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Grant of Easement Water Lines & Appurtenances 1999-0473334~,I --", Th ~~ \\f 1'-' ."\,1'; 'bc ~.--' \ , . 'c' RECORDING REQUESTED BY. DOC "1999-0473334 ) ) ) ) ) ) )2700 ) ) ) ) ) 1999 9:30 CITY OF POW AY Jul 08. AM AND WHEN RECORDED MAlL TO: OFFICIAL RECORDS SAN DIEGO COUNlY RECORDER'S OFFICE GREGORV J. SMITH. COUN1V RECORDER FEES: 0.00 OC: NA CITY CLERK CITYOFPOWAY P.O. BOX 789 POWAY,CA 92074 No transfer taxdiIe Tax.Parcel No. 317-810-24 NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT (WATER LINES & APPURTENANCES) WE 801-01-376 POW A Y OFFICE ASSOCIATES,LLC, a California Limited Liability Company (hereinafter "GRANTOR") hereby gtantstoCITY OF POWAY (hereinafter "GRANTEE"),its successors, or assigns, the following described easement for a right-of-way, in; upon, over, underaild 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 transrnission 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 inadjacent-Iands, 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 LOT 51 OF CITY OFPOWAYTRACTNO 87-13 UNIT I, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE.OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY ON FEBRUARY 8, 1990. GRANTOR, its heirs, 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 withoutthe express written approval of the City of Poway as evidenced.bythesignature of the Directof'(lfDeveiopment Services on.an approved plan. GRANTOR, its heirs, successors and assigns shallinot dig Dr drill any hole or wells on any portion of the easement. " 2701 GRANTEE may use,allgates 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 other vegetation or flora frbm 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 easerhimtwithout obtaining the jJrior written consent of GRANTEE. GRANTEE may at any time ivcreaseits use of the easement, change the location of pipelines or other facilities within the boundariesofthe 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 ad,ditional compensation to GRANTOR or GRANTOR's heirs, successors, 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 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 easement which exists at the time this document is executed without obtaining the prior written cOlisent ofthe 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 ofthis 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 .7U^J~ ,19 qq . 2.~ ~ day of POW A Y OFFICE ASSOCIATES, LLC '~~;g~~:t Memher (Signatures must be notarized. Notary form attached,) ,CALIFORNIA. ALL,PURPOSE ACI\NOl/VL.IOU'*I'!"....... State of (' } . County of .f>ClN\ ~\~ (:) 27.02' On IDI;;Jqq before me, J>~,~~~2~~~~:-J!\~~t~ili\V personally appeared ~c.kae.l 1+. bran+- . NAM:E(S) OF SIGNER(S) ~personallY known ~o me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and ac- knowledged to me that he/shelthey 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. DONNA STEVENS ~~ Comm #1074025 ~ ~' NOTARY PUBLIC CAlIFORN!A Gl SAN DiEGO COUNTY () w y _ _ v Comm. Exp. Oct t, 1999 .... .... ~~.. ~ WITNESS my hand and oflicial seal, ~~ SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT OPTIONAL SECTION TIT! E OR TYPE OF DOCUMENT NUMBER OF PAGFS DATE OF DOCUMENT Though tfle data requ~sted here is not required by law, n couldpre1ien1 fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE .. - OPTIOllAl sECtioN_ CAPACITY CLAIM.EDBYSIGNER Thougll...... does ",,'reqWo the """._ ' fill in the <lata below dOIng; co '~,,'9 i1vaiuabIe ~ ..:...~. may. prove peniOl'\:S ....,.."