Grant of Easement Landscape and Hardscape Maintenance 1989-473409B 9 4 7.0'~,
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. :%REGi'fIuiING REQUESTED BY:
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,/,':.j' ' CITY OF POWAY
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NAME
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. AND' WHEN RECORDED MAIL'TO,
STREET ADDRESS
CITY
STATE
ZIP
13325 ,COrVIC,
CENTER DR.
POWAY
CA
92064
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ClTY OF POWAY'
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This s ace .'fcir Recorder's Use
NO DOCUMENTAR~ T~SFERTAX
NQf~
NO FEE
GRANT OF EASEMENT
LANDSCAPE AND'HARDSCAPE MAINTENANCE
CF POWAY, LTD., a California Limited Partnership
(hereinafter' "GRANTOR")' hereby grants 'to
CITY OF ,POWAY
(hereinafter "GRANTEE"), .its successors, or' assign's, the following described easement
for ,a right ,of way (.var,ies) ,!~~t in width, in, upon, over, under and, across
, .' .. . ,- ' " - , .' .!
the: lands described, below together with the, right but not' the obligatIon, ,to recon-
struct , ,replace, repair ,and maintain facilities to serve the needs :6f" these uses,
'at such'locati'ons and e,l~vations, upon" along, over ancl under the right of way.
described below as, GRANTEE may now or hereafter determine in its sole discretion ,
w,~~hout 'any,additional conpensation therefor, together with the dght of ingress
and egress from the easement by'apractical route or routes in, upon, over, or across,
the land described belo", together with the 'right to use this easement for access
to GRANTEE's tights of way situated in ad~acent lands,withotit any addtional compen-
sation therefor.
The land encOInpassing this easement is situated in the, City of' Poway, County of
SAN DIEGO , State of California, and is more ,particularly described as
~oI1ows" to wit:
~ots 49,50' and 51 of Map No. 1174'2, City'of Poway, County of San Die9o,
State of California
, ,
i This!s ,to celtifyitha! ih~interest in reaJ propertycon~yed
, bythect~or.:iia'm~;{-.r~Nifom C2F~~,
~ ,(# ' " '"
, : '.',' '.... " IQ the City
~f "Pow~y: a polit~ corPOrationand/or g~Vemmental'age~c,
IS here~y~ccep!e~, by'he.'unde~g~ed,offlcer or,agent on'b&:
hall ~f"the City ,Council punuant 'Ill authority conferred;bY'
',Resolution No. '3~adoptoo on January 20.. 1981 aoo the
~8Rtae consaritJ,llI recohtation thereofby ilsdulyaulbOrizad
'officer. ' ,
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(\ '0165
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Sai(j easement of rfght of way for maintenance in the aforesaid land's fs particularly
described 'as follows:
SEE Al'TACHED LEGAL DESCRIPTION
AND EXHIBIT PLAT.
GRANTOR, ,it's heirs, successors, and assigns, shal1 not erect or constr,uct. <:Jr, ,permit
to be 'erected or constructed, any building, structure or improvement on; ,over or
under any portion of 'the easement.
GRANl'EEmay, in its sole discretion, erect, maintain, or use gates in all fenc,es
'which, now cross or' 'biter cross any portion of the easement. GRANTEE sl';a.1l also
be entitled to trim, cut, or clear away 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.
,Ii::.is ai'so understood and agreed by the parties that the GRANTOR and the GRANTOR'S
heirs, s,!ccessors, '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 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 the GRANTOR has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF,
of '::J-./u"~1
the GRANTOR has executed this Easement this
, 19 9'9
Fk..
day
By:
imited Partnership
. ,or . a Corporation
J
CF POWAY, LTD., A
By: CF PDMERAD
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5532",33
O(,;jte Landscape Maintenance.
Agreement al~ng Pomerado,
Stowe & So. Poway Pkwy.
