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Grant of Easement Sewer & Access 2004-0707068 Il<.ccoramg rcquesrea oy----- - - ~' First AmericllJl Title "0 A OOC# ')04-0707068 t Subdivision Sale,out Dcpe ODD _ .. .., i 111111111111111111111111111111111111111111111111111111111111111111111 ~ .,., I ~ REGORDING REQUESTED BY , CITY OF POWAY IUL '::;=, "111,14 115~ '",1"1 OFFICi,L'.,L RECCIFi[IS ':o.'"J'J OIEI~I-1 CClllj.;T' I f~ECOF:[Ij:::R":, IJFFICE I AND WHEN RECORDED MAIL TO' GF:EC10P,\.1 '::~.tTH COU1H'j RECOR[IEF: FFF'-, ~-J.iln [11- t-l,L'. CITY CLERK F'o,:,E'; b CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111 klo POBOX 789 ~'Npr POWAY CA 92074 2004-0707068 ,,~ (This space for Recorder's Use) \l'; No transfer tax due Tax Parcel No. 277-220-21 NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT (SEWER AND ACCESS) EA 04-01 NORTHPOINT DEVELOPMENT, INC, A CALIFORNIA CORPORATION, (hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the followi~g' described easement for a right-of-way, in, upon, over, under, and across the lands described in Exhibit "A," and depicted in Exhibit "B," to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including, but not limited to, facilities for power transmission and communication purposes, 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 land encompassing this easement is situated.in the County of San Diego, State of California, and is more particularly described as follows, to wit: IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF LOT 21 OF MAP 14388, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 08, 2002. GRANTOR, its heir, 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 Development 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. GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any , , ,..' / fcoorll trees, brush, or other vegetatiQn or flora from time ,to tfme a-; GRANT-l:~ ~ete~ines in its.,sole,discretion withouf any!additional compensation. GR,l;\NTOR,agrees that no'oiher'easement or easements shall be granted on, under, or oVEirthis easemenfwithout obtaining the prior written consent of GRANTEE GRANTEE may at any time increase its use of the easement, change the location of pipelines or other'facilities witbillthe boundaries of the easement right-of-way, or modify the size of existing pipeline's or other improvemeRts as if may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs, sl:Jccessors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above ;it is also 'understoodclndagreed 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 easefllent which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE. In the event of any dispute invqlving 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 easerilent, 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 /.. q day Ofv~ ,2004 (1 ~'l<-/LA- NORTH POINT DEVELOPMENT, INC., A CALIFORNIA CORPORATION /3 /"1...-<.-L. C-<k ,--. By / c-S- h Its ~/n..)('''' rvtGYV>iYpZ. By Its M:\engserv\eng.forms\Easements\grant ofeasernent EA 04-01.doc . . 16007 CALIFORNIA ALL,PURPOSEACKNOWLEDGIIIIENT State ofCaM~l0 County 6f JCt-t1 Et'e;;O , On Jld!:j, I~ }-()O<! before me, RoJado C, 7/'t<! Jf.J@, fJup/rv Dal, ~ ~ ' [; 7C. 6,6 Nam, a<,d TIOI"I Off""('g ,'J Do"No"~P"blid) personally appeared 'fflCe. ,a - Name\s) of Slgner(s) ~erSOnallY known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(~) Is/are subscrrbed to the within Instrument and acknowledged to me that he/sheithey executed,the same in his/herltheir authorized capacity(ies), and thatby '--....--------~ his/heff!lwir signaturefe) on the instrument the personfe), ifi ~.CTI,c or the entity upon behalf of which the persoo(s) acted, _' ,commlS!lon #1281765 ,% executed the instrument ~ . 'No!