Grant of Easement Public Utility 1989-111209
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, 'RZCORDI~G REQUESTED
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, CITY ,OF POj'lAY,
AND WHEN RECORDED MAIL TO:
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RE-RECORDED TO :CORRECJ LEGAL DES:CRIP1}ON
(This spa~e 'f'orRe~~rde~ I s Use) ,NO FEE!
This document affects APN', 3.17,~223-25and 317-223-26
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CITY 'CLElU{
CITY OF,' POjlAY
'P'.O. BOX ,789
,POWAY, CAi, 92'064,:
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.GRANT OF EASEMENT
PU8LI C UTI LIJY
GF POWAY, L TO., aCa1 i forni'a limi ted partnershfp , (hereinafter
"GRAN.TOR"), hereby 'gra'nts; to CTTY OF POWAY" (hereina'fter
"GRAN'I'EE"), its successors, or assigns, the following described
easement for a right o,f way .rO".feet in widfh, in, upon, over,
under, and across the lands described below, to erect, construct.,.
reconstruct, replace, repair, maintain, and use a pipeline or pipe-
lines for any and all purposesd together with such fixtures and
appurtenances,. at such lO,cations and elevations., upon, along, over
al)d under. the right of ,way described below as GRANTEE may now. 'or '
hereaf~er determine in its, sole discretion without any additional
compensation therefor, together with the right of ingress and
.egressfrom the easem'ent by a pr~ctica'l 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 ri'ght of way situated in
~djacent lands, wi thou.t any additional compensation therefor.
, The land encompassing this easement .is situated in the County of
San Diego, State ofCalifoJ:"nia, and is more particularly describe'd
as forlows,' to wit:
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Lots 46, 50 &' 51 of City of P6way, Tract 85-04 Unit 1, Poinerado Busi.ness
'Park' .Phase I
Said ea'sement, of .rightof. way in, the aforesaid lands is parb!cular1y'
described as f6llows~
SEE- LEGAL ,DESCRIPTIONS ATTACHED HERETO 'AND
, . ' .MADE A PART ,H,EREOF
I "This is.to eertitYthafihe interest in isal property,coll'/eyed \ODED
by i~~deed oicgrant:dBtedl 00 Il-~8'. fnjrP C.f r~w..., RE.R ECO n .' .
, '/...t-ct'j t.;, ~[.;,L l+.{, .~"",d..,.;p tnlheCilY
of Pow.ay, a !lOlitieal corporation aroMor governmental agency
is,herebY,aee~Pted bytheundmiEnt~clfi:e(cr aClnton bil-
half ,of. tha, City Council pefStl2nt to e,thc,ityconftired I.>y
Re-;'llution No, 34 adopttJ onJ3"c~'1 20, 1981 and, the
&fa_!.<, consents'to reeord2liiln thereof by its'duly authorized
~lflcer,
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,Dated: 11.~ (.'1 -~r By 0 ~ K.' uw/.,g 4....
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.. ,..'.,-...tnU~COU~HY.Ch i
1989 11AR - 3 AM 0., J. 0
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l2VERA L L'" E
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"GRANTOR, its heirs" successors and assigns ,shall not erect or
cOnstructor permit to be. er,ectad or constructadan:i buildil}g,
st:"ructure or improye~ent ,or plant any tree or trees or plant any
other veg"tat,io[l or flora withi,n s,a:i!deas'ement with,?ut the express'
writt,en approval of the City of poway as evidel1c~d by the signa,t1.lre
of the Dit'ector of Public Services on an approved plan'. GRANTOR,
'its heirs" successor.s .and assigns shall, not dig or drill any hole
or wells on any portion' o'f the easement.
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GRA~'tEE .may. 'use all gates ,and fenceswhicl1,' now or later'i. cr'oss any,
portion of the easement. GRANTEE shall also be entitled to trim,
cut, or,clear a~ay or remove any trees, 'brush, or other vegetation
or flora from ,time to time as GRANTEE determines in its sole
discretion withou'tariy additional compensa.tion.
