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Grant of Easement Water Line & Appurtenances 2001-0365808 < . >-I:HECORDING REQUES_ BY. . . j)" rW ~~O~~ I ftof\ 4848 - DOC ,~ '2001-0365808 CITY OF POWAY AND Wf1ENRECORDEDMAIL TO, Jun 05, 2001 8:22 OFFICIAL RIDlRDS SI1N DIEGO COlJHTV RECORDER'S OFFICE GREGORY J. SMITH. aJUNTVRECORDER FEES: 0.00 , 1IIIIIIIIIIi,ll( 2001-0365808 0) \ 1.111;:) "pav"V..:....; ~ NO DOCUMENT TRANSFER TAX NO FEE AM CITYCLERK CITY OF POWAY . ' POBOX 789 POWAY CA 92074 No transfer tax due Tax Parcel No 317-281-13&14 GRANT OF EASEMENT (WATER: LINES & APPURTENANCES) WE 801-01-373 POMERADO LEASING No 8 L.P., a California Limited ,Liability Company, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (herei[lafter "GRANTEE"), its successors, or assigns,the .following described easement for a right-of-way, in, upon, over, under and across'the lands described in Exhibit "A," and depicted in Exhibir''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 comm'unjcation purposes, at such locations and elevations, upon, '<lIang, over and und~rthe right-of~way described in Exhibit "A" as GRANTEE rnay now or hereafter determine in its sole discretion without any qdditional co.mpensation 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,righfto use this easement,for access to GRANTEE's rights-of- way situated in adjacent lands, without any additional compensation therefor The land encompassing this ea~ementis situated in!he.CoiJnty, of SAN DIEGO, State of California, ana is more partic:ularly-described .as foliOws, to wit: THAT PORTION0F LOT 97 AND THE EASTERlY261.98 FEET OF LOT 96 Of; CITY OF POWAY TRACT 85~04, UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE GF CALIFORNIA, ACCORDINGT0MAPTHEREOF NO 12572, FILED INTHE OFFICE OF HiE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1990 GRANTOR, its ,heir, successors and assigns shall noterect 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 ease,ment without the express written approval of the City of Poway as evidenced. by t~e ::;ignature of the Director of Development Services oh an approved plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on. any portion of the easement. 1~4-lq 01-01(0 . . . 4849 GRANTEE may use all gates and f~nge'~, w~ich,now'or late~ross .any portion of the easement. :GRANTEE shall also be entitle to trim, .cut, or clear away or remove any tr,ees, brush, or other vegetation or flora from..time'to time as GRANTEE determines in its sole, discretion without any addition compensation. GRANiTOR agrees that no other easement oreas~mentsshall:begra,nted on, under, or over this easement without obtaininglhe'prior writtenconseht of GRANTEE. GRANTEE may at ariy time increase its use ohhe easement, change the location of pipelines or'other facilities Withlh'the boundaries'ofthe easement right-of-way, or modify the size 6fexisting pipelines or other improvements as it'may determine, in. its sole discretioh from'time to time without paying any additional compensation to GRANTOR or GRANTGR:s heirs: successors, or assigns, provided GRANTEE doe hot expand its useofthe easement beyohdtheeasement bouhda~ies described above It is also understood and agreed by the parties that the GRANTOR and the GRANTOR~S heirs, successors, ,or assigns, shall notincrease.or decrease or permit to be increase or decreased the existing ground elevations of the above described easement which exists at the time this document is execCltedwithout obtaining the prior wTitten consent cif 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 perfqrri1ance of this easement, the, prevailing party shall be entitled to an award of allattoYri.ey:s.fees, andtlie,costsof 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 8o~ day of \~ ,20~ If\JG NO 8 L:.P imited'Liability Company) C, Hamann; (Signatures must be notarized, Notary form attached.) CAL~~~~~J~ill<'~~~~0r.