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Grant of Easement Water Lines & Appurtenances 1997-0257583 CITY OF POW A Y ) ) ) ) ) ) ~ ~J ~.' ,J h ~\~lV ~ ) (This soace for Recorder's Use) NO DOCUMENT TRANSFER TAX Olt " 1991-0257583 03-JUH-1997 08=23 AM OFFICIAL RECOROS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: O. 00 NA "".v. ,- . RECORDING REQUESTED BY: 17~ AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POW A Y P,O. BOX 789 POW A Y, CA 92074 No transfer tax due Tax Parcel No, 317-270-15 NO FEE GRANT OF EASEMENT (WATER LINES & APPURTENANCES) Darmark Corporation, a California Corporation, (hereinafter "GRANTOR") hereby grants to CITY OF POW A 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 on 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 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 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 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: Lots 60 of Map No. 12572 GRANTOR, i1s 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 without the express written approval of the City of Poway as evidenced by the signature of the Director of Engineering 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. .- . . 176 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 other 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, 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 1he time this documen1 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 GRANTOR has executed this Easement this \~"'V-- day of 0'\.~ ' 19~, D/J(l~'lfZl< (?l.J~P{)t'(1) ltOp fThis Is to certifJ t!lIl the inleleSl In lal property fM_ 'b,thldlldorlflntdIfM 5-1~-i1 frum '])..,.",...,.1<.. c..,"?......T<"- tnthe,City of 'OWIJ, e pol~icaJ corporation and/or IOl8rIImelltll qet1CJ Is hmb, accepted by the undeBigned offitet' or Igent on . hall 01 the City rr."~cil pursuant to autbority confened by Rmlution N~ 3' ~opted on JanullJ ZO. 1981 Ind the gl1lltte CCllsen~ to recordation thereol by its duly lut!lorized officet'o -V{e-~'~+ (Signatures must be notarized, Notary form attached,) Dated: S -::'0 -'\1 Ily~~~.~ lJ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale of ~ County of SO-...-.- ~ On ~ \ ?\ "II before me, DATE } 177 L,!:-,~,~ ~~ NAME, TITlE OF OFFICER. E.G., .JAN~ OO~NOTARY PUBLIC. personally appeared 'l),,-vw1n tA, Za.\Jltot; \ NAME(S) OF SIGNEA(S) o personally known ~o me - OR -1;8:1 proved to me on the basis of satisfactory evidence to be the person(at-whose name(at- isfe:re- subscribed to the within instrument and ac- knowledged tD me that he/si.v;U",y executed the same in his/Ref/the-ir authorized capacity(~, and that by his,ll\e,/tI,loir signature(.st-on the instrument the person(sr, or the entity upon behalf of which the person~ acted, executed the instrument. f.@.....i..e. RICHARDSON 1 _ .' ,-" COMM. /I 1111929 :;; :;: NOTARY PUBLIC. CALIFORNIA ~ ~ SAN OIEoa COUNTY Lr... .~y~omm. ~xp!!.. ~..~I, ?3: 200.~1 WITNESS my hand and official seal. SIGNATURE OF NOT AAY OPTIONAL SECTION THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: DATE OF DOCUMENT NUMBER OF PAGES Though the dala requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE No. 519: - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) llnE(S) o PARTNER(S) 0 LIMITED o GENERAL o AlTORNEY-IN,FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON:S) OR ENTlTY(IESI @1992NATIONALNOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of } County of On before me, NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC" DATE personally appeared NAME(S) OF SIGNER(S) o personally known to 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/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. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE No. 5193 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the dala below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) TITlE(S) o PARTNER(S) 0 LIMITED o GENERAL o AlTORNEY.IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) @1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 . .' .J7g EXHIBIT "A" ALL THAT PORTION OF LOT 60 OF CITY OF POWAY TRACT NO. 85-04, UNIT NO, 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO I STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12572, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1990, BEING A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 60, SAID CORNER BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GREGG STREET ( 49.00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2024.50 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID CURVE 33" 66 FEET THROUGH A CENTRAL ANGLE OF 0057' 09" ; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID CURVE ON A RADIAL BEARING OF SOUTH 1 6 0 56' 49" WEST 5.00 FEET TO THE SOUTHERLY LINE OF A 5.00 FOOT PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP NO. 12572 AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 16056' 49" WEST 5.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 16056'49" WEST 43.00 FEET; THENCE SOUTH 2041'44" WEST 182.00 FEET TO A POINT OF TERMINATION. ALSO: A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT ABOVE MENTIONED POINT "A", SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2034.50 FEET (A RADIAL LINE TO WHICH BEARS SOUTH 16056'49" WEST); THENCE EASTERLY ALONG SAID CENTERLINE AND SAID CURVE 43.00 FEET THROUGH A CENTRAL ANGLE OF 1012'39" TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND THE SOUTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT. SEE ATTACHED EXHIBIT "B" ~~ . . "/ P.O,S:----- GReGG N,W:COR. _________ L: 'f 60 TP~.B. --- 2 :3 ( I 20' 1=10' 10' I I ~ I I ~ I I~' I I ~ I I I I I dLJ STREET ------- -- -- - 5' PUBLIC UTILITY EASEMENT PER MAP NO, 12572 .0 . @ @ @ LOT 60 MAP NO, 12572 SCALE WATERLINE EASEMENT PLAT SPEAR & ASSOCIATES. INC. CIVIL EN8INEEAINll - LUll SUlVEYINll 11115 EAST PENNSYLVANIA AVE, EllCOIIlIDO. CA lI202!I PHOIoE (lllll) n7-7V2 FAX (11111) 737-7274 179 ~d '\' ~ ~\..~ "'C- - CD ~=oo57'09", R=2024.5', L=33.66' @ S.l6056'49"W. 5.00' S.l6056'49"W. 5,00' S.l6056'49"W, 43,00' S.l6056'49"W, 48.00' ~=loI2'39", R=2034.5', L=43.00' ~ EXHIBIT "B" 96-181