GRANTOR agrees that no o.ther easement or easements shall be gran.ted
on, under, ,or oV,er this easement wi thoiit obtaining the prior wri t-
ten consent of GRANTEE.
'GRANTEE may at any time increase its use of the easement, change
the location of pipelines or other facilit'ies wi thin the boundaries'
of the easemen,t right of way, or modify th'e size of existing p'ipe.-
lines or other imprbvements as it may determine in 'its solediscre-
tion from time to time without payi:lg any additional compensa qon
to' GRANTOR or GRANTOR's heirs, successors, or assigns, provided
GRANTEE doe,S not expan'd its use of the easement beyond the e,asement
boundaries described above.
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I't is also understood and. agreed by the parties that the GRANTOR
and the GRL.NTOR's heirs, successors, or, assigns, shall not increase
or decrease 0; permit to be 'increased or ~~c:reased the existin~
ground elevations 'of .the above described easement which exists at
ihe t{m~ thIs document is executed without obtaining the prior
w,ri'tten consent of the GRA'N.TEE.
In the event of any dispute involving this Agreement, whe.ther or
hot li.tigation is corriirienced, or if any arbi,tration proceeding',
a,clit)ini,.~t:ra ti veproceeding .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 toah award of all attorney's
fees and th,e costs of' the proceeding, which shall be de,tefmined by
the. court or the presid'ing of.fi-c,er havin'g 'authority 'to make this
de te rmin a't ion.
G~TOR expressly war.ran;ts; ans'! represen,ts that GRANTOR has the'
power to grant this easement in accordance with its terms.
IN WIfI'~SS WHEREOF., the GRANTOR has executed this Easement this
l-t-dayof Oc:.......-i - , 19 ,?K'. '
CF POWAY, LTQ.,A Calif. Ltd. Ptnshp. CF POWAY, LID., a Calif. Ltd. Ptnshp.
By: CFPOM'l Ptnr. 'By: CFPOMERADO. INC.. General Partner
BY'~'~'1d'"
,
amue A. Cral~, Sen. V.P.
Date: q!\t-\. Il, \<:\'11"1
Along SO;., poway .kwy. at
Ponierado Road
(Parcels 3, 4', &.5)
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S1~TE OF C~uFOR"I,lA.
COUNTY OF :,an Ul eoo
On 17 ocroEER
sale: Slate. pe~sonally ap~aren
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Romik M.
16.02
. before me. Ihe ul'ldersi9ne-c, it No:ar') Pu~hc il"'. anO for
Kesian >;,l;~
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. pe:sonal!y I<..nown Ie me IO~ provec: Ie me on the
~2Sis O~ salis!aC10!). eVlden~e', It' be the ~rsons whO exe:;u:ed lhe within instrument aL~ pre S ;..Qent
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CF POMERAOO, INC.
the co-rporaliontherein name:::!. anc: a::knowledged 10 me that saId
cOT'?oration executed the wlt:"lin instrument pursuant to l~s by.
la....s or a resolulion oj its board O! dile:::lo~. saidcorporalion being
known 10 me 10 be the general panner of
CFPo\oIAY, L TO.
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OFFICIAL SEAL
KATHLEEN E. SMITH
Notary Public-California
SAN DIEGO COUNTY
My Comm. Exp. Nov. 16. 1990
the lim]lec' pannerShip tr,a: exe::uleo the wilr"lIr, ir:str:J:T,el",~. and
~. acknowledged 10 me 1ha: suct', corporation exeCUleCllr"1e same as
~r,,:SUCh paTtner and thal such pannership eJlecu1ed the s me.
.\NITNESS my hand.~n Hi:::al seal.