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(Signatures must be notarized and notary
form attached)
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EX.SIT "A"
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LEGAL DESCRIPTION - LANDSCAPE MAINTENANcE EAsEMENTS
pARCEL 1
l'HAT PO-RTlON OF LOX 49 OF THE OTYOF powAY TRACT 85-04 UNiT !, POMERADO
BUSINESS PARK ~, PHA~E I, ACCORDING TO MAPTHEREQf NO. 11742, FILED iN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGOCOUNlY, MARCH 9, 1987, IN THE
cliV' OF POWAY, COUNTY OF SAN DIEGO, STATE OF CAUEORNIA, DESCRIBED AS
FOLLOWS:
(,1.0167
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E*"IBIT "'An
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lEGAL DESCRIPTION - lANDSCAPE ~Jl.'INTENANCE EASEMENTS (PAG~ 2)
AS DEDicATED PER SAID MAP NO.I1742;A LINE RADIAL. TO 'SAID CURVE THROUGH
SAID 'POINT BEAR'S SOUTH 22"56' 000" EAST; T,HENCEo NORTHEASTERLY ALONG SAID
SOUTHERLY LINE ANDAL6NG "tHE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE, OF
06'034 '"O"O"'A D [STANCE O'F '141.26 FEET; THENCE TANGENt TO SAID CURVE, NORTH
6()ojo,'oo" ~AST 20],.55 FEET 1'6 THE BEGJNNING OF A TANGENT 1L29~50 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY , EASTERLY AND SOUTH-
EASTERLY ALONG tHE ARC of SAW CURVE THROlJGHA CENTRAL ANGLE OF 41017 i 47" A
[j(StANCE OF 814.10 FEET; THENCE TANGENT TO sAIti "CURVE, SOUTH 78012' 13" EAST
280.63 FEET; THENCE SOIJTH '796:30"00'" EAST 149.00 FEET; THENCE LEAVING SAID
RIGHT-Of-WAY OF SAID STOWE DltI'VE, SOUTH 22042'00" WEST 50.00 FEET; THENCE
SOUTH 76oi5'26" WESt 191.38 FEET;, TfjENCE NORTH 86039';29" WEST 137 .23 FEET;
THENCE SOUTH 2l0i4"02" WEST 119.23 FEET;, .THENCE NORTH 7r52'0"0" WEST 53.00
FEET; THENCE SOUTH 420J9'.Q0"WEST 90.64 FEET; THENCE NORTH 88045'00"
WEST 3f2.05 FEET; THENGE NORT~ zr20' 21" WEST 175.6,5, FEET; THENCE SOUTH
8r54'5~!'WEST 362.82 FEET; THj:NCE SPUTH 76001' 52" WEST 87. 7} FEET; THENCE
SOUTH 23015' 18" WEST 201.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF
SAID MAP ,NO. 11742; tHENCE ALONG SAI'D BOUNDARY, NORTH 00"28'33" WEST 204.33
FEET' TO. THE POINTOF',BEGYNNiNG. ' ' , ",'
SAID PARCEL 2 HAS AN .AREA OF 7."345" ACRES, MORE OR LESS.
PARCEL 3
THOSE PORTIONS OF LOTS 50 AND 51 OF THE C!TY OF BOWAY TRACT 85-04 UNFT 1,
POMERADO BUSINESS PARK -PHASE I, ACCORDING TO ~AP THEREOF NO. 11742, FILED
IN THE OFFiCE OF THE COUNTY' RECORDER OF SAN DIEGO COUNTY; MARCH 9, 1987,
TOGETHER WITH THAT PORTION OF POMERA()(), ROAD AS VACATED AND CLOSED TO PUBLIC
USE, PER CITY OF POWl\y'CQUNCIL RESOLUTION NO. 89-'638; ADOPTED 4-4~89, IN THE
cITY OF POWAY, COUNTY()FSAN DIEGO, STATE OF' tALlFO'RNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHI,ESTERLV CORNER OF SAID LOT 50 OF SAID MAP NO.