\100 Che documeoL o INDIVIDUAL o CORPORATE OFFiCEfl(S) 1mE(Sj o PARTNER(S) 0 UMITED o GENER~l o ATTO~~EY.IN.FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR ]gJ, OTHER LU~. ~ SIGNER IS REPRESENTING, NMlE OF PERSaN(S) OR ENTITY(IES) @1992NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave, P~O. 80>; 7184. Canoga Park, CA 91: ~ALlFORNIA ALL.PURPOSE ACK.NOWLEDGMENT '--..............._................._'>">~__<...__...,..-sc..~:-...~....:.....~...;;S~_'>:;;.."":>-<-...c..:"..............-.:..,--~~-..'"='-.......S-~__~':>_...;.,._'>___-.;..<-..._<:-.-.=..<..~~S'>~_"-...~___~~_'-~--;______~<:;. , State of } _OPTIONAL SECTlllN- CAPACITY CLAIMED BY SIGNE County of Though statute dOes ,not require 1he Notary fill in'the.dala below, doing.so' may pro\ invaluable 10 peffiOflS relying on the documer, On before me, NAME. l1TLE OF OFFICER E.G., "JANEDOE"NOTARY PUBLIC" OA11' personally appeared NAME{SI Of SIGNER{S) o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be Ihe person(s) whose name(s) is/are subscribed to the within instrument and ac' knowledged to me. that he/she/they executed the same in his/her/their authorized capacity(res), and that by his/her/their signature(s) on the instrlll11entthe person(s), or the entity upon behalf of which the person(s) acted, executed the rnstrument WITNESS my Iland and ofticial seal. 'iIGUA TUI,1' ()(' 1.01 A(lY o INDIVIDUAL o CORPORATE OFFICER(S) TlTlE(S) o PARTNER(S) 0 LIMITED o GENERAL o AnORNEY IN,FACT o TRUSTEE(S) o GUAr'10IAf~/r;ONSERV/'Torl DOTHt:rl. SIGNER IS REPRESENTING t<M-II~ or Plw:;or.1S) OI"UHI1YfI[S) -~~- --~-_. THrs CFnTIFICATE MUST BE ATTACHED TO 1 HE OOC::UMENT OrSCHI8ED ^ 1 HIGI n OPTIONAL SECTION TITLE OR TYPE or DOCUMENT t~\JI.1!-lUl O( IJM~r'~~ [l/"lI ur~ ()nClJfJ1un 1~oouqI11111.' ();jI';J.I'~q''''~,lr."lj't,.,,!: I' 11IlI "~qlJ"'"ll tJy 1;IW 11 <X>V<d p<'~V(>fll h;~u.-1utr'nl tr~;Jll;ld'm~"1 "j It".; 1')(l11 ,lc,flI.Hr;} ()\Ijl \1, \1\N'~ tU<L-I,('() AHClVL . . 2703 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated r ~,'} /9t'Jfrom Poway Office Associates, LLC, to the City of Po way, 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: M (,/ 199.? By' ~ftu., ~ ~~~ /)-- Lori Anne Peoples, City Clerk : . . 2704 Exhibit 'A; 20foot Water Easement Lot 51 Map 12556 WE 801-01-376 That portion of Lot 51 of City of poway Tract 87-13 Unit 1, in the City of Poway, County of San Diego, State 'of California, according to Map thereof No 12556, filed in the office of the County Recorder of San Diego County, on February 8, 1990 The centerline of the 20 foot water line easement being more particularly described as follows A strip of land 20 00 feet in width being 10 00 feet on each side of the following described centerline Beginning at the most southerly corner of said Lot 51, thence northeasterly along. the southeasterly property line of said lot North 58026'00" East a distance of 8907 feet to a tangent 774 50 foot radius curve concave southeasterly; thence northeasterly along the arc of said curve through a .central angle of 5058' 51" a distance of 80 84 feet, thence leaving said property line North 25035'09" West a distance of 10 00 feet to the TRUE POINT OF BEGINNING, thence North 29034'10" West a distance of 5,53 feet; thence North 75035'48" West a distance of II 10 feet; thence South 59052'00" West a distance of 134,29 feet; thence North 31027'43" West a distance of 126 67 feet, thence South 58025'26" West a distance of 2082 feet to a point of terminus The sidelines of said 20 00 foot easement shall be prolonged or shortened as necessary Contains 5,970 square feet. ~/ lof5 WA TERL/NE EASEMENT WE 801-01-376 ,DATE. 3-25-99 DRAPER ENGINEERING P 0. BOX 3346 LA MESA, CA 91944-3346 619-464-6528 FAX 619-464-8753 JOB NO, 2898 owe NO, '. . . 