Grant of Easement Water Lines & Appurtenances 2001-0216034
"-
~i'
V*'
.- ,- RE~ORDING REQUESfD BY
.
Dee # 2001-021603#
I
~~
3~?l?
AM
- "
.,
\~.
, CITY OF POWAY
Apr- 10. 2001 8:20
,OFFICIAl. RmiIDS
SAN DIEm !IDlTV RIDRDER'S OFFICE
IJREGlJRYJ, 'SMITH; !IDlTViRErnRDER '
, FEES: . O;()O
1111111111111""IIIIIIIIIIII~ OC: ~
2001-0216034 _
AND WHEN RECORDED MAIL TO'
CITY.CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074
No transfer tax due
Tax Parcel No 323-090-74
323-090-70
----.......... ... ........'-'J
NO DOCUMENT TRANSFER TAX
NO FEE
GRANT OF EASEMENT
(WATER LINES & APPURTENANCES)
WE 801-01-406
PARKWAY CENTRE FOUR INVj:STORS, LLC, a Delaware Limited Liability Company,
(hereinafter "GRANTOR") hereby grants to CITY OF POWA Y (hereinafter "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 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 appurt~nances, 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 rightofingress 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:.
THAT PORTION OF LOTS 3 AND 4 OF TRACT 98-05, MAP 13852, CITY
OF POWAY, RECORDED IN THE COUNTY OF SAN DIEGO,
CALIFORNIA, SEPTEMBER 17, 1999, AND ALSO BEING A PROTION
OF PARCEL "B", BA 00"05, DOCUMEN:T 2000-0276105 RECORDED IN
THE COUNTY OF SAN DIEGO, CALIFORNIA, MAY 25, 2000
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
I 50lH '1 01 ~o5?
, tt' 3240.
GRANTEE may use all gates' and fences, which;. now or later, cross any portion of the
easen;Jent. GRANTEE shall also be entitle to trlm,cut, or clear away or remove any
trees, brush, or other vegetation or flora from time to time as GRANTEE determines in
its sole discretion without any addition 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 toe 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, successors, or assigns, provided GRANTEE doe not expand its
use ofthe easement beyond the easement boundaries described above,
It is also understood and,. agreed. by the parties that the GRANTOR and the
GRANTOR'S heirs, successors, or assigns, shall not increase or decrease or permit to
be increase or decreased the existing ground elevations of the above described
easement which exists aUhe'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
interpret the 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 GRANTORhas executed this Easement this 23 rot day
of MARCpj ,20 ~ _b~ li~./ yP
DOll M;~el
c%mM 4. ,,!ft,Jfl ,Sr. v. A
PARKWAY CENTRE FOUR INVESTORS, LLC
A Delaware Limited Liability Company)
Thomas A. Fuller
(Signatures must be notarized,
Notary form attached)
.
3241.
CALIFORNIA ALL.PURPOsE ACKNOWLEDGMENT
~'(: .
~ [)folr fJubLK:.-
Name and Title of fficer(e.g., "JOIn oe, Notary Public")
()1YJ n1/khf.11 aflclThorrns fl. MLRIZ.
Name{slofSlqner(s)
I
State of California
} SS
.~rsonally known to me
o proved to me on the basis of satisfactory
evidence
,
"
"
County of
/~(l.n DLfqj)
U
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), 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.
wms my hand and official seal.
Signature 0' Notary Public
OPTIONAL
Though the information below is not required by faw; it may prove valuable to persons relymg on the dOGumeat
and could prevent fraudulent removal and reattachment of this form to another document.