~~=-~~<Y." Cl - 'I State of ~ ~ -0; '-"l<" 5/00\1)\ Dale personally appeared ::Je.W~ C County of On before'me, L 6. ~lc.kll-VeU.o--... Name and Tilfe of Officer (e.g., ~~~ ~ f>\.<.I..\...<-. Jane Doe, Notary Public") Name(sj of Signer(s) C.ypersonally known to me o proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/are-Subscribed tothe within instrument and acknowledged to me that he/&ftefttTey executed the same in hislRerlttreir authorized capacity(ie6), and that by his/Rerftlwir signaturefs) on the instrument the personf&L or the entity upon behalf of which the person(&) acted, executed the instrument. L. E. RICHARDSON ~ COMM:,,'1276143 'G) NOTARY PUIIUCoCALlFORNIAO , SAN DIEGO COUNTY .. COMM, EXP, SEPT. 23. 2004 WITNESS my hand and official seal. Signature 01 Notary PubliC OPTIONAL Though the information below is not required by,law, it may prove valuable to persons relYing on the document and could prevent fraudulentiemoval 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 by Signer(s) Signer's Name: Signer's Name' o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other" Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-incFact o Trustee o Guardian or Conservator o Other" Top of thumb here Signer Is Representing: Signer Is Representing: 1 I, '-"-'-'-''':''---=- -'-.-.- ~'_":"_~ 1 .1>; Rcorde' Call Toll-Free 1 800-S76-68:>7 e 1996 National NolaI)' AssO<;ia~i()(l' 8236 Remmel Aile" P,O, Box 7184' Canoga Park, CA 91308 7,84 Prod. No. 5907 ,I ,) 1 ,,) 'I '1 ) ,) 1 'I ,I 1 1 ,I ,I 'I 1 '1 .) 1 ,I ,) .) .) '1 ) .) .1 .1 1 1 .1 1 .1 . 4851 . EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT WE 801-01-373 ALL THAT PORTION OF LOT 97 AND THE EASTERLY 261.98 FEET OF LOT 96 OF CITY OF POWAY TRACT 85'04, U'NI"f'2, IN THE CITY OF POWAY,COUNTY OF SAN DIEGO STATE -. - ., . .~ . ' OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12572, FILED IN THE OFFICE OF THE COUNTY'RECORDER;0F SAN DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO 90- 107515, BEING' A STRIP OF LAND 20.00 FEET IN WIDTH LY:ING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CEN;rERLlNES: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 97 SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF. 247550 FEET TO WHICH A RADIAL LINE BEARS SOUTH 8'10'59" WEST, SAID POIN:r BEING DISTANT THEREON 18472 FEETTHROUGH A CENTRAL ANGLE OF 4'16'31" FROMTHE.SOUTHEAST CORNER THEREOF, THENCE LEAViNG'SAIDSOUTHERL Y L1NEALONGSAID CENTERLINE, NORTH 5'57'47" EAST 54.91 FEET, THENCE SOUTH 83'13'04" EAST 119.50 FEET, THENCE SOUTH 89'52'03" EAST 25,42 FEET TO A POINT HEREINAFTER REFEHRED TO AS POINT "A"; THENCE SOUTH 0'07'57" WEST 1000 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE RETHACING N()RTH 0'07'57" EAST 10.00 FEET TO SAID POINT "A"; THENCE CONTINUING NORTH 0'07'57" EAST 251 45 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT"C"; THENCE CONTINUING NORTH 0'07'57" EAST 14359 FEET, THENCE NORTH 43'02'57" WEST 42.33 FEET, THENCE NORTH 69'35'27" WEST 112.99 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH 69'35'27" WEST 147 i7 FEET, THENCE SOUTH 61'59'51" WEST 167.80 FEET, THENCE SOUTH 16'13'35" WEST 88.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 16'13'35"~EST 30922 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 16'13'35" WEST 1019 FEET TO THE, SOUTHERLY LINE OF SAID LOT 96 DISTANT THEREON SOUTH 74'00'00" EAST 34.00 FEET FROM THE SOUTHWEST CORNER OF THE EASTERLY 261.98 FEET OF SAID LOT 96. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE GENERAL UTILITY EASEMENT AS SHOWN ON SAID MAP NO 12572. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND SAID GENERAL UTILITY EASEMENT ALSO: BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 89'52"03" EAST 19.56 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 20'24"33" EAST 2130 FEET TOA POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 73'46"25" WEST 17.57 FEETTO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE NORTH 73'46"25" WEST 17.96 FEET TO A POINT OF TERMINATION. Page 1 of 2 . 4892 . ALSO' All THAT PORTION OF SAID lOT 97 DESCRIBED AS FOllOWS: BEGINNING AT ABOVE MENTIONED POINT "B"; TH.EN_c;E SOU;rH 89052'03" EAST 10.00 FEET TO THE EASTERLY .liNE OF. SAID STRIP OF LAND; THENCE LEAVING SAID STRIP OF LAND ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 0007'57" WEST 8.76 FEET, THENCE SOUTH 89052'03" EAST 473 FEET, THENCE SOUTH 0007'57" WEST 18.91 FEET, THENCESQUTH 89052'03" EAST 2.09 FEET, THENCE SOUTH 0007'57" WEST 15.93 FEET TOA POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY EASEMENT, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2470.50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 4018'54" WEST, THENCE ALONG SAID NORTHERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 0037'26" A DISTANCE OF 26.90 FEET, THENCE LEAVING SAID NORTHERLY LINE AND SAID CURVE; NORTH 0007'57" EAST 41.50 FEET TO THE SOUTHERLY LINE OF SAID STRIP OF LAND; THENCE ALONG SAIDSOUTHERL Y LINE, SOUTH 89052'03" EAST 1000 FEET TO SAID POINT "B" AND THE POINT OF BEGINNING SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF ~ rl RAMON J. SPEAR, LS.6404 -s-, -0\ DATE Page 2 of2 ," EASEMENT DATA 1 N.05,"57 '47"E. 54.!;Jl' 2 S.83 '13 '04"E, 119.50' 3 S:89 "52 '03 "E. 25.42' 4 N ,00 '07 '57"1;:. 10,00' 5 t:Loo 'O7'57"!::. 251.45' 6 S ,89"52 '03 'E, 19,56' 7 N ,00 '07 '57"E , 143,59' 0)(0 8 N.43 '02 '57"W. 42.33' 9 N.69 '35'27"W, 112,99' g:;' 10 N,20 '24 '33"E, 21.30' 0 1-1 N.69'35'27"W. 147.77' Q, 12 S,61 "59'51"W, 167,80' 13 S,16'13'35"W.88.98' 14 N.73 '46 '25"W, 17.57' 15 S,16'13'35"W, 309.22' 16 N.73'46'25"W. 17,96' ;::. 17 S,16 "13'35"W. 10,19' w S? 18 1l=4 '16 '31" in R=2475.50' :; L=184 ,72 , ,... , CO S? SEE NOTE A ~ PAGE/2 OF 2 34' EXHIBIT "B" 4853 PAGE 1 OF 2 SCALE 1" '" 95 I MAr "E" I \2612 POINT 97 fJ! \5504- 0 I Q, POINT R.O's. 34,00' ~ I POINT \"8" --- EASEMENTS SEE PAGE 2 OF 2 SCALE 1" '" 100' DATE 02/21/01 ~, TEP 0<. RJS WATERLINE EASEMENT PLAT WE 801~01-373 SPEAR & ASSOCIATES, INC. ~ JOB~. . CIVIL ENGINEERING Af'D lAND SURVEYING , 750 N, CITRACAlJO I?KWY. STE, 2. ESCQIo,tlIDO. CA 92029 DWG ~. (760) 737-7<<72 FAX (760) 737c 727 4 97-183 97 -183WL. 34' ::; .... . .... ...!11 ~(Q \'l " ~ " p ~ 2 ~ l", f31 ;;'il "'!I " zl 4 \) J / I EASEMENTS EXHIBIT "B" 4854 SCALE r;::-, PUBLIC li:nLlTY EASEMENT PER MAP NO. 12572. EASEMENT TO ~ PACIFIC 'BELL REC, 9/6/91 AS FILE NO, 9H045~6750,R, (Ej) EASEMtNT TO SAN DIEGO GAS AND ELECTRIC, COMPANY REC, '5i 5/25/90 AS: FILE NO, 90-286803 O.R.(~OT P!-OTTABLE) o EASEMENT TO' PACIFIC BELL REC, 10/20/94 AS FILE NO, ~ 1994-0614222 O.R, WATERLINE EASEMENT PLAT WE 801-01-373 . SPEAR & ASSOCIATES, INC, ~ JOO NO. CIVIL ENGINEERING AND LAND SURVEYING , 750 N. CITRACADO PKWY. STE. 2. ESCOtllIOO, .CA 92029 DWG NO. (760) 737-7272 FAX (760) 737-7274 EASEMENT DATA 1 S,89'52'03"E, 10.00' 2 N.00'07'57"E. 8.76' 3 S,89'52'03"E. 4,73' 4 N,OO'07'57"E. 18,91' 5 S,89'52'03"E. 2,09' . 6 N.00'07'57"E, 15,93' 7 t.=0 "37 '26" R=2470 .50 ' L=26,90' i N,OO'07'57"E, 41.50' 9S.89'52'03"E. 1 0,00' .10 N,O.4i8'54"E.(R) 5,00' 11 t.=0 "24'26" R=2475:50 ' L =::1.7 ,59 . NOTE A LOT LINE PER.CI.TY OF POWAY BOUNDARY LINE ADJUSTMENT NO, 97-02 AS SHOWN ON RECORD OF SURVEY NO. 15504. A CERTlFICA TE OF COMPLIANCE WAS RECORDED M:AY 20. 1997 AS FILE NO. 1997-0232178 OF OFFICIAL' RECORDS. SCALE 1" = 100' OATE 02/21/01 (RoI. TEP CK, AJS ~ POINT 8 ,-- !1J '" DETAIL SCALE 1"=20' PAGE 2 OF 2 1" = 20' ~ -N- j ---l .e:i wi '101 :'ll ~I 1rJ1 :il I ) /' 97-183 97-183WL . 4855 . CERTIFICATE OF' ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: May 30, 2001 from Pomerado Leasing No 8 L.P, a California Limited Partnership, 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 pursuantto authority conferred by Resolution No 34 adopted on January 20, 1981 and the grantee consents to recordation thereof by its duly authorized officer Dated May 31, 2001 CITY OF POWAY Seal N:lcitylsharelcertificate of acceptance,City.doc