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Grant of Easement Water/Sewer Pipelines & Appurtenances 1991-0119804 - DG_n.: 1991-0119804 or;; RECORDING MQUES'TED.: ) ", " "234:8 c' ) 19-MAR-1991 08=20 AM CITY OF POWAY ) ) SAN DIEGO COUNTY RECORDER'S OFFICE AND WHEN RECORDED MAIL TO: ) ANNETTE EVANS; COUHTY RECORDER ) FEES' 0.00 CTTY CLERK' ) CITY OFPOWAY ) P.O. BOX 789 ) POlo/AY, CA 92064 ) (This space for Recorder's Use) This document affects APN ,317-225-10 and 317-225-11 ,(\ GRANT OF EASEMENT I r :/ Water and/or Sewer Pipelines and Appurtenances . '" I" \ I Kirkham Court Partnership, a California Limited Partnership , (hereinafter "GRANTOR") , hereby gra'n.ts to CITY OF POWAY, (hereinafter "GRANTEE") , its successors, or assigns, the following described easement ~or a right of way 20 feet in width, in, upon, over, under, and across the lands described below, to erect, construct, reconstruct, replace, . repair, ' ~ ' and use a pipeline or pipe- ma1.nl.al.n, lines for any and all purposes, together with such fixtures and appurtenances, at such locations and elevations, upon, along, over and under the right of way described below 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 easemen't 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 right 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: See Exhibit ll,A" attached hereto and by this reference made a part hereof. Said easement of right of way in the aforesaid lands is particularly described as follows: See Exhibi t ",A" and Exhibit "B" attached hereto and by this referehde made a part hereof~ Thill is to certifytht tile interest in real property conveyed by the deedo.gienldBttd .;I-t l-'\ I from K, < k. k....... c..,.~ ~'-6I,,;f' fA. c.A, I~,~...,.h.e&lr~ to~~City of Poway, a political'l:orporation and/or governmental aeencr is.hereby:accepted by the undernigned officer. or agent en.1le- ' . . " '.- . . . , hair of. the, City Council pursuant to authority canfelred il' Resolution No. 34 adOpted on January 20, '1981 alHf t"- - graatee consents to recnrdation thonef by its dHly lIUlhorized officer. 5792-01 ,Rt:~0~-tv Dated: ~-1'i41 " ." ,I; ., . . . .. 2349 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 without the express written approval of the City of poway as evidenced by the signature of the Director of Public Services on an approved plah. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. 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 writ- ten consent of GRANTEE. GRANTEE may at any time increase its US~ 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 pipe- lines or other improvements as it may determine in its sole discre- tion from time to time without paying any additional compensation to GRANTOR or GRANTOR I 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 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 /IJo, day of h/4-r ~4oC-'-? , 197/ -- KIRKHAM COURT PARTNERSHIP. A California Limited Partnership By: FLAGSHIP COMMERCIAL PROPERTIES, A California Umited Partnership Its General Partner By: FLAGSHIP PROPERTIES, A California Corporation Its General Partner By: ~~~ ~ John M. O'Brien President . . -~ -- --.) J 2350 State of California County of San Diego . On February 11, 1991, before me, John M. O'Brien personally