11742 SAID CORNER BEiNG ON THE SOUTHERLY LINE OF THE RIGHT-OF-WAY OF STOWE
DRIVE AS SHOWN ON SAID MAP 'NO. 11742 AND' ON THEWESTERlv BOUNDARY OF SAID
MAp,; THENCE LEAVING SMD SOUTHERLY LINE OF THE RiG"fn -OF-WAY AND ALONG THE
WESTERLy BOUNDAR,Y OF SAID MAP 'NO.l1742, SOUTH 00028' 33" EAST 204.33 FEET
TO A POINT ON tHE' EASTERLY LINE OF THE RIGHT~OF~WAY OF POMERADO ROAD AS
DEDICATED PERS'AfD 'MAP NO. 11742:; 'THENCE ALONG SAID EASTERLY LINE, SOUTH
22045' 00" EAST filo.DO' FEET TO THE TRUE POINT of BEGINNING; THENCE GONTINU-
ING ALONG SAID ~EASffRLX CINE, SOUTH 22045'00" EAST 446.62 FEET TO THE BE-
GINNING POINT OFA tANGENfi~tt7.qQ FOOTRADIiJS(URY~ GON,Gf\VE NORTHEASTERLY,
SAID POINT BEING THE MOST NORTHERLY CORNER OF AN EASEMENT FOR, POMERADO ROAD
"'. , _ d'_ _ . ~. ._" .~ "''-'' . . ._c...~. . -.. - '> ? . . . ,
AS DI':MQATED PER DEED RE8,ORDEQ .~OVIMIiER 15" 1988fJ.~ FJL.E NO, 88-587247" OF
OFHCIAL RECORDS; THENCE SOUIHEASTERLYALONG THE EASTERLY LINE OF THE
~ _~.,.-. .", .. ,_','_ . . ' ~. _.. .b~..--.,~ ,.......""'-', - '"..- .-''. --. --.--.. <"
RIGHi['-OF:'WAY OF 'SAID POMERADO ROAD AND ALONG THE ARC OF SAID CURVE -THROUGH
ACENIRAL 'ANGIE OF Wlil'52'ii ADIsTANGE' OF '522.I6mr; THENCE ;i'ANGE'NT TO
SAID CURVE, SOUTH 38056' 52" EAST 200.03 FEET TO' -tHE BEGI NN'ING OF A TANGENT
t2P"/MM"N,L.H
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LEGAL DESCRIPTION - LANDSCAPE MAl NTENANCE EASEMENTS (RAGE 4)
:ANGLE OF 050,38:' 28" II, DISTANCE OF 189.68 ctEt,; l'HENCE TANGENT TO SAID CURVE,
NQ~:r!J 56057 "30", EAST216;S2 fE ET;; THENGf' LI:AV&'NGi :sAJ D ,F'i qHFOF..:WAY OF SOUTH
POWAY, PARKWAY, SOUTH 26,oB' 00" EAST26.24 FEET; THENCE SOUTH 43"46' 00" WEST
iii'2~. 24 F1ET; THENCE SOUTH 01056' 00" EAST 41,90 FE ET;: THENCE SOUTH 59001 '00"
WESY 8'3,'06, 'F,EET BACK TO SAID SOUTHERLY BOUNDARy OF SAID MAP NO. ,ll742;
THENCE ALONG SAID B@NDARY ,NORTH 89"50"54" WEST 184.01 FEET TO THE TRUE
POINT OF .BEGiNNiNG.' , .-
SAID PARCEL 4 HAS AN AREA OF 0,,509 ACRE, MORE OR LESS
PARCEL 5
THAT PORTION OF LOT 51 OF THE CITY OFPOWAY TRACT 85-04 UN IT 1, POMERADO
BU.si~ESSPARK ~PHASE 1, ~CC6RDH1G TO, ~AP THEREOF NO. Il742 , FILED IN THE
OFFICE OF THE Co.UNTY RECORDER,OFSAN DIEGO. COUNTY, MARCH 9, 1987, TOGETHER
WITH THAT PQRTIONOF POMERADO ROAD AS VACA!ED,AND CLOSED TO PUBLIC USE PER
CITY OF POWAY COUNC-IL RESOLUTION NO. 89-038 ADOPTED 4~4-89, IN THE CITY OF
pOWAY, COUNTY' OF SAN, 5iEGo', STflTE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 5,i OF SAID MAP NO.