~:
,
"
="'0",,,,-,,,,,,.,,,".1'00==,,,,,,,,,,,,,,,,,=====..=..=..=..==,,,,,,.,,,-,.,,,,;0;; ',",
Number of Pages:
Top 01 thumb here
IQ 1999 National Notary AssoclallOn' 0350 De Sola Ave" PO BGX 2402' Chatsworth, CA 91313'2402' www.nationalnotaryorg
Prod. No. 5907
Reorder; Call ToII,Fre8 1-800-876-6827
On -3, ;;13 - 0/
Date
, before me,
personally appeared
1
"
"
,
l~~-~~------
~~.' ',;;<;". ANN M, feU-TO - -)
s :" ',;, COMM.# 1289207 z
,~... - ..\0
f;@ -,;:,. ..." NOTARYPUBUC.{;ALlfQRNIA ~
. '.. SAN DIEGO COUNTY -'
~ .- .: ..' MYCOMMISSIONEXPIAESJAN1,200S j
- - ~-..r_~
I'
,
,
,
,
Place Notary Seal Above
,
,
1
,
,
,
Description of Attached Document
Title or Type of Document:
Document Date:
"
"
Signer(s) Other Than NarTIed Above:
Capacity(ies) Claimed by Signer
Signer~s Name:
o Individual
o Corporate Officer ~ Title(s):
o Partner - 0 Limited 0 General
n Attorney in Fact
o Trustee
D Guardian or Conservator
o Other'
Signer Is Representing:
,
~X;
.
3242
.
Sheetl'ofJ
WATER EASEMENT
WE 801-01-406
EXHIBIT "A"
Being a portion of Lots 3 and 4 of Tract 98-0S, Map 138S2, City of Po way, recorded in the County of San
Diego, California, Sept. 17, 1999, and also being a portion of Parcel "B", BA OO-OS, Document 2000-
0276] OS recorded in the County of San Diego, California, May 2S, 2000, more particularly described as
follows:
PARCEL I-WATER EASEMENT
An Easement 20 Feet in width, being ]0.00 feet measured at right angles, on each side of the following
described line:
Beginning at the most Southwesterly corner of Lot 4, of Tract 98-0S as shov.TI on Map 138S2, said point
also being on the Northerly Right of Way line of Kirkham Way, said point bearing N62 037'SI "E, 126.6 ]
feet from the Southwesterly corner of Parcel "B" of said BA OO-OS, Rec, May 2S, 2000, thence Easterly
along said line N62 037'S] "E, 46.64 feet, to the True Point of Beginning of the Line herein described;
thence N27"22'09"W, ] 78.91 feet to a point herein set out as Point "A", thence S6202S'34"W, 106.98 feet;
thence N74 016'47"W, 2.30 feet to a point herein set out as Point "B"; thence N74 0 16'47"W, 41.37 feet;
thence N300S9'09"W, 264.3] feet to a point herein set out as Point "C"; thence N30oS9'09"W, 233.23 feet
to a point herein set out as Point "0"; thence N300S9'09"W, 2.90 feet to a point herein set out as Point
"E", thence N300S9'09"W, 6.82 feet; thence N]4 OOO'S\ "E, 21.2] feet; thence NS9000'SI "E, 346,79 feet;
thence S7S oS9'09"E, 21.2] feet; thence S300S9'09"E, ]6,73 feet to a point herein set out as Point "F";
thence S300S9'09"E, 31 ] 4 feet to a point herein set out as Point "G"; thence S300S9'09"E, 110.30 feet, to
a point herein set out as Point "j"; thence S300S9'09"E, 184.63 feet to a point herein set out as Point "K";
thence S300S9'09"E, S6.S1 feet to a point herein set out as Point "L"; thence S300S9'09"E, 3S.S4 feet to a
point herein set out as Point "M"; thence S300S9'09"E, 10990 feet; thence SlS043']3"W, 20,S7 feet;
thence S6202S'34"W, ] 9 18 feet to a point herein set out as Point "N", thence S62 02S'34"W, 206.30 feet,
to the aforementioned Point "A"
PARCEL 2-WATER EASEMENT
An Easement 10 Feet in width, being 5.00 feet measured at right angles, on each side ofthe following
described line:
Beginning at Point "B" as setout in Parcell, thence S]S043']3"W, 32.07 feet.
PARCEL 3-WATER EASEMENT
An Easement 10 Feet in width, being S.OO feet measured at right angles, on each side ofthe following
described line:
Beginning at Point "C" as set out in Parcell, thence SS9000'S] "w, 36,4S feet.