appeared, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 89 OFFICIAL SEAL WITNESS my hand and official seal. ANNE WAlD WALLACE : NOTARYPU13UC. CAUFORNIA {) ILlte. t{)(J.U (.JdBv~ ' SAN DIEOO COUNTY Signature (Seal) ... MyComlll.opirvINcrv.15,I991 , .XHIBIT "A" .351 rEGAl: DESCRIPTION - WATER EASEMENT PARCEL "A" - A.P.N. 317-225-10 THAT 'PORTION OF PARCEL 1 OF THE CiTY OF POWAY PARCEL MAP 88-13 ACCORDING TO PARCEL MAP NO. 15740 FILED IN THE OFFICE OF THE COUNTY RECORDER of SAN DIEGO COUNTY JULY 20, 1989, IN THE CiTY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , .. COMMENCING AT THE NORTHEASTERLY. CORNER OF SAID PARCEL 1, SAID CORNER BEING A COMMON CORNER WITH PARCEL 2 OF SAID PARCEL MAP NO. 15740; THENCE ALONG THE LINE COMMON TO SAID PARCELS 1 AND 2, SOUTH 14 '00 '00" EAST 5.01 FEET TO A POINT ON THE SOUTHERLY LINE OF THE PUBLIC UTILITY EASEMENT AS DEDICATED PER CITY OF POWAY PARCEL MAP 87-09, ACCORDING TO PARCEL MAP NO. 15618, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MARCH 24, 1989, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, SOUTH 14'00'00" EAST 19.52 FEET; THENCE LEAVING SAID COMMON LINE, SOUTH 76'00'00" WEST 29.48 FEET; THENCE NORTH 14'00'00" WEST'18.21 FEET TO A POINT ON SAID PUBLIC UTILITY EASEMENT DE~CRIBED ABOVE, SAID POINT BEING ALSO ON THE ARC OF'A NON-TANGENT 2029.50 FOOT RADIUS CURVE CONCAVE NORTHERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 16'06'59" EAST; .THENCE EASTERLY ALONG SAlDCURVE AND THE SOUTHERLY LINE OF SAID PUBLIC UTILiTY EASEMENT THROUGH A CENTRAL ANGLE OF 0'49 '59" A DISTANCE or' 29.51 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "A" HAS AN AREA OF 0.013 ACRE, ,MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "AU) AND A SKETCH LABELED EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WERE PREPARED BY ME OR UNDER MY SUPERVISION. SIGNED: '))~~.JZ !>h3Ao DAVID B. RAG D, L.S. 5173 LICENSE EXPIRATION DATE: JUNE 30, 1991 \AND J# 5792-001 ~'V 000000.. .r~ . o"'.ll.ooo~ May 22, )990 ' $'/~ Ill, '-40."'. ~ u ,~~ ~<, ..L B;tIRJT IMD :::; l'~ 0 I~I gd ~:. ~ . .c . ~ O-f . '<. No.S173 i 1 . 0 J;.. ,~ . o~ cP. ..... .~..' .i::1~ .... 0.... ~~' .~ f' ~ / , "': OF C~\.I.,I:\,:/?' , ..' . ,; . ~ .HIBIT "A" .2 .;.4' >.' LEGAL DESCRIPTION - WATER EASEMENT PARCEL "A-I" - A.P.N. 317-225-11 THAI ,PORTION OF PARCEL 2 OF THE CITY OF POWAY PARCEL MAP 88-13 ACCORDING TO PARCEL M~P NO. 15740 FILED IN THE OFFICE OF THE COUNTY .RECORDER OF SAN DIEGO COUNTY JULY 20, 1989, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FoLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 1, OF SAID PARCEL MAP NO. 15740, SAID CORNER BEING A COMMON CORNER WITH SAID PARCEL 2; THENCE ALONG THE UNE COMMON TO SAID PARCELS 1 AND 2, SOUTH 14000' 00" EAST 5.01 FEET TO A PO I NT ON THE . . . . SOUTHERLY LINE OF THE PUBLIC UTILITY EASEMENT AS DEDICATED PER CITY OF POWAY PARCEL MAP 87-09, ACCORDING TO PARCEL MAP NO. 15618, FILED IN THE OFFICE OF THE , . , . COUNTY RECORDER OF SAIDJOUNTY tlARCH 24, 1989, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, SOUTH 14000'00" EAST 131.94 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 76000'00" EAST 20.00 FEET; THENCE NORTH 14000'00" WEST 112.43 FEET; THENCE NORTH7~000'OO" EAST 37.49 FEET; THENCE NORTH 14000'00"WEST 23.20 FEET TO SAID SOUTHERLY LINE OF THE PUBLIC . _ _ . ... . H . UTILITY EASEMENT AS DESCRIBED ABOVE; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 71"59'21" WEST 20.02 FEET TO THE BEGINNING OF A TANGENT 2029.50 FOOT RADIUS CURVE CONCAVE NQRTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1"03'41" A DISTANCE OF 37.59 FEET TO THE TRUE POINT OF 'BEGINNING. SAID PARCEL "A-I" HAS AN AREA OF 0.080 ACRE, MORE OR LESS. THIS LEGAL DESCRIPTION (fXHIBIT "A") AND A SK(TCH LABELED EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WERE PREPARED BY ME OR UNDER MY SUPERVISION. SIGNED: 1/~iitl!f~ r;/e3/cto 'DAVID B. RAGLA, L.S. 5173 LICENSE EXPIRATION DATE: JUNE 30, 1991 \)'/IlD J# 5792-001. g.-'V ~oo~ J'~ May 22,J!l90 ~ 0" ~ ~ oo~ C(; oo.~ GOo. ~ BPM/RJT/MD ~J'~ ~.. 0 V /~/ . ' 0 -'o~ ~o;lt1 .0 0 \ 0: No.5173 1 '" ~ 0 .. .", . ~ ~.' o~ ...,. .0 ..;I" ~ ~;; 0... ..0. ~''<4 C OFCl..l\~C\~ ~;;. -~ :';:<.~ . 2353. . . . COURT I(IRKHAM _ t- -p.o. C.-PAN, 1:4"1. ';4-(', NE'f/ _, NIG'5G '58~'W[RJ / .. 'CbI?NE.N qr PAl? l,pM /574 ., ~ ~.. 1""'30' ~ , ---T.P.O.I3'.,..-" /r{..NlfL"57'Z5~f!!JN/8"rxJ!3~'!WIgJ,. ~ SCAlI r "A J ~ '" N!fKOG'59?rr~Ll P1':jf:.i'f \ \ ,. ,:<:(:501' fa _.' J-(N7/OS9'z1."E1OOO'l7-.,'i-o- ~ ~ VJ/V ---run If. . I _--,-~. '7. , .:-- -~:;- ,T-~:,!!;c~.MJiX\);[..g.;:~:'i~";';~J~~ii',\~ ~'& .av._ \.() 0... f4\ .,..\. .... ".~......, .".P......d.. \.!2J "!::)I>i'.::'/~:'>'~ . :.':',':.'." 'c.....".,..."",. tZ;;";~.:</;..;'i;'h.:;:;l.'.'...'.i;.',,;,....:,.,. ii/i;".'..':.;: , ' "" J/ CD (./2'i;;' If \@ PARCEL ;4 - :>~. i.i': }-PARCEL ':4-/" :TAEJULATEIJ DATA ~. ~;:)j~'.~/ /' I NO- /?AOIUS MI3EARING. ARC/Om: ti)'~ ......~.:....'.;.'.':..'..'..,:...,:..l~ 0 ~ ,f - N7G"oo'oOE: 2~.4S' ';-;;;; I:\j L -, , 2 . N''4~,()'O'OO"W "/'" "'I' 1\j""""',--:::::: - '..:. '....:.':............." -'- i) . , "" U.G. ,~ "t ..".",,, 1.( ,.. '3. 2029.5' 0"4~:5:!)". 2!')5/' ~ ~.,...'.... ...'.'..,.....i,:...'.............'...,'...,..,j I [\1 "1 4 f." '00" '" &:<>, , ......"" j'-, l \ N '400 }Y , I~. JG. . .'J'. """ . '<):" ,,:":'/.' ! 5 2'Oe9.5' ;"08'41" 31.59' .:-' LL. -1 ".'.:...:........'..:..:.'..,..'..'....:...'..........:..:.'.'..:..'...'........,...........'..',....1 If) ~ ~1 . co N7/"Sg'Zf"E!?O,OZ' 10 <" b...l ~ i:':"':. ~ ........, LL, 'J'. 17 NI4'OOOOW 23.20' ~~: ':'..'..:...>: ~ ...--(' :-' I 8 N7@.OO'OO"."E374fJ' L' R. L) .......".,.'... ?'....'............j~ n '.~ (0 I q). N7(jj"00W"E ZOo 00' ~ 1X \,~,< E c; ~ ~ I . 10 (ZOZ4sQ (1"03'147 (37.Z4') ~ ...--('ss.\i'l~ L., ~ I f/ (2024.5') (z"S7'es". (/04-48') <C O:.{~::':~ ~ ,:': ~ )'.,'. <"~ .'''''.1 LEGEND)1~';;/.. ! .('''''.'.'.JI !/iJ"'),',';:Ln INDICAlESi'VAlEfi' EASEMENT _@ . !JEO/CAlEf). I ~ i [PA/(CEL':4"=o.O/3AC] \. ":$.; [PARCEL ';4-1" =:0.Q80AC.] ------r--- 1.62. 50' --'- ~_--- /3'7. Do.' __u+-- @_______nI.NDlCATE,SPilI3I.1Cilf7Urr -----1---- (NG"OO'OO"E 2<)9.5O')---~ EASEMENT/JED/CA TE/JFER PARC~L MAPNO./5GI8 P .A FL 9 ( )_____" _/ND/CAlES./?ECQR/JPER . c;f1tr/I~~./z~M87-13, pJ-\nCEL JyjJ-\P NO. J5sJ8 ..___"___ /NO/CATESMONilMENrAS SHOWN 01{ rM NO, /5740 WATER EASEMENT - INPAfi'CEL8 f ANO E'OF CITY OF POiVA..,... PARCEL MAP 88-/.3) PA/?CEL MAP NO; 15740, , _ ~- .' EXHlBIT "8" .;~~~ .. , ~~~~.,. . . J#57.q)2-00/ ~~:Em~~.&~!~!.}~r:o~.n :.S~,~~EN10" [NC.INAS;~U~: A, CA1U56"'D',~lfO!tNIA92OOlSJ~1_1._~022 -S _ '2 i~~o. r3PM - - . .