117M~" DEFINED BY THE INTERSECTION OF THE CiNES 'BEARING NORTH 89"0'50'54"
WEST AND NORTH Oto08"06" EAST; THENCE ALONG njEsouTHERLY LINE OF SAID LOT
51 AND ALONG THE sOITrHERLYS"OUNDARY OF SAID MAP NO. 1'1742, SOUTH 89050'54"
EP.~t 7.00 FEET TO THE TRUE PCiiNTOF. BEGINNING; THENCE COrmNUING A,LONG SAID
SOUTHERLY L)NE, A!~D BOUNDARY ,SOU,l;H ,89050'54"EI\ST 193.27 FEET TO A, POINT
ON A NON-TANGENT, 1846.50 FOOT RADIUS C,URVE CONCflVE NORTHWESTERLY, SAID
POINT BEING ON THE NORTHERLY LINE OF THE kI'GH'f-OF-WAY OF SOUTH POWAY
. _ . _' ~_', .,." '.',. _.c. c~.,,, , .'- - ~., - - (-' "- '
PARKWAY ASDED,I',CATEDPER,D~'EO RECORDED NOVEMBER .15, 1988 AS FILE NO.
88-58724.7, OF OFFICIAL RECORDS, A LINE RADIAL TO SAID CURVE THROUGH SAID
POINT ,BEARS SOUTH 18008'17" EAST; THENCtALONG SA'ID NORTHERLY LINE AND
ALONG THE ,ARc' OF 'SAID' CURVE THROUGH A CENTRAL ANGLE OF 02005'56" A DiSTANCE
OF 67.64 FEET TO A PO) NT ON A. RADIAL LINE fOSAID'CURVE THAT BEARS SOUTH
20014'13" EAST, SAID POiNTBUN~ ON THE WESTERLY LiriE OF THE RiGHT-OF-I,AY
OF POMERADO, ,ROAD AS DEDl'CATEDBY DEED, RECORDED .NOVEMBER 15, 1988 AS
FILE NO. 88C58i247, OF OFF ICTAL RECORDS; THENCE LEAVING SAID NORTHERLY
LINE OF nlE 'RIGHT-OF-WAY OF SAID SOUTH 80WAY,RARKWAY AND ALONG SAID WEST-
ERLy UNEAND sAla RADIAL LlNE, NORTH 20014' 13": WESTio~oo FEET TO A POiNT
ON ,A NON-TANGENT 40.00' FOOtRADlUS CURVEdoNCAVE NORTHWESTERLY, A LINE
RADIAL TO SAID GURVE 'THROUGH SAID POINT HAS THE SAMESEARI'NG AS THE PRE-
VIOUSL Y DESCRIBED COURSE; 'TH'ENGENOR,THEASTERLY" Nok:ri1ERLY AND NORTHWESTERLY
ALONG SAID WESTERLY U NE OF THER:IGHT "OF ~WAY OF SAiD POMERADO ROAD AND
ALONG THE ARC OF SAID CURVE THROUGH A CENtRAL ANGLE OF 90002' 49" A DISTANCE
OF 62.86, FEET TO THE BEGINNING POiNT OF A 18h.00 FOOT RADlU'S COMPOUND
CURVE CONCAVE SOUTi'lWESTERlY , A UNE, RADIA'l TO SAID CURVE THROUGH SAID
POINT :BEARSNORTf( .69042'58" 'EAST; THENCE,CoWfINlFfNG NORTHWESTERLY ALONG
SAIDWESTERL,Y LINE AtTDALONG tHE ARC OF SAID CURV(YHRODGH' iCCENTRAL ANGLE
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LEGAL DESCRIPTION - LANDSCAPE MAINtENANCE EJ!,SEMENTS (PAGE 5)
