Grant of Easement Public Utility 1988-587246
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~ECORDING REQUESTED
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CITY OF,POWAY
AND WHEN RECOIIDEP MAIL TO:,
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CITY CLERK
CI'T;Y OFPOWAY
P.O. BOX' 789
POWAY, CA 92064
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(This space for Recorder's Use): NOFEE;
This document affects APN 317-223-25 and 317-223-26
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GRANT OF EASEMENT ~e.JJ / (..c...(:;La:...a.e...<=. :t;
PUBLIC UTILITY VrN~. )w-'~;?f ~
~GT..hyJ ~VU-F~'-'
CF POWAY, LTD., a Califor;nia' limited partnership , (hereinafter
"GRANTOR"), hereby grant;s .to CITY OF POWAY, (hereinafter
"GRANTEE"), it.s suc.cessors, or assigns, the following described
easement for a right of way: 10 feet in width, in, upon, over,
under, and across the lands. described below, to erect" construct,
reconstr'lJct, replace, repair, maintain, and' .use a pipeline or pipe-
lines for any and allpu,rposes, together with such fixtures and
appurtenances, at such ,locations and elevations, upon, along, over
and under the right of way des'cribed below as GRANTEE lI).ay now or
hereafter determine in its sole discretion ,w;thout any -'addi tional
compensation therefor, together with the right of ingress and
egress from the eas!,mertby a practical route or routes in, upon,
over or across the, lana. 'de'scribed below, together with the, right to
use this easement ,for access to GRANTEE I 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, pa'rticularly described
as follows,' to wit:
Lots 50 and 51 of City of Poway Tract 85-04 Unit 1, Pomerado Business
Park Phase I
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Sai~ eas!ment pf right of way in the aforesaid lands is particularly
described as' follows:
SEE LEGAL DESCRIPTIONS ATTACHED HERETO AND
MADE A PART HEREOF
'This is to certify that lhe interest in iulll/Oper!ycorrreyed
by the deed a<grent dated I o~IHg from C. f :Pew,,!
L-\-cC! '" t.:..(;i, l+C{c'~ML,'P;totf1eCity
of Poway; a politicalcGrrjiatjun ar.rl/or;go~ernmentaLagency
is here bj'acceptedby the ~n(!:rsi",tc, cf:;:er ':r,aClnt, on be-
half of, tl:~ City Council p"rSu2ntta t,tI1c;;iy ronfcrred ~
Reo:"'''l""n No. 34 adoplLJ .~n h".";"1 ',0, 1981 and tha
, .ra~t"e consents to recordali~n'thercof by-ilsduly authorized
i officer.
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GRANTOR"its' heirs, successors and ass:fgnsshall nO.t erect or
constructor' perrrii t to be erected or conEftr,ucted any building,
structure Q,r 'ilT\provement or plant any tree or trees :or plant any
other vegeta.tion or flora within said eas'ement withou't the express
written approval, of the City of Pciway as ev'idenced by' the 'signature
of the Director of 'pubhc Services on an approved' plan, GMl'TOR,
its' h~i'rs'" '5ui:cessor~ and, assigns shall not dig or drill any hoie
orweIls on any port'ion, of the easement.
GRANTEE: ,may use all gates and fences which" now or later, cross any
por,tion 'of:'the easement. GRANTEE shall also be enti tle'd to trim,
cut" or cle'ar. away or' remove any trees, bru'sh, or other vege.tation
or flora from time to, time as GRANTEE deter~ines in its sole
discretion without any additional compensation.
GRANTOR agrees that, no other easement or 'easements shall be granted
on, under, or over this ea'sement without obtaining the prior wri t-
ten consent of GRANTEE.
GRANTEE m~y at any time, increase its useot" ,the easement', change
the location of 'pipelines or other faci'lities within the boundaries
of the easement rIght 'of way, or modify the, size of existing pipe-
lines or other improvements as it may de.teJ;mine: in its sole discre-
tion from time t9 time without paying any additional compensation
to GRANTOR or GRAN'l'OR's heirs, successors; ,or assigns"orovided
GRANTEE does not 'expand its use of the easement beyond the ea'sement
boundaries described above.
It is also understood and agreed by the part'ies that the GRANTOR
and the GRANTOR's heirs, su'ccessors, or assigns" shall not increase
or decrease or permit to be increased or decr,eased the existing
ground elevations of the above described e.asementwhich exis,tsat
the time this document is executed without obtaining the, prior
written consent ciftheGRANTEE.
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surE OF C'L;.cOnR"i.IA-, e 00
COUN'lY OF::.a U,
On 17 OCToBER
:ss.