'Signature
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, before me, the undersigned, a NotaryPublic in and for
Samuel A. Craig )OM'
~~nown to me (or proved to me on the
basis of satisfactory evidence) to be t\-\e persons who ex.ecuted the within instrument as Se n i 0 r
Vi ce President){~ )(st~M)<on behalf ot"
CF POMERADO. TNC.
the corporation therein named, and aCknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being
STATE OF CALIFORNIA
COUNTY OF
Oieqo
On
San
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said State, personally appearerl
known to me to be the general partner of
CF POIoIAY. L Tn.
fhe limited partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my ha~a and Offi~ _ _ /)1 -
S,gnaIUre~~ L~ ~GLJ~
Linda 'Eichten Richardson
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(This area for official flota(ial seal)
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tXHIBIT "An
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LEGAL DESCRIPTION
PARCEL 3 - PUBLIC UT.ILITY EASEMENT, DEDICATION
THOSE PORTIONS OF LOTS. 50 AND. .51 ,OF CITY OF POWAY TRACT 85-04
UNIT 1, (POMERADO BUSINES,S PARi< - PHASE 1) ACCORDING TO T!iE MAP
THEREOF NO. 11T42 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTYMA'RCH"'" 9, " 1987, IN THE CITY OF POWA Y, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, T09ET?ER WITH A PORTION OF
PO!'ffiRADO 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 SOUTHERLY BOUNDARY OF SAID MAP
AND BEING NORTH 89" 50 '54" WES.T 11.68 FEET FROM. AN ANGLE PO liNT IN
SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY
NORTH 89" 50 '54" WEST 568.35 FEET TO A POINT op THE .ARc OF A NON-
TANGENT 1846..50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A LINE
RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 18" 0"8' i 7"
EAST; THENCE LEAVING SAIp S.9UTHERLY BOUNDARY AND NORTH,EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02"05'56"
A DISTANCE OF 67...64 FEET TO A POINT ON SAID CURVE, A LINE RADIAL
TO SAID CqRVE THROUGH SAID POINT BEARS SOUTH 20"14'13" EAST;
THENCE CONTINUING NORTHEASTERLY ALONG 'THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 0"6"08'03" A DISTANCE OF 197.69 FEET .TO
THE TRUE POINT OF' BEGINN:fNG,' A tINE; RADIAL .TO SAID CURVE THROUGH.
SAID POINT BEARS SOUTH 26"22'16" EAST; THENCE CONTINUING NORTH-
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH' A CENTRAL ANGLE OF
05"31' 44" A .DISTANCE OF 181.41 FEET; THENCE TANGENT TO SA:IDCURVE
NORTH. 58" 00 '00" EAST 598.48 FEET TO A POINT ON THE NORTHWESTERLY
LINE OF THE RIGHT-OPc.:WAY OF SOUTH POWAY 'PARKWAY AS' DED'rCATED TO
PUBLIC USE PEg, SAID MAP NO. 11742, SA.lp POIN,T 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 UTILITY EASEMENT; THENCE
LEAVING SAIpNORTHWESTERLY LINE SOUTH, 58" 0'0 '00" WEST 598.48 FEET
':1'0 THE BEGINNING OF A TANGEN.T1836. 50 FoOT, RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE .DF 05"37"44'" A DISTANCE. OF 180.4-2'FEET.;
THENCE ON ,!iLINE RADIAL FROM SAIDCURYE SOUTH 26"-22'16" EAST
10.00 FEET TO THE TRUE POINT 'OF BEGINNING.
SAIO PARCE'L 3 CONTAINS 0.179 ACRE MORE OR LESS.
