Grant of Easement (Private Road, Public Utility and Water Line) 2004-1137531
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, R~C'ORDING RE:QUESTEly .. ,
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DO.~ # ;~OO/4-1 ":;;7531
-' 1 1111111 IIII!IIII 1111111111 1111111111 11111111111111111111 illllllllllll
i1f. . CITY OF POW A Y DEe 02, 2004 2 46 PM
ter .AND WHEN ",RECORDED MAIL TO: Dr-FICI.,',L Rr:COF-:~',1
~ GITY CLERK ':"CJ,f'-J [rlECil] cuur'JT'1 REUJF:[IEF:'~, DFFICE
17129 C1REI~C1F:'1 .1 ,~~",jITH courH', RECCiR[IEF:
'tiNf .CITY OF POWAY FEE", 0.00
oe. N,o
" POBOX 789 F'i..\.GE~, b
POWAY, CA 92074 11111111111111111111111111111111111111111111111111111111111111111111111111111111
No transfer tax due 2004-1137531
APN 277-171-22 NO DOCUMENT TRANStER IA~OFEF
GRANT OF EASEMENT
(PRIVATE ROAD, PUBLIC UTILITY, AND WATER LINE)
SUNROAD COUNTRY CLUB, LLC, a California Limited Liability Company, (hereinafter
"GRANTOR") hereby grants to CITYOF POWAY'(hereinafter "GRANTEE"), its successors,
or assigns, the easement and inCidents thereto for privater.oad, public utility, and water line
purposes in, upon, over, under and across the lands described in Exhibit "A" and depicted in
Exhibit "B", together with the rightto assign such easement to others in whole orin part in,
'upon, over, under and across the lands described below without any additional compensation
therefor
The land encompassing thiseasE;!l11ent is situated in the City of Po way, County of San Diego,
State of California, and is more particuiarly described as follows, to wit:
THE REMAINDER PARCEL IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALlFORNIA,AS$HOWN ON PARCEL MAP NO 17433, FILED IN THE
OFFICE OF THE COUNTYRECQRDEROF SAN DIEQO COUNTY ON OCTOBER 14,
1994 AS FILE NO 1994-0605766 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A OF
CERTIFICATE OF COMPLIANCE BOUNDARYADJOSTMENT NO BA 94-08,
RECORDED FEBRUARY 16',1995, AS FILENO 1995-0071138 OF OFFICIAL
RECORDS
Said easement in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE. A PART HEREOF)
GRANTOR, its heirs, successors and assigns shall not erect or construct or permitto be
erected oficollstructeq, any building, str'Ucfure or imJJrov~ment or plant any tree or trees or
plant any other vegetation or flora within said easel11enHwit~outthe express written approval of
the City'of Poway as'evidenced by the signature of the City Engineer on an approved plan.
GRANTOR, its heirs~ successors and assigns shall not dig'ordrill any hole or wells on any
portion of the easement.
GRANTEE may use all gates and fences, which; no,^-" 6r1ater, cross any portion of the
" easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees,
tJt} ;C}l (P
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brush,.,Ofo~hervegetation or-Jora from time to time as 'GRANTEE'Wetermines in its sole
discretion without any additional compensation.
GRANTOR agrees'that no other easement or easements shall be,granted on, under, or over
thiseas~ment wfthoutthe prior written consent of GRANTEE.
GRANTEE, may at anytime increase:its use of the easement, change the location of pipelines
or other.facilities'within the boundaries of the easement right~of-way, or modify the size of
existing pipelines or otherimprovemlents,as it may determine in its sole discretion from time to
time without,'payihg any additionalco"hlpensation 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 ah_d agreed by th~ 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 elevatbns of the above,described easement 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, whetherQr not litigation is commenced,
or.if any arbitration proceeding, administrative proceeding qr' IiJi9C!tion in law or in equity,
including an action for declarato!y'relief, is brought tq enforce 9r interpret the provisions or
p~rformanceofthis 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 expresslywarrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN WITNESS Wj1ER,POF, the GRANTOR has executed this easement this Iq- day
of ()qf)Wt=1'L- ,2004
MADgRAS COUNTRY CLUB, LLC,
Formerly known as:
SUNROAD COUNTRY CLUB, LLC,
a Californii;1' Limited Liability Company
,",
By aJ(~
Richa~ .D. Vann
(Signatures must be notarized)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Lo.\', ~o....,,', "
County of S,,~ C).