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Romik M.
beiort me. the undersignE'd. i. No:ar)' F:Ub)iC ir.-ant:: t:)r
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sale S:ale. pe~sonallyap~areM
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.,pe~sonallr know'" 1c. me (O~ p~ovec'tcme ordhe
, . .-. I umen1 as'~ pres i'dl?nt
basis ol satis!aclo!")',evli:iel'l:e'"u:' ~ lhe'persons whO,exeCUled,the .....Ithln Ins r, --
MI;~~;iJt ~~~ on beha"ol
GF POMERADO. INC. . .. .. . . '
i'he cOrPoratiori"lhefein r,am-eo. and aCknowlec:lged 10 m,-e. ~hal sa (~
co~oration e'~eculed 1h~ wlJ:"1itl'inS1TumenI:p,ursu.ant .~O.iIS .bY"'
la.....s or a resolution of r.s boa~dol dlrectors:SB,d corporatIon bemg
known to me 10 be,the general panner of
CF powAv, LTD.
lhe limited Danne~shi~;"::-.a: e~e:::UleC: the withlr, i~Slr',.Jmen~. 2!"1d
a:::k.nowledoed 10 me Iha'l SuCh corporation e~-e:::uled tne same as
su_ch p.ann;r and tr,a~'su::::h pannership executedt.he s-rri-e.
'iT~is area'lor,otficial n01arial seal)
Along So. Po way Pkwy. at
Pomerado Road
(Parcels 3, 4, & 5)
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4..XHIBIT "'A"
~. 1666
LEGAL DESCRxPTION
PARCEL 3 - PUBLIC UTILITY EASEMENT DEDICATION
THOSE PORTIONS OF LOTS 50 AND 51 OF CITY OF POWAY TRACT 85-04
UNIT I, (POMERADO BUSINESS PARK - P~SE 1) ACCORDING TO THE MAP
THEREOF NO.. 11742' FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY MARCH 9, 1987, IN THE CITY OF POWAY, COUNTY OF
SAN' DIEGO, STATE OF CAL~FORNIA, TOGETHER WITH A PORTION OF
POMERADO ROAD AS CLOSED AND VACATED TO PUBLIC USE, DESCRIBED AS
, FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF SAID MAP NO.
11742, SAID CORNER BEING ON THE SOUTHE.RLY BOUNDARY OF SAID MAP
AND BEING NORTH 89" 50' 54'" WEST 11.68 FEET FROM AN ANGLE POINT IN
SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY
NORTH 89"50'54" WES.T 568r.35 FE~T TO A POINT ON THE ARC OF A NON-
TANGENT 1846.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A LINE
RADIAL TO SAID CURVE THROUGH SAID POI:N,T. BEARS SOUTH 18" 08 ' 17"
EAST; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL, ANGLE OF 02"05'56"
A DIS~ANCE OF 67.64 FEET TO A POINT ON SAID CURVE, A LINE RADIAL
TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 20" 1'4 '13" EAST;
THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE
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THROUGH A CENTRAL. ANG.LE OF 06" 08 '03" A DISTANCE OF 197.69 FEET TO
THE TRUE POINT OF BEGINNING, A LINE RADIAL TO SAID CURVE THROUGH
SAID POINT BEARS SOUTH 26"22'16" EAST; THENCE CONTINUING NORTH-
EASTERLY ALONG ~HE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
05"37'44" A DISTANCE OF 181.41 FEET; THENCE TANGENT TO SAID CURVE
NORTH 58"00'00" EAST 598.48 FEET TO A POINT ON THE NORTHWESTERLY
LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AS DEDICATED TO
PUBLIC USE PER SAID MAP NO. 11742, 5Mb POINT BEING ALSO A POINT
ON THE SOUTHEASTERLY LINE OF THE PUBLIC UTILITY EASEMENT AS.
DEDICATED ON SAID MAP NO. 11742; THENCE LEAVING SAID LINE OF THE
RIGHT-OF-WAY AND SAID SOUTHEASTERLY LINE OF SAID PUBLIC UTILITY
EASEMENT NORTH 32'00'00" WEST 10.00 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID PUBLIC UTI,LITY EASEMENT; THENCE
LEAVING SAID NORTHWESTERLY LINE SOUTH 58" 00'00" WEST 598.48 FEET
TO THE BEGINNING OF A TANGENT 1836.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY ; THENCE SOUTHWESTERLY ALONG THE ARC OF 'SAID CURVE
THROUGH A CENTRAL ANGLE OF 05'37"44" A DISTANCE OF 180.42 FEET;
THENCE ON A LINE RADIAL FROM SAID CURVE SOUTH 26" 22'16" EAST
10.00 FEE'T TO 'THE TRUE POINT OF BEGINNiNG~
SAID PARCEL 3 CONTAINS 0.179 ACRE MORE OR LESS.