.
.
3243
Sheet 2 ofl
PARCEL 4-WATER EASEMENT
An Easement 10 Feet in width, being 5,00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "D" as setout in Parcell, thence N59000'51 "E, 27 44 feet.
PARCEL 5-WATER EASEMENT
An Easement 20 Feet in width, being 10.00 feet measured at rightangles, on each side of the following
described line:
Beginning at Point "E" as set out in Parcel I, thence S59000'51 "W, 4745 feet, terminating at a point on
said adjusted lot line per City of Poway Boundary Adjustment, BAOO-05, recorded May 25, 2000,
PARCEL 6-WATER EASEMENT
An Easement 10 Feet in width, being 5.00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "F" as set out in Parcel I, thence N59000'51 "E, 24.51 feet.
PARCEL 7-WATER EASEMENT
An Easement 20 Feet in width, being 10.00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "G" as set out in Parcel I, thence N59000'51 "E, 97.24 feet to a point herein set out as
Point "H": thence N59000'59"E, 21.01 feet, terminating at a point on the Westerly Right of Way line of
Danielson Street of Tract 98-05 as shown on Map 13852.
PARCEL 8-WATER EASEMENT
An Easement 10 Feet in width, being 5.00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "H" as set out in Parcel 7; thence N30059'09"W, 18,95 feet to a point herein set out as
Point "I"; thence N30059'09"W, 11.05 feet,
PARCEL 9-WATER EASEMENT
An Easement 10 Feet in width, being 5.00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "I" as set out in Parcel 8; thence S59000'51 "W, ]0.00 feet.
.
.
3244
SheetJof3
PARCEL IO-WATER EASEMENT
An Easement 10 Feet in width, being 5,00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "J" as set out in Parcell, thence S59000'51 "W, 44.29 feet
PARCEL II-WATER EASEMENT
An Easement 10 Feet in width, beingS 00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "K" as set out in Parcel I, thence S59000'51 "W, 44.29 feet
PARCEL 12-WATER EASEMENT
An Easement 10 feet in width, being 5,00 feet measured at right angles, on each side ofthe following
described line:
Beginning at Point "L" as set out in Parcell, thence N59000'51 "E, 24.51 feet
PARCEL 13-WATER EASEMENT
An Easement 10 Feet in width, being 5.00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "M" as set out in Parcel I, thence S59000'51 "W, 44.29 feet
PARCEL 14-WATER EASEMENT
An easement 10 feet in width, being 5.00 feet measured at right angles, on each side of the following
described line:
Beginning at Point "N" as set out in Parcel I, thence S27"34'26"E, 22.62 feet
Side lines of said easement to be extended or shortened to meet at angle points.
Easement is more particularly shown on Exhibit "B", attached hereto and by this reference made: part
hereof
jJj~
Si,,,,,,,,,,, /2/SI / ~ z...
Registration Rene\\"S ' I
3245
CITY OF POWAY
WATER EASEMENT'PLAT
~;!iy'";;';;~ EXHIBIT B
