1 e: r' 1 / /1 S6&,79&:;, oC -r, oC -r spcnON ~)? 04' o~, 75"E: T j ~) e: R j W u 0, ~ S B.B,&:M. j EXISTING ACCESS, ROAD t & PUBLIC UTILITY EASEMENT PER DOC. NO 80-058016 I SCALE: 1'a20' REC. 02- 20-1980 0 R I [:::::::::::::::/ TEMPORARY CONSTRUCTION EASEMENT ~ TANK EASEMENT AREA= 0.034 ACRES (1,485,92 sq. ft.) (BY SEPARATE DOCUMENT) SKYRIDGE TANK EASEMENTS KOLAROV PROPERTY POR SE 1/4 OF SE 1/4, SEC. 32- T13S; R1W " . . 692 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Temporary Construction and Access Easement dated June 4, 2004 from George W Kolarov and Janet D Kolarov, Co-Trustees U T D October 18, 1994, Grantors, 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 34 adopted on January 20, 1981 and the grantee consents to recordation thereof by its duly authorized officer Dated: 6/1-;/oi CITY OFPOWAY , / Seal: B