MMA/BPM/LH
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5532-050
8-12-88
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1604
. EXHIBIT "A"
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LEGAL DESCRIPTION (PAGE 2)
,PARCEL 4 - PUBLIC UTILITY EASEMENT DEDICATION
THOSE PORTIONS OF LOTS 4,6 AND 51 OF CITY OFPO\oiAY. TRACT 85-04
UNI'f 1, (POMERADO BUSINESS PARK - Pw.:SE 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 '.~F 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 :269.64' FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON THE ARC OF ,A NON-TANGENT 1926..50 FOOT RADIUS CURV'E
CONCAVE NORTHWES.TERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID
POINT BEARS SOUTH 27' 24' 02" EAST; THENC;E LEAYING .SAID SOUTHERLY
BOUNDARY NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF .05'38'28" A DISTANCE OF 189.67 FEET; Tl;lE~CE
TANGENT TO SAID CURVE NORTH 56'57'30" EAST 223.86 FEET; THENCE
NORTH 58'OO'OO"EAST 374.65 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF TflERIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND THE NORTH-
WESTERLY LINE OF THE PUBLIC UTILIT,YEASEMENT :rN SAID. LOT 46 BOTH
AS DEDICATED ON SAID MAP NO. 11742 ; 'THENCE LEAVING SAID SOUTH-
EASTERLY LINE OF THE RIGlfT.-QF-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 UTIr;ITY EASEMENT, SAID POINT
BEING ALSO ON THE SOUTHEASTERLY LINE OF SAID MAP NO. 11742 ;
THENCE ,LEAVING SAID SOUTHEASTERLY LINE OF SAID EASEMENT AND S~ID
SOUTHEASTERLY LINE OF SAID MAP SOUTH 58'00'00" WEST 374.55 FEET;
" . . ,
THENCE SOUTH 56' 57 '30'1 WEST 223.76 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 DISTAN.CE OF 171.67 FEET TO A .POINT ON SAID
SOUTHERLY BOUNDARY LINE; THENCE ALONG SAID 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 PARK - PHASE I.) ACCORDING TO THE .MAP THEREOF
NO, 'l1742 'FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY MARCH 9, :1,987, TN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF SAID MAP NO.
11742, SAID CORNER .BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP
MMA/BPM/LH
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5532.J050
8-12-88
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LEGAL DESCRIPTION (PAGE 3)
AND 'BEING NORTH 89' 50 "54" WEST 11. 68 FEET FROM AN ANGLE POINT IN
~~ID SOUT):IERLY BOUNDARY; THENCE [>.LONC? SAID SOUTHERLY BOUNDARY
NOR'!'JI 89 '50 '54" WEST 5'68.35' FEET TO A POINT ON THE ARC OF A NON,-
TANGENT. 1846.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY" A LINE
RADIAL TO 'SAID CURVE THRiYUGH SAID POINT BEARS SOUTH 18 '08.'17"
EAST, BAlD POINT BE'ING 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 DISTANCE
OF 67.64 FEET; THENCE ON A LINE RADIAL TO SAID CURVE NORTH
'20'14'13" WEST 10.00 F;EETTO A POINT-' ON THE ARC OF A 18,36'.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 SO,uTH2 0' 14 '13" EAST; THEN'CE, SOUTH-
WESTERLY ALONG THE ARC' OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03'0.4'04" A DISTANCE OF 98.33 FEET TO A POINT ON SAID SOUTHERLY
BOUNDARY LINE'; THENCE 'ALONG SAID SOUTHERLY 'BOUNDARY LINE SOUTH
89'5P'54 EAST 32.70 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 5 CONTAINS 0.0'19 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. PREP~ED B~;j~ O~ U:~ER MY DIRECTION.
CJt~f~
DANIEL C. GROTH, R.C.E'.. 231;'00
LICENSE EXPIRATION DATE: 12-31-89
MMA/B~/LH
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5532- 50
8-12-88
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A 1606 JfiHIBIT "8" 0 '~ SHEET, 1 OF, 1 SHEE~
STREET DEDICATION POMERADO ROAD & SOUTtt, POW.A Y
PARKWAY & .f.UBLlC UTILITY EASEMENT DEDICATION
WITHIN PORTIONS OF VACATED POMERADO ROAD & VACATED
SOUTH POW A Y PARKWAY; AND PORTIONS OF LOTS 46,50 &: 51
OF CITY OF POW A Y TRACT 85-04 UNIT " (POMERADO BUSINESS
pARK - PHASE 1) ACCORDING TO THE MAP THERE()F N,O, 1,1742, IN
THE CITY OF POW A Y, COUNTY OF SAN DIEGO; STATE OF CALlFORNI
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