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Grant of Easement (Water) 2012-0220094D O C # 2012-0220094 II II I I II II II I I IIII II I IIII III IIII II I III III III APR 16, 2012 9:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC NA PAGES: 7 for Recorder's GRANT OF EASEMENT Water Orange Gardens Apartments STI11 -002 The undersigned grantor(s) declares Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Poway Family Housing Partners, L.P., a California limited partnership (hereinafter "GRANTOR "), hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following described easements for a right -of -way, in, upon, over, under and across the lands described in Exhibit "A," and depicted in Exhibit "B ", to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all 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 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 ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT 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 Director of Development Services 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. 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. /.;�1-v^2a RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: ff j CITY CLERK 1�7 CITY OF POWAY F P.O. BOX 789 f„ POWAY CA 92074 ern, D O C # 2012-0220094 II II