SCRIPPS POWAY PARKWAY N59'-!Xl'-5t'E_ -,--
- - -W- - - - BAStS OF BEARING
if..:Jill:;~'OO'51"E_~10'OO, _~_ ~...-::~,J19.g.2~~" y,-~
- f26.ff .-11' - =1BJ.'71'='--- ft = = 'IT -,
!. : @10.00"/@5.00'L 11 I
&j: PARCEL '5" I SEE DETAIL 'c'~ I ~I
"'\ SHEET 2 I'N
w L 13 /" - - -.. I"t'
~, L14 - - PAACa'S', .10
\ ' , " _,", ~ ,..... 't,+#-.' +i2f-f,";' I PARCB....9. l 1~ I
_ '.. I ~ , - , I "1.. ; I
I, ."" I I L10'(TYP,) 20'(TYP) i 1'1 \
\ ," \ 'PARCEL '4' PARCEL '6'-\ I
6g:AiL 'B'-'-~ \-rra'-'l 98~05 \ ~; PARCEL'", ; ~
SHEET 2 i 'I'; r , U PARCE~ '1()'L24 \ " - - - / II' \
~: ~: OJ [cay of poway,- Ilt~ ~
~ 1 II :j'vjap 'J3852 L25 ',-K, , ,I[:~I~
PARCEL '3' ~. 1 POINT "J"- ~ Ill>
___ POINT "c" " -118.25-1\ \ '
L7 '\ J'~ Iii ~
, , I .1 5.,QQ'- T I
Lot '13 i; "', Lot -4 PARCEL 'n'>>'" (g l[, \
47 45'~ ,. 13i'I'~ / ; , I', 11'1 tu
'I :,j/, s:; 1h16J POINT' "K".--/./ PA~'12'IIW
;!; :'iz'l POINT "L"- ; I I' I~
'~ : '/ POINT "M" I:. ;' ,1 ~_\~
.~ 1 X SEE DETAIL 'D' ---"', . <../@gll:g
ij SHEET 2 B I '
o , "d PARCEL "3'; 0 ~
f"J I '! PINT "B" J ,- ..- I IW
6g:AIL 'A~I k : /' POINT "A" i; kj ,I \~
SHEET 2 N L2".-- L36 ' I 0
~-! V:'~t~~ :'il~,I",,' ~;'~:~~~:.-; 7~'< ;,lJ' II I
I . POINT "N", ",I' I
, I ii, L' SEE DETAIL 'E'..J j: 49.00' I
'~~J'-J~I ' / I SHEET 2 '-l
_ :; \ I ',", NO"J2'J2"E- 24.50 i-
~~oM~ _ " ~/;),- ~&65~2.47' J:
"'e.,i!!E. '~~OO'@ ~500' @ ; \..
TP08 KIRKHAM WAY N6Z 3T\1"E
0=87"08'16"
R=3"',50'
L=52....7'
APN: J2J!lOO-OJ .t -<U
OWNER: PARKWAY CENTRE fOUR INIlESTORS. LLC. 2727 HOO\IER AVE, NATIONAl. CITY, CA 91950
APPlICANT: IotcMIWN COIolPANIES, u.c. 2727 HOO\IER AIlE., NATIONAl. CITY, CA 91950
THIS PlAT WAS PREPARED WITH IotY KNOIIIiIlGE AND CONSENT
ONA
iotAI' PREPARED BY:, THOIIPSON LAND SURI/E'tS 261~ ARE 1ot000TAIl DRIVE, OCEANSIDE. CA, 92054
IotICHAEL. S, THOlIPSON L5. .7133 PHONE: (760) 721-1849
,--
SHEET'Of2
EASElolENTCEN
NUWBER BEARING
L1 N :2T'22'09.'W'
L2 N.62"2SJ4..T"
LJ N' 14'6 47 w:
L4 N 15043'13 E
LS NU"J647 It'
L6 H. 30'59'09. 'W
L7 N .~S9TJO 51 'E
L8 N JO'5909.W
L9 N 5900'5'. E
UO N..30'S909 It'
L11 N,;59'OO'S1. f
Ll2 N 30"59'09. It'
UJ N 14'0051 'f
L14 N.;S9TX)'s,.',r.'
US N 75':59'09 It'
U6 N 30'59 It'
L17 N 5900'51 C"
us N 30~'09. It'
U9 N 59'005'. E
L20 N 30"5909. It'
L21 N 59'00 51 E
L22 NJO"S909" W
L2J N 59'0051 'f
L24 N 30".5909'" It'
L2S N 59'00'51 E
L26 N 30"59'09 W
L27 N 59"0051 E
L28 N ~30~9'09 'W
L29 N 59'00'51 E
L30 N 3O'5909.',W,
WI N59'OOS1. E
l32 N JQ'S909."W
LJJ HIS"4.J 13- E
LJ4 N 62'25 J.... E
LJ5 ;N'2rJ4~6 It'
L36 N',62'25'J4~"f
UNE OA TA
DISTANCE
,178.91'
106.98'
2cJO'
32.07'
,41.37'
264;'31'
:56.45'
2J.J..2J'
27.#'
2.90
47:45'
6.82'
21.2"
346,79'
21.2"
16.73
24;5"
31.14'
97.24'
18.95'
10.00
1I:OS'
21.01
110..30'
#.29'
llU.63'
""".29'
56.51
2.;51'
35.s.<
.....29'
109.90'
20.57'
19.18'
22.62'
.206..30'
PLAT NO,
WE 801-01-406
I ~_-- _L12
I /' /.....