. 1L:l 0
On Oc\. 0\'''''1' \ ~ ~') 0 0 ~ before me, ':;,,",f.-('r'. ?O~'-(c.j:OI...
Date ~.. c..-\..- c.'I' >- Q Name and Title 01 Officer {e.g., Jane pee. Notary Public")
personally appeared . 1/ a. '" ....,
Name(s) oISigner(s)
9(personally known to me- OR - o 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), ahd that by
, ~ SHERR I L. POUYADOU his/her/their signature(s) on the instrument the person(s),
~. Commiss)on #: 130754.1' or the entity upon behalf of which the person(s) acted,
z ,... Notary Public, Califomla ~ executed the instrument.
Orange County - ~~.,
My Comm Expires Juri 4, 2005
OPTIONAL
Though the information below is not required'by law, it may.prove valuable to.perSons,refying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner -0 Limited 0 General o Partner- 0 Limited 0 General
o Attorney'in,Fact o AttorneY-in-Fact
o Trustee o Trustee
o Guardian or ConseNator . o Guardian or ConseNator
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C "994 National Notary Association' 8236 Re~met Ave., P.O'. B~x 7184. Canoga Park, CA 91309-71a4 Prod. No. 5907 ReOrder: Call Toll-Free 1 ~600-876-6827
,
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CERTIFICATE OF ACCEPT;4;NCE
This is to certify that the interest in real property conveyed by the deed or grant
dated October 14, 2004 fromSunroad Country Club, LLC, Grantor, to, the City of
Poway, Grantee, a political corporation and/or goverriiiientalagency 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, 198:1 ar:ld the grantee consents
to recordation thereofby its duly auihorized officer
Dated: November 15, 2004 CITY OF POWAY
Seal: ~PAA;iJ C1~
Sherrie D Worrell, Deputy City Clerk
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EXHIBIT 'A'
LEGAL DESCRIPTION
PRI\\ATE ROAD, PUBLIC UTILITY, AND WA.'fER LINE EASEMENT
. ... ., -
APORTION OF THAT PARCEL DESIGNATED AS 'REMAI1\JDER PARCEL' ON
PARCEL MAP No. i7433,HLED IN'THE OFFICE OFTHE,COUNTYRECORDER
OF THE couNTYoFSANUIEGO ON OCTOBER 14, 1994ASFlLE NO 1994-
0605766, MORE PARTICULARLY DESCRIBED AS FoLiDWS.
COMMENCINGAT THE M01iT NORTHERLY CORNER~0FSAID REMAINDER
PARCEL, TH:ENCEALC>NG:THEEAST LI~E OF S~ REMAINDERP ARCEL
. _.. - --
SOUTH 3039'30" WEST, 27.65 FEET TO THE NORTHEAST CORNER OF THE
NORTHWEST-QUARTER OFTH:E'NORTHWEST QWARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGEl WEST, SANBERNARbiNO BASE AND
MERIDIAN; THENGE CQNTINUING ALONG THE EAST LINEOfSAID
REMAINDER PARCEL SOUTH 0041'06" WEST, 22:00 FEET TO A POINT ON THE
. ., - -
SOUTHEAST UNEOF A PUBLICR()AD EASEMENTA€COR.DING TO
DOCWMENT NO. 26947;FILEINTHE OFFICE OF GOll~RECORDER OFFICE
OF THE'COUNTYOFSAN DIEGO ON FEBRUARY 15, 1968, SAID POINTBEfNG,
TlIE'TRUE PQINT Of BEGll'Il'lING; THENCE CONTINtifNOALONG THE EAST
LINE OF SAID REMAINDER PARCEL SOUTH 0041 '06" WEST, 53.00 FEET,
THENCE LEAVING SAiDEASTSOUTH 84907'14" WES'f., 47.35 FEET TO A
POINf ONTH:E,SOUTHEAST LINE.OF SAID PUBLIC RQAJ)EASEMENT PER
DOCUMENTNO 26947;:TIIENCEALONGTHE SOUTHEAST LINE OF SAID
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u . . _ _ ~ __ _
PUBLIC ROAD EASEMENT.I!ERDOCUMENT NO: 26947NORTH 3903] '46" EAST,
75.00 FEET TO THE TRUE POINT OF BEGINNING.
, TOTAL AREA IS 1,247 SQU!\R.,EFEET, MORE OR LESS
PREPARED BY
..Al~ ~--4- ti4
WILLIAM. EN; RCE 33730
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, . EXHIBIT 'B'
PRIVATE R0AD, PUBLIC UTILITY, AND WATER LINE EASEMENT
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