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Grant of Easement for Water Lines & Appurtenances STI-09-307 2010-1498717D O C # 2010-0498717 I III I II I III) II II III II II (IIII (IIII IIIII II I IIII III III IIII SEP 21, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER- COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 7 (This space for Recorder's use only) APN: 317 - 101 -17, 317- 101 -16 GRANT OF EASEMENT EASEMENT FOR WATER LINES & APPURTENANCES STI -09 -307 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) BRANNON FAMILY LIMITED PARTNERSHIP (hereinafter "GRANTOR ") hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the following described easement for a right -of -way, in, upon, over, under, and across the lands described and depicted in Exhibit "A", attached hereto and made a part hereof, 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 therefore. 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 ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT MAP EXHIBIT B (MADE A PART HEREIN) 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 City Engineer 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. 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. NUM • RECORDING REQUESTED BY: TITLE CV 1 ) ) �r CITY OF POWAY ) ) fl AND WHEN RECORDED MAIL TO:) i r CITY CLERK ) CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92074 )' D O C # 2010-0498717 I III I II I III) II II III II II (IIII (IIII IIIII II I IIII III III IIII SEP 21, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER- COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 7 (This space for Recorder's use only) APN: 317 - 101 -17, 317- 101 -16 GRANT OF EASEMENT EASEMENT FOR WATER LINES & APPURTENANCES STI -09 -307 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) BRANNON FAMILY LIMITED PARTNERSHIP (hereinafter "GRANTOR ") hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the following described easement for a right -of -way, in, upon, over, under, and across the lands described and depicted in Exhibit "A", attached hereto and made a part hereof, 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 therefore. 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 ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT MAP EXHIBIT B (MADE A PART HEREIN) 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 City Engineer 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. 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. NUM GRANT OF EASEMENT STI -09 -307 317-101-17,16 PAGE 2 • 1690 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. 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 day of Uli , 2010. Limited Family Partnership, a California Limited Partnership �e�r�lB� i; nnon 90 ner � G Nj � onald Brannon, Co- partner Approved as to Form: Office of the City Attorney Lisa Foster, City Attorney M: tengseMClapp \EsmntlWalgreenslWater Easement.docx �2 Lb, Date Date ELDON JAMES WATERS Commission # 1763049 Notary Public - California `F. Riverside County "VCortrn. Eq)1resAug 23, 2011 i 0 1691 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of�l�/jf 25 /G!'! 1 personally appeared Though the information below is not required by law, it may prove valuable t persons relying on the document and could prevent fraudulent removal and reattachment of this f9fm to another document. Description of Attached Title or Type of Document: lit• • �� /<✓ �' J��PU��1Ui�✓f/C� S'/ —�J/�-,30� Document Date: c r2 �i �0/ Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ,K Partner— ❑ Limited ❑ General rop or l mb here ❑ Attorney in Fact El Trustee _ _. ❑ Guardian or Conservator ❑ Other: $iq ler Is Repressrtutlgie Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top of Irvmb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Si Is Representing: QL f•Qf/,[�tN --- Association • NaOonalNotary org • 1- 800 -US NOTARY (1- 800 - 876.6827) Item 95907 who proved to me on the basis of satisfactory evidence to be the person(y) whose name(&) Waco subscribed to the within instrument and acknowledged to me that hefsHefthey executed the same in his4"11,eir authorized capacity(ies}, and that by ELDON JAMES WATERS hisAu*4 reir signature(* on the instrument the Commission # 1763049 person(o, or the entity upon behalf of which the Notary PUbIIC • cailtornia person(&) acted, executed the instrument. �. Riverside county - MyCOmm. E>qDuesAug 23, 2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ffici seal. Signature: Place Notary Seal Above f aWr o Nol P �p� . [/ OPTIONAL Though the information below is not required by law, it may prove valuable t persons relying on the document and could prevent fraudulent removal and reattachment of this f9fm to another document. Description of Attached Title or Type of Document: lit• • �� /<✓ �' J��PU��1Ui�✓f/C� S'/ —�J/�-,30� Document Date: c r2 �i �0/ Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ,K Partner— ❑ Limited ❑ General rop or l mb here ❑ Attorney in Fact El Trustee _ _. ❑ Guardian or Conservator ❑ Other: $iq ler Is Repressrtutlgie Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top of Irvmb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Si Is Representing: QL f•Qf/,[�tN --- Association • NaOonalNotary org • 1- 800 -US NOTARY (1- 800 - 876.6827) Item 95907 AU"V W LL VkrMLI 1N 1 State of California County of Los Angeles On July 27, 2010 before me, Erin Surinck Notary Public DATE NAME; TITLE OF OFFICER-E.G.. `JANE DOE, NOTARY PUBLIC - personally appeared Donald Brannon i W'.' G who proved to me. on the basis of satisfactory evidence to be the person whose name is a subscribed to the within instrument and cknowI dged o me tha he he /they executed the same in�&her /their authorized cap city�Ns), ERIN SURINCK and that b hi er /their signature on the instrument the COMM, # 1765383 person s), or a entity upon behalf of which the person NOTARY PUBLIC, CALIFORNIA; acted, executed the instrument. I certify under PENALTY LOS ANGELES COUNTY ' M Comm. Erzpires Sept. 30, x011 OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL WITNESS my hand and official seal. :Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ . CORPORATE OFFICER r ® PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: :SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY0ES) DESCRIPTION OF ATTACHED DOCUMENT Grant of Easement, Easement for Water Lines & Appurtenances TITLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES July 27, 2010 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION 0 1593 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT SOUTHERLY 169.30 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE SOUTHEAST 2.58 ACRE LOT OF RECORD OF SURVEY MAP NO. 3395 RECORDED ON JULY 16, 1954 AS FILE NO. 93326 WITH A LINE PARALLEL WITH AND DISTANT WESTERLY 33.00 FEET, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID NWI /4 SEC 13; THENCE, ALONG SAID AFOREMENTIONED PARALLEL LINE, NORTH 89° 08' 30" WEST 18.00 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 51.00 FEET, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID NW 1/4 SEC 13; THENCE ALONG SAID PARALLEL LINE, SOUTH 010 54'00" WEST 49.60 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 01 ° 54' 00" WEST 17.79 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 11.71 FEET THROUGH A CENTRAL ANGLE OF 260 50'07" TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 40.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 610 15' 53" EAST; THENCE SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 2.00 FEET THROUGH A CENTRAL ANGLE OF 20 51' 40 ", A RADIAL LINE TO SAID POINT BEARS NORTH 640 07'33" WEST; THENCE LEAVING SAID CURVE, NORTH 89° 08'30" WEST 4.45 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 59.00 FEET, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID NW 1/4 SEC 13; THENCE ALONG SAID PARALLEL LINE NORTH 01 ° 54' 00" EAST 30.81 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 218.89 FEET, MEASURED AT RIGHT ANGLES FROM SAID AFOREMENTIONED NORTH LINE OF THE SOUTHEAST 2.58 ACRE LOT OF RS 3395; THENCE ALONG SAID PARALLEL, SOUTH 890 08'30" EAST 8.00 FEET TO SAID AFOREMENTIONED TRUE POINT OF BEGINNING,,.--1 i77�7�d�1►ll'E G ORGE K. BERNHARTH, RICE 13737 SEABOARD ENGINEERING COMPANY 1100 S. BEVERLY DRIVE, SUITE 201 LOS ANGELES, CA 90035 / QRpFESSlp7yq� ��F��K. BERNy9F2�2 No. 13737 k\ Exp. 3 -31 -2011 / * ST CIVVE R'oP �Tf OF CAE1F� EXHIBIT "A" Exhibit A - Legal Description 09- 23Access Eascment.doc (07/09/2010) Sheet 1 or2 i I I I I I I i SCALE: P =20' I 10 0 1 GRAPHIC SCALD REC. 0711611954, O.R. 50154 S89 08'30'E 8.00,— WATER ---,j EASEMENT RW 6 900 u0 4zs S6 5'53 E: (RAD) \ N89 0 43 1 �Q+ STREET DEDICATION PER v DOC. N0. 2010- 0309647 -- REC 0612112010, O.R.�� - -� - -- O.B. 1694 P. N89 08'30" f 18.00' 33.00' —4 51.00' 0. B. I EAST LINE OF i NW114 SEC. 13 T14S R2W —I 59.00' o /0 ?tyl B . 0Aj K. EgNy F,�G, No. 1.373 I X qT CIVIL FOF CALW I Q) ESMT FOR COHNTY HIGHWAY Q) PER INST NO. 237439, REC. 1210611960, O.R. CENTER OF POWAYRPOAD SEC77ON 13, - - st - EXHIBIT W - WATER EASEMENT 13364 POWAY ROAD & 13214 COMMUNITY ROAD, POWAY, CA 92064 SCALE 1 ":20' SEABOARD ENGINEERING CO. JOB NO. 09 -23 DRAWN BY 1100 S. BEVERLY DRIVE, STE 201 DATE 07/09/2010 M.A. LOS ANGELES, CALIFORNIA 90035 TEL. (310) 277 -7337 FAX (310) 277 -7339 CHECKED BY G.K.B. SEABOARDOSEABOARDENGCO.COM PAGE 2 OF 2 09- 23sur.dwu (Ds) EXHIBIT "B" ROAD ESMT PER C2 RS 3395, REC. IN N640733" FILE NO. 93326, DATED 0711611954, 0. R.� C1 A= 2650'07" I C2 CA= 251'40" Q R= 25.00' >L R= 40.00' C =1 L =2.00' � 00v= I C o /0 ?tyl B . 0Aj K. EgNy F,�G, No. 1.373 I X qT CIVIL FOF CALW I Q) ESMT FOR COHNTY HIGHWAY Q) PER INST NO. 237439, REC. 1210611960, O.R. CENTER OF POWAYRPOAD SEC77ON 13, - - st - EXHIBIT W - WATER EASEMENT 13364 POWAY ROAD & 13214 COMMUNITY ROAD, POWAY, CA 92064 SCALE 1 ":20' SEABOARD ENGINEERING CO. JOB NO. 09 -23 DRAWN BY 1100 S. BEVERLY DRIVE, STE 201 DATE 07/09/2010 M.A. LOS ANGELES, CALIFORNIA 90035 TEL. (310) 277 -7337 FAX (310) 277 -7339 CHECKED BY G.K.B. SEABOARDOSEABOARDENGCO.COM PAGE 2 OF 2 09- 23sur.dwu (Ds) EXHIBIT "B" CERTIFICATE OF ACCEPTANCE 1695 This is to certify that the interest in real property conveyed by the deed or grant dated: July 26, 2010, by the Brannon Family Limited Partnership, Grantor, to the City of Poway, Grantee, a political corporation and /or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Dated: Ot"— / 7 --/ y CITY OF POWAY Seal: p A. Troyan, MMC Clerk