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5532-050
8-12-88
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. EXH I BIT "A"
o 1667
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LEGAL DESCRIPTION (PAGE 2)
PARCEL 4 - ~tiBLIC UTILITY EASEMENT DEDICATION
THOSE PORTIONS OF LOTS 46 AND 51 OF CITY OF POWAY TRACT 85-04
UNIT 1, (POMERADO BUSINESS PARI< - PHASE I) ACCORDING TO THE MAP
THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY MARCH 9, 1987, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, TOGETHER WITH A PORTION OF
POMERADO ROAD AND SOUTH POWAY PARKWAY AS CLOSED AND VACATED TO
PUBLIC USE, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 46, SAID
CORNER BEING ON THE' SOUTHERLY BOUNDARY. OF SAID MAP AND BEING
NORTH 89'50'54" WEST 11.68 FEET FROM AN ANGLE POINT IN SAID
SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH
89' 50' 54" WEST 2 69.64: FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON THE ARC. OF A NON-TANGENT 1926.50 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID
POINT BEARS SOUTH 27' 24 '02" EAST; THENGE LEAVING SAID SOUTHERLY
BOUNDARY NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 05'38'28" A DISTANCE OF' 189.67 FEET; THENCE
TANGENT TO SAID CURVE NORTH 56' 57' 30"EAS,T 223. 86 FEET ; TI:lENCE
NORTH 580'00'00" EAST 374.65 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF THERI>GHT-OF-WAY OF SOUTH PClWAYP.ARKWAY AND THE NORTH-
'WESTERLY LINE OF THE PUBLIC UTILITY EASEMENT IN SAID LOT 46 BOTH
AS DEDICATED ON SAID MAP NO. 11742; THENCE LEAVING SAID SOUTH-
EASTERLY LINE OF THE RIGHT-OF-WAY AND SAID NORTHWESTERLY LINE OF
THE EASEMENT SOUTH 32'00'00" EAST 10.00' FEET 'TO A POINT ON THE
SOUTHEASTERLY 'LINE OF SAID PUBLIC UTILITY EASEMENT, SAID POINT
BEING ALSO ON THE S'OUTHEASTERLY LINE OF SAID MAP NO. 11742;
THENCE LEAVING, SAID SOUTHEASTERLY LINE OF SAID EASEMENT AND SAID
SOUTHEASTERLY LINE, OF SAID MAP SOUTH 58"00'00" WEST 374.55 FEET;
THENCE SOUTH 56' 5;7 ' :3'0" WEST 2 2 3 . 7 6 FEET TO THE BEGINNING OF A
TANGENT 1936.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY ; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 05'04'46" A DISTANCE OF 171.67 ,FEET TO A POINT ON SAID
SOUTHERLY BOUNDARY LINE; THENCE ALONG SA.ID SOUTHERLY LINE NORTH
89'50'54" WEST 21.42 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 4 CONTAINS 0.179 ACRE MORE OR LESS.
PARCEL 5 - PUBLIC UTILITY EASEMENT DEDICATION
THAT :pORTION OF LOT 51 OF CITY OF POWAY TRACT 85-04 UNIT 1
(POMERADO BUSINESS PARI< - PHASE I) ACCORDING TO THE MAP' THEREOF
NO. 11742 FILED IN THE OFFICE OF .THE COUNTY RECORDER OF SAN
DIEGO COUNTY MARCH 9, 1987, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOVTHWESTERLY CORNER OF ,LoT 46 OF SAID MAP NO.
11742, SAID CORNER BEING ON THE SOUTHERLY BOUNDARY OF SAID ,MAP
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LEGAL DESCRIPTION (PAGE 3)
AND BEING NORTH 89" 5,0 '54" WEST -il. 68 FEET FR'OMAN ANGLE POINT IN
SAIQ SOUTHERLY BOUNDARY; THENCE ALONG SAID .sOUTHERLY BOUNDARY
NORTH if9' 5.0' 54" WEST 568.35 FEET TO A POINT ON THE ARC ,OF A NON-
TANGENT 1846,50 FOOT RADIUS CURVE CONCAVE N~RTHWESTERLY; A LINE
RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH :L8" 08 '17"
EAST, SAID POINT BEIN.G ALSO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHERLY' BOUNDARY LINE AND NORTHEASTERLY ALoNG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02" 05' 56" A DISTAN,CE
OF 67.64 FEET; THENCE ON A LINE RADIAL TO SAID CURVE NORTH
20"14'13" WEST 10,.09 FEET TO A POINT ON THE ARC OF A 1836.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING CONCENTRIC
WITH SAID 1846.50 FOOT RADIUS CURVE, A LINE RADIAL TO SAID CURVE)
THROUGH SAID POINT BEARS SOUTH 20"14' i3" EAST; THENCE SOUTH-
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03"04'04" A DISTANCE OF 98.33 FEET TO A .POINT ON SAID SOUTHERLY
BOUNDARY LINE; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE SOUTH
89"50'54 EAST 32.70 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 5 CONTAINS 0.019 ACRE MORE OR LESS.