2705 Exhibit 'A' 10 foot Water Easement Lot 51 Map 12556 WE 801-01-376 That portion of Lot 51 of City of Poway Tract 87-13 Unit 1, in the City of Poway, County of San Diego, State of California, according to Map thereof No 12556, filed in the office of the County Recorder of San Diego County, on February 8, 1990 A strip of land 10 00 feet in width described as followed. Begilming at the most.northerly corner of Lot 51, thence southwesterly along the northwesterly property line South 46028'00" West a distance of 10.24 feet to a point on the southwesterly line of a 10 00 foot General Utility Easement and the TRUE POINT OF BEGINNING, thence continuing South 46028'00" West a distance of 10 25 feet and a point on the arc of a nontangent 597 50 foot radius curve concave southwesterly, a radial line of said curve bears North 33043'07" East; thence southeasterly along the arc of said curve through a central angle of 2021 '25" a distance of 24 58 feet; thence North 38023'04" East a distance of 10 01 feet to a point on said General Utility Easement said point on the arc of a 607,50 foot radius curve concave southwesterly, a radiallihe of said curve bears Nonh 36006'49" East; thence northwesterly along the arc of s'aid curve through a central angle of 2010'54" a distance of 23 13 feet to the TRUE POINT OF BEGINNING Contains 242 square feet. 20f5 WA TERLlNE EASEMENT WE 801-01-376 DA TE: 3-25-99 DRAPER ENGINEERING P 0. BOX 3346 LA MESA, CA 91944-3346 619-464-6528 FAX 619-464-8753 JOB NO. 2898 OWG NO., SCALE. 1"=40' SCALE. 1"=40' DA TE. 3-25-99 DRN. JD CK. JD " , . EXHIBIT 'B' ,2706 EASEMENT ~ EXISTING EASEMENT LEGEND 10' WATER EASEMENT. SEE EXHIBI T '8' SHEET 5 OF 5 LOT 5-J MAP -J2555 . \ \ \ \ \ \ \ ) ) EXISTING S.D.G. &- E. UTILITY EASEMENT FILE NO. 91-0068401 REC. 2-13-9/ 20' WA TER EASEMENT SEE EXHIBIT '8' SHEET 4 OF 5 DAN/ELSON If) ~ "" SHEET 3 OF 5 32.5' EXISTING GENERAL UTILITY EASEMENT STREET PER MAP NO. /2556 --- WA TERL/NE EASEMENT WE 801-01-376 JOB NO. DRAPER ENGINEERING P 0. BOX 3346 LA MESA, CA 91944-3346 619-464-6528 FAX 619-464-8753 2898 OWG NO, EXHIBIT 'B' . 2707 . <: I.., LOT r-j r-- - 0 C) \...i -., '" r-- ~ MAP -j-? r r C' ~ C) 5 ~OOO ,.,., , ::;; SCALE. 1 "=30' 6. = 05"58'51" R = L 80.84' 10' 10' - '" ~ ~ AREA. 5,970 SI L= c; N 58'26'00" E SL Y COR. 89. 07' LO T 51 LOT LINE EXISTING GENERAL ON UTILITY EASEMENT DANIELS PER MflP NO 12556 COURSE 0) o o o o o o SHEET 4 OF 5 WA TERL/NE EASEMENT WE 801-01-376 SCALE. 1"-30' DA TE: 3-25-99 DRN. JD CK JD EXISTING S.D. G, & E. UTILITY EASEMENT FILE NO. 91-0068401 REC, 2-13-91 - C) - I.., @-- - C) T.P.O.B. STREET WA TER EASEMENT DA TA BEARING OR DEL TA RADIUS DISTANCE N 25"35'09" W (R) N 29'34'10" W 10. 00' 553' N 75"35'48" W 11 10' N 59"52'00" E 73429' N 31"27'43" W 12667' N 58"25'26" E 20 82' N 58"25'26" E 8.45' JOB NO, DRAPER ENGINEERING P 0. BOX 3346 LA MESA, CA 91944-3346 679-464-6528 FAX 619-464-8753 OWG NO, 2898 .~ ~ . EXHIBIT '[3' . SCALE. 1 "=20' 2708 T.PO.B, NL Y COR. ----LOT 51 " 'II (R) -06'49 5 :36 AREA. 242 S.F. , o -I , -z. IT\ \\ ,) \ \ 10 V) -\ o ~ 1"'\ C) AI <. 1"'\ LOT 5-j MAP -j2556 EXISTING GENERAL UTILITY EASEMENT PER MAP NO 12556 EXISTING S.D G. & E. UTILITY EASEMENT FILE NO. 9/-0.06840./ REC. 2-/3-9/ SHEET 5 OF 5 WA TER EASEMENT DA TA BEARING COURSE OR DEL TA RADIUS DISTANCE (}) N 46"28'0.0." E 10. 24' (]) N 46"28'0.0." E 10.25' (]) 2"21 '.25" 59750.' 2458' G N 38"23'0.4" E 10..0.1' @) 2'10.'54" 60.750.' 2313' WA TERLlNE EASEMENT WE 801-01-376 SCALE. 1 "-20.' DA TE.' 3-25-99 DRN. J.D CK. J.D DRAPER ENGINEERING PO.. BOX 3346 LA MESA, CA 9/944-3346 679-464-6528 FAX 679-464-8753 JOB NO, 2898 owe NO,