Loading...
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