THIS LEGAL DESCRIpTION (EXHIBIT "A"), AND A SKETCH LABELED EXHIBIT
"B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION,
WAS PREPARED BY E OR UNDER MY DIRECTION,
LICENSE EXPIRATION DATE: 12-31-89
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Ji'(HIBIT ~B"016:1 SHEET 1 Of 1 SHEE~'
STREET DEDICATION' POMEBAP,Q ROAP & SOUTt! POWAY
P":RK~,~X ! ,.fU.BLlC UTILJTYEASEMENT DEDICATION
WITHIN PORTlON.S ,OF V'A.CATE[) POME.RADO ROAD & VACATED
SOUTHPOwA'i PARKWA'i, A,irli P()RTfoJ~>s O€LOTS 46,50 & 51
OF CITY'.OF POWAY TRACT8S...,O,4 'UNI.Tt,CPOMERADO BUSINESS
PARK - PI:IASE1) ACCORDING TO THE MAP THE-I'lEOF NO. 11,742,IN
THE CITY ()F POW1AY, COUNTY OF SAN DIEGO, STATE OF CAL'FORN'I
@...._.,POMERAOO ROAD DEDIQA'n;:D PER MAP NO. 11742
@J.,._._SOUTH POWAY PARKWAY DEDICATED PER MAp No. 11742
@__.u.uPUBUC UTILITY EASEMENT bEPJ9ATED P'ER MAP NO~ 11742
c:J POMERADO ROAD DEDICAT,ED-Ca;5l5AC;)
[:>:1 SOUTH POWAY PARKWA:Y DEDICATED -('Z..l.'O'O AC..) , .
~ PUBLIC UTILITY EASEMENT DEDICATED (f'AR:3-0.1l9t>c)(fr,.R.4,D.119. k,
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TABULATED DATA . .Ob,.,..... .
DE.L1A l?JE.AR. LE.~&1f{ NO. RAD, DE.1;.1AIF3EAR LE.NG,TH
N <D l"\SCiO E. 10(".0.0'\1. N3'Z,"OO'00"W 101.00
N ~'O'5(,,'S'l"N ,1.1XXP, ' 11 - N'O'O"Ob'OcfE 314,~5.
(O'/IO'Oc,," :L4>O'O()' 1'0 t~OO.bDI ")"m'5!? 314Arof
N'L~4(.'4<.::'W '(,,1.44 l~, WS(,,",Sl'~LfE.' . 'L'L3.'Cioi
t:>01.~'4'r~ ''Ln.'';)l I~u'."'ol 5035'W' 1'O'?1Ln I
40.00 '?l0"o'Z.'4'" . (p'L.'OIJ/ 1.119%.'50 5"04'4<0: nu.q
1 N1.0"t4'13'\W I 10.00 I N,\)0'50,54"W~Z:.10
'BIM(P;5D 1."05'5(,," (01.(,,4 I N'rf3~50'54'W '(5:2..'00,1
0'ie,<\4>.SO 3004'04" ~5,3 'N5,?!""'D 54'W1. r.a.~
10 40.00 ~5'41'45" ,(dp!O'Q I N'b'1"SO'54"W ,11.4.1.1:
ii' N'lG>'.ZZ'll&o"\Il' 10,00' "N'O'J'50'54"W'l.%.]1
S'31'44"!~tAl, 't. N'O~'5o 547W "LLIl'L
I W.4'l. , 1$ NB':)'SO 54'W 'Z.4B:'l:
.4 1.<:1 N '0""'00' s'rIN I(O'?!,(P
10.00 ~ I~OD.DO 0"3740" 1.0.'01
"-'I I'JDD.DO 0"15 '2.4 B.51
':,1. I~DC>.DO ~"5!'1~" 7..~3.lD5
N56'Oooo" E 314.55,
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