<rfPubllc ~Callfomla ~ i ,san Dlago CClUIliy I WITNESS my hand and official seal. , MyComm:El<pies Nov20..2004 --- -- - -- - -- - - -- ,- -- -- /::1-'7 OPTIONAL Though the information below is not required/by Jaw, it may prove valuable ,to persons relying on the document and could prevent fraudulent rempvafand.reattachment of this. ((inri' to another document. Description of Attached Document taJ'-t>w,M5f CJewt-l /fu..p{ A-C<<SJ) Title or Type of Document: G~~ Document Date: Jidlj 13 J-&Otj Number of Pages: Ivo 6WM nrW? Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signei'(s) Signer's Name: oru r:e f;, 7cr1-J, Signer's Name: o Individual o Individual ~ Corporate OfficerlZ1CUAtl ' o Corporate Officer Title(s): qlf!} Title(s): o Partner - 0 Limited 0 Gelferal o Partner - 0 Limited 0 General o Attorney-in,Fact o AlIomey,in,Fact o Trustee o Trustee o Guardian orConseriator o Guardian or Conservator o Other' Top of thumb here' o Other" Top of,tI-iumb here . Signer Is Representing: , A ~ C 1994 NatiOnal N.olary Association. 8236 Remmel A~e.,'P:O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1 ~BOO-876-6827 " ' . ~~- . 16008 EXHIBIT "A" EA 04-01 LEGAL DESCRIPTION OF PUBLIC SEWER AND ACCESS EASEMENT IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF LOT 21 OF MAP 14388, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID CQUNTY ON MAY 08, 2002, SAID PUBLIC SEWER AND ACCESS EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEASTERLY CORNER 0 F SAID LOT 21, THENCE ALONG THE SOUTHERLY LOT LINE OF SAID LOT 21, SOUTH 88013'18" WEST 53 18 FEET, THENCE LEAVING SAID SOUTHERLY LOT LINE OF LOT 21, NORTH 60016'52" EAST 2468 FEET, THENCE N@RTH 67035'29" EAST 18.25 FEET; THENCE NORTH 76004'56" EAST 12,84 FEET, THENCE NORTH 88025'06;' EAST 11,26 FEET! THENCE SOUTH 47025'19" EAST 7 00 FEET TO THE NORTHWESTERLY LOT LINE OF LOT "C" OF SAID MAP 14388 (HERITAGE DRIVE, A 4000 FOOT WIDE PRIVATE STREET), AND TO THE BEGINNING OF A NON~TANGENT360.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 47025'19" WEST, THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LOT LINE OF LOT "C" AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03024'40" AN ARC DISTANCE OF 21 43 FEET TO THE POINT OF BEGINNING THE HEREINABOVE DESCRIBED AREA CONTAINS 829 SQUARE FEET MORE OR LESS y.--A '^-----'\ MARK A. BRENCICK, L.S 7226 . . , LANDMARK CONSULTING 6-71M!LEGALDESCJSWResmtLOT21~DOC " j -I - - ~,=, I , - I . POWA ~ 16009 t , CITY OF ~-;; \ EXHIBIT "B" EA 04"-'01 SHEET 1 Or 1 LEGEND LINE DA TA NO. BEARING DISTANCE ~ P/jBi.'IC SEWER AND AGQESS ESMT L1 N88"73'7B"E 5378' , DWICA TED HEREON L2 N60'76'52"E 2468' PO B, POINT or BEGINNING L3 N67'35 '29 "E 7825' ffi 7' LANDSCAPE MAINTENANCE L4 N76'04'56"E 72.84' EASEMENT RESERVED PER L5 N88'25'06"E 7726' MAP 74388 L6 N47'25'79"W 7 00' & 7' GENERAL UTILITY EASEMENT CURVE DATA RESERVED PER MAP 14388 AND GRANTED PER NO RADIUS DELTA ARC DGe. # 2002-:-0676169 CI 360:00.' 03.24'40" 21'43' ,- - POR. OF LOT 21 OF MAP 14388 POFrJ OF BASIS. OF LOT "iF OF NJAp J~j38B BEARING / N50'49 '59 "W(R) "----...:_-,-- POFi. OF LOT "Q" OF J\JJ}.\p -14388 '" ~~ """' '" COlla; ~ \ 5AU roK. ,,~ " j VICINITY MAP NOT TO SCALE BASIS or BEARING: ~4~ THE BASIS OF BEARING FOR THIS PLA T IS THE SOUTHERL Y LOT LINE , OF LOT 21 OF MAP 14388; MARK A. BRENCICK, LS 7226 I.E. N88'13'18"E LANDMARK CONSULTING EA 04-01 PLANNING ENGINEERING SURVEYING 9555 GENESff A VENUE. STE:, 200 PLAT TO ILLUSTRA TE LEGAL SAN DIEGO, CA 92121, (858)587,8070 DESCRIPTION OF PUBLIC SEWER AND ACCESS EASEMENT OVER A PORTION PPP,JEC T NUMtlER,' 6 II Or LOT 21 OF MAP 14388 .0 A fE, 17 JUN 2004 6- -, IM;'misc-dwg/SWResmtL072i dwg - ~' . . 1~10 , , " CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated July 13, 2004 from Northpoint Development, Inc" A California Corporation, Grantor, to the City of Poway, Grantee, a political corporation aricl/o('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 July 26, 2004 CITY OFPOWAY By' M:\engserv\eng forms\Easements\certificate of'acceptance-city EA04-01.doc