1 /L 1 t ~~~~ L~ /PARCEL '4'
I /, ~
I :::-. > -, / , / \
\ / ./ . ., I
FA: \ ,j",(/
~---.." ' I' ,\
t ...... v,~///'->-L9
PARCEL '5"~ _L8
'POINT "D"
I, POINT "E"
.
DETAL '8'
NO SCALE
PARCEL '2' )-
DETAL 'C'
NO SCALE
--------
,
,
,
" 1
" 1
POINT "i"~ "~:E
. 1{Tl
'IJ}
PARCEL '8', I r;i
;0\
L22" ,r:( \
,
L21 \;0 \
PARCa'g',. 0 \
*; 1 PARCEL '6' L20" :~:
, " "z
,; ,_~~~PA~L'!~~', /_",/!'l /
'>1 \ ", ~', '/: ~,)~" : ",," r.'J ~ /
/ ,':'---- L19 ~ ,{Tl
,. ) I'IJ}
L23 ' '0
/\. .\ PDINT"H"-
" / "POINT "G" /1~
v ./ 1-1
~l ) /// i
, ~
~
l..EGENI:)
------- INDICATES LOT LINE
hZf/,"-/lJ INDICATES 20' WATER EASEMENT
NOTES:
@
@
@
PARCEL '14'~
,
,
,
,
3246
.
SHEET2OF2
DETAL 'E'
NO SCALE
-
~
/
/
/
I
I
I
~-'
\, -
~ ~~,
" I"
\
\
\
I
L33/
I
"Nil
/
/
~
---------
DETAL 'D'
NO SCALE
/~~T'-
//:- ,L27 ';f~
/:ARCEL 'n'~ -'7'-''-''-, '\
I / '/, 'j /,
I POINT "K"~ " N
I ,) ',/ OJ
( 1", '. ) ,PARCEL'12'
/ . ~ (
I POINT Y' - ",
I ::~,~
\ . ;'l~\: '
\ POINT "M",' ,I L29
" 5'(TYP), L31 - >,iI' : " L30
\ //'-..,'/
\ -'--',
\, 10'(TY~)' \ - . 'i'"
',PARCEL'13" J
................... ~ .-: _/
ADJUSTED LOT LINE PER BOUNDARY
ADJUSTMENT, BAOO-05, CITY OF POWAY
EXST 10' GENERAL UTILITY EASEMENT, PER MAP 13852
EXST 5' GENERAL UTILITY EASEMENT, PER
DOC.' 2001-0017548, REC, JAN. 11, 2001
LEGAL DESCRIPllON:
,
,
,
,
,
,
"
\
\
\
\
\
\
\
I
I
/
I
I
I
I
/
/
/
/
/
,,-
/
POWAY ~
~
STOWE
,-
~
2: DANI[LSON
~~ STREET
is
"
scr<.i'?t'i
VICINITY MAP
NO SCALE
A PORTION OF LOT 3, PER CITY OF POWAY BOUNDARY ADJUSTMENT PLAT BAOO-05, AND LOT 4, OF
CITY OF POWAY TRACT 98~05, PARKWAY BUSINESS CENTRE, ACCORDING TO MAP 13852
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, SEPTEMBER 17, 1999.
.
3'247
.
CERTIFfcA~E OF ACCEPTANCE
This is to certify that the interest in real property conveyed. by the deed or grant
dated: March 23, 2001 from Parkway Centre Four Investors, LLC, a Delaware Limited
Liability Company, Grantor, 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: March 29, 2001
CITY OF POWAY
Seal'
B
N:lcitylsharelcertificate of acceptance-city.doc