0F'ID8029i!44~' A DIStANCE OF 272.9T FEET; THENCE TANGENT TO SAID CURVE, NORTH
,28046"46'WEST 67.ii'4 FEtT TO- THE BEGINNING' OF A TANGENt 1465.DD FOOT RADIUS
CO'kVEGONCAVE SOUTHWESTERLY;, iHENCi'N6iFtHWESliERLY ALONG THE ARC OF SAID
CURVE THRQUGH A CENTRAL ANGLE OF i60io' 06" 'Ii',b ISTANCE OF 259.99 FEET;
THENCE TANGE~n' TO SAID CURVE, NORTH 380'56'52'; 'WEST 200,03 FEET TO THE
BEGINNI NG OF A TANGENJ 195':{.'00 FOOT RADIUS CURVE CONCAVE NORTHEASTERL Y;
iJiENGE NORTHWESTERL YALONG' THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
llroH'52" A DISTANCE OF 552.12 FEET; THENCE TANGENT T,O SAID CURVE, NORTH
,22045'OO~'WEST 197. 79 FEET' TO A POINT ON THE WESTERLY LINE OF SAID LOT
51 AND 1l0UNDARVOF ~AIDMAP Np. 11742; THENCELEflyTN~ SAID RIGHT-OF-WAY
OF SAID PDMERADORDAD, AND AlONG'SAID WESTERLY LINE AND BOUNDARY, SOUTH
14042 '46" EAST 134. 72EEEf; THEN'CE {EAVING SAID WESTERLY LINE AND BOUNDARY,
SQ~JH .24046 '00" ~AST 88.1'3 FEET; THEN~ESO,UT~ '12,026' DO!' EAST 120,02 FEET;
THENCE SOUTH 22027'00" EAST 187.13' FEET; THENCE SQU'f.H 32,023'33" EAST 214.76
FEET; THENCE SOUTH 57"47."32'" EAST 162 .,24 FEU; THENcE SOUTH 30038 I 00"
EAST 194.16 FEEt; niENC( 'soTJTH 17043'22" EAST 154.97 FEET; THENCE SOUTH
360,21'4'7" WEST 86.84 UET to, if ,POINT ON THE WESTERLY LINE OF SAID LOT 51
AND BO'UNDARY OF SAID MAP NO. IF742;TffENCEACONG SAID WESTERLY LINE AND
BOUNDARY, NORTH 88051 ;154;' WEST '40.00 FEET'; l'HENGELEAVI NGSAID WESTERLY
LINE'AN6 BOUNDARY, SOUTH 04038 'DO" EAST 59.01 ~EEt; lXENCE SOUTH 4'7"58' 00"
EAST l57.6l FEET; TH(NCESOUJH 72041'16" WE5T83037 FEET; THENCE SOUTH
15027' 44'; WEST 76.68 FEET TO THE TRUE POINT OF BEGINNI:NG.
SAID PARCEL 5 HAS AN AREA OF '2'.882 ACRES, MORE OR,USS
THESE .LEGAL DESCRIPTI,ONS (EXJiIBIT '~A") AND A SKETCH LABELEQ EXHIBIT "B",
ATTACHED 'HERUDAND MADE II: PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY
ME OR UNDER MY'DIRECTION. '
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SIGNED: " ,,<..,",',,'.
DAN gc. GRTH,: R.C.E. 23600
LI CENSE EXP IRATION DATE: 12-31-89
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