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Grant of Easement Water Lines & Appurtenances 2001-02160357'..:. ~f~":-;' . :, :. ,"~ {)(!, . RECORLlING REGlOESTED BY .,: , ) ) . DOO#2001-0216035 CITY OFPOWAY Apr 10,. ~2001 8:22 lfFICIAl. REClJ/DS 3248 SAHDIEGO IIIOOY RmlRDER'S OFFICE I 6RfIiORYJ. SHITH. ClUffY 'REIWm~t> I FEES: '. , 0.00 "'-"lICI\ ,- ,,1/ " II' """ " III "" III r OC: NA 2001.0216036 AM AND WHENREGORDED MAIL TO, CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 No transfer tax due Tax Parcel No 320-220-03 I ) (This space for Recorder's Use) NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT (WATER LINES & APPURTENANCES) WE 801-01-405 HARMONY GROVE PARTNERS, LP, a California Limited Partnership, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafteriiGRANTEE"), its successors, or assigns, the-following described easement for a rightcof-way, in, upon,over, under and across the lands described in Exhibit "A," and depicted in Exhibit "B," to erect, construct, reconstruct, replace, repai~, rTlairitain, and use a pipeline or pipelines for any and all purposes, together with suCh' fixtures and appurtenances, including, but not Itrnited to, facilities for power transiTi.ission al1d communication purposes, at such locations and elevations, upon, along, over andc under the right-ofcway described in Exhibit "A" as GRANTEE may now or hereaft~r determine in its sole discretion without any ad.ditional compensation therefor, togethe-r with the right of ingress and egress from the easement by a practical route orroutes in, upon, over, or across the land described below, together with the right to usethis 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: ALL THAT PORTION OF LOT3 OF CITY OF POWAY TRACT NO 86c02R (2) POWAYCORPORATE CENTER UNIT2 & 3,JN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 13,2000 GRANTOR, it:') hei[s, successors and assigns shall not erect or construct or permit to be erected orconstruct$d any building, structure or improvement or plant any tree or trees or plant any other veg'etation 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 1",0'-1- \Cj 01-05"& "' . 324.9 . 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 trees, brush"or otjler vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement without 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 within'the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs,esuccessors, 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 thatthe 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 ofthe 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, 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 interpretthe 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 to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ICj~ day of ~tA... ,200\ --:7 /J ( r ' "Grove Partners :;:J"j ''''ALlFORNIA LIMITED PARTNERSHIP ,I . Jeffrey C. Hamann l (Signatures must be notarized, ~ Notary form attached) c:\data\wp-files\kim\documents\easement\pomerado .n05 ~ - "6325_ . CALIfORNIA ALL"PURP~EACKNOWLEDGMEN,[ ~ ~.KX:'~~~~~~..&".:<;}'~~M~=~~.<JS:~~&;:-&<'''&''):.' ~ (II ,I' ,I 1 'I 1 Slate of ~~ ~l);~ 3kdo\ County of before me, L.,t,'~ 00 Name and Tille of Officer (e.g., "Jane Doe, No C. ~.<"- On qate crt-W'j Nam~(s) of Signer(s) personally appeared i'j!P personally known to me o proved to me on the basis of satisfactory evidence to be the person(.ll1' whose nameffi} is/are subscribed to the within instrument ahd:acknowledged to me that he/shetttmy executed the same'in his/hefill ,~ir authorized capacity(ie6), and that by his/l9or,~1 ''';Isignature(el' on th~ instrument the person!sJ, or the entity upon behalf of which the person(s) acted, executed the-';'hstrument. _ ~ .A _ __ -_ _ ~ ~ '__ ( , . L E.:RICHARDSON ~ COMM't 1276143 NOT ~RY PlJBUC.cALIFORNIA lil . SAN DIEGO COUNT,v '0 COMM:EXP SEPT; 23;' 2004'" WITN ESS my hand and official seal I, OPTIONAL Though,the information below:is notrequired'by;aw, it may prove valuable to persons r~/ying on the aocument and could prevent fraudulent removal and reattachment of this form'fo 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-I::] Limited o General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other' o Individual o Corporaie Officer Titie(s): o Partner.- 0 Limited 0 General o Attorhey'ih-Fact o Trustee o Guardian or Conservator o Other' . Top of thumb here Top of thumb here Signer Is Representing' Signer Is Representing: 01996 NatioflafNolary Association' B236 Remme! Ave., P,O. Box 7184. Canoga Park, CA 91309 7184 ''''''',,' Prod No: 5907 Reorder: Call TolI.Free 1-800.876:6827 ,I ,I 1 ,I ,I 1 1 1 ,I 'I ,I 1 'I 'I 'j j 'I 'I ,I ,I j ,I 'I 1 ,I 1 'j " j I 'j 1 "I 1 '" . 3:251 . WE 801-01-405 e EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT ALL THAT PORTION OF LOT 30F CITY OF POWAY TRACT 86-02R (2) POWAY CORP.ORATE CENTER UNIT 2 &,,3, IN THE CITY OF POWAY, COUNTY OF SAN of EGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 13, 2000, BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 1000 FEET ON EACH SIDE OF AND PARALLEL WiTH 'THE FOLLOWING DESCRIBED CENTERLlNES. BEGINNING AT A POINT ON THE NORTHERLY LINE OF ,SAID LOT 3 DISTANT THEREON SOUTH 87018'29" EAST 505 FEET FROM THE NORTHWEST CORNER THEREOF, THENCE LEAVING'<SAID NORTHERLY LINE ALONGSAID'CENTERLlNE, SOUTH 2041'29" WEST 35,00 FEET, THENCE SOUTH 42018'31" EAST ,51 04 FEET, THENCE SOUTH 2041'29'~ WEST 266.34 FEETTO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 2~41'29" WEST 28590 FEET; THENCE SOUTH 23018'29" EAST 127.30, FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 23018'29" EAST 5.10 FEET, THENCE SOUTH 87018'29" EAST 392.60 FEET, THENCE NORTH 2~4'1'45'~ EAST 33.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 2041'45" EAST 278,89 FEET TO THE SOUTHWESTERLY EDGE OF A PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP NO 13944, THENCE NORTH 49001'56" EAST 15.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE CUL-DE-SAC OF TECH CENTER COURT, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND NORTHERLY HAVING A RADIUS OF 55,50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 49001'56" WEST, SAID POINT BEING DISTANT WESTERLY AND NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 46020'11" A DISTA~CE OF 44,88 FEET FROM THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 3 WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID CUL-DE-SAC OF TECH CENTER COURT EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID PUBLIC UTILITY EASEMENT. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED,AT ALL LOT LINES, ANGLE POINTS, AND SAID PUBLIC UTILITY EASEMENT ALSO' BEGINNING AT ABOVE MENTIONED POINT"A"; THENCE NORTH 8r18'29" WEST 28,10 FEET TO A POINT OF TERMINATION, BEGINING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 66041'31" WEST 20.00 FEET TO A POINT OF TERMINATION BEGINING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 87018'29" WEST 22.40 FEETTO A POINT OF TERMINATION SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF K<= ~ 4 RAMON J. SPEAR - L.S. 6404 z/JrotOI I ATE . . LD <!1 ..... OJ ... \J..l OJ f\J ..... ... , -.;t f:1 z 3252 PAGE 1 OF 2 in SCALE 1" = 100' WAY f,Ij o A ~ct /' 1 :?:-~~ - -----~~~ - ~~ll 'c3J T BOUNDARY DATA I I Er 10~g: CD N.66 '39'00"E 56 19' ! I . is @ 6=90 '00'00" I ,..... U R=55 .50 : D<D< I :; L=87.18 r)9 I LD I @ 6=90.00'14" \? II (T] 0: R=29 ,50 , I \J..l W L=46.34' ~O. I ~ f- ) I ~ z LOT 3 ! I ~~~ EASEMENT DATA 24.5' 1 S.02'41'29"W.35.00' I 2 S 42.18 '26"E. 51.04' &:l 3 S,02.41'29"W.266-.34' I f- 4 S ,02 .41 '29 "W 285.90 ' L-. 9 S.02 '41 '45"W 278.89' 10 N .87" 18 '29 "W. 28 10' 13 @ 13 N .49 '01 '56 "E (Rl 15,00' / -/ EXHIBIT liB II KIRKHAM r o -1 POINT "A" 10 , \ \ \ '0\?-~ EASEMENTS ~ PU8LIC UTILITY EASEMENT PER MAP NO 13944 ~ 20' DRAINAGE EASEMENT PER MAP NO 13944 ~EXISTING PIPELINE EASEMENT REC 10/23/90 AS FILE NO 90-574891 O.R ~ RECIPROCAL ACCESS EASEMENT REC. 4/12/00 AS FILE NO 2000~0185572 O,R @ WATERLINE EASEMENT DESCRIBED HEREON 11 SEE PAGE 2 OF 2 R. SCALE 1" = 100' DATE 11/27/00 WATERLINE EASEMENT PLAT WE 801-01-405 SPEA,R & ASSOCIATES, INC, ~ JlB NO, CIVIL ENGINEERING AND LAND SURVEYING I '750 N. CITRACADlJ PKWY. STE, 2. ESClNlIOO; CA 92029 DWG NO. (760) 737-7272 FAX (750) 737-7Z74 99-329 99-329WL OON. TEP C<. RJS I jd/ /r------- J3944 /" // / <'0, / / / / / / / / / // 'i SCALE 1" = 100' -N- J ~ b 0 f -1 \ \ \ 4 EXHIBIT "B" SEE PAGE 1 OF 2 BOUNDARY DATA . N,55 '39 'OO"E, 55 19' N 48 '25 '09 "E 78,52 ' N.87 '35 '13"E 84.42' N.79 '04 '52 "W 24,99 ' <J)" ~ ~ '?, 't> ~ % 10 '0 ~, 20' 10' 10' EASEMENT DATA 4 S.02'41 '29"W 285.90' 5 S ,23'"18 '29 "E, 127,30' 5 S,23"18'29"E 5,10' 7 S.87 '18 '29"E 392.50' 8 S,02 '41'45"W 33,50' 9 S .02 '41 '45"W 278.89' 11 N,55 '41'31 "E 20,00' 12 N.8?" 18'29 lOW 22 40' POINT 13 N 49 '01 '55"E. (R) 15,00' ,i) ~ b o -1 . b -.l ~ [Ti S o b JVJJ-\p NO. - - 0 0"'" ,..., LOT 3 S83 '06 '23 "E 290.62 ' EASEMENTS (t) PUBLIC UTILITY EASEMENT PER MAP NO 13944 ~ 20' DRAINAGE EASEMENT pER MAP NO 13944 ~ WATERLINE EASEMENT DESCRIBED HEREON 3253 PAGE 2 OF 2 1l=45 '20'11" R=55 .50' ' . L=44 ,88 . <\.1 b o -1 -- - f: WATERLINE EASEMENT PLAT WE 801-01-405 SCALE DATE DAN, TEP 1". = 100' 11/27/00 SPEAR I>. ASSOCIATES. INC, CIVIL ENGIJIEERING AND LAND SURVEYING ,750 N. CITRACAOO PKWY. STE, 2, ESCCHlIlJ(); CA 92029 (760) 737-7272 FAX (760), 737-7V4 OWG NO. a<. RJS JlB NO. 99-329 99-329WL . . 3254 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated March 19, 2001 from Harmony Grove Partners, LP, a California Limited Partnership, to the City of Poway, a political corporationand/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: April 6, 2001 By' q (~~ O/'AAL> ?~Q~;;, Lori Anne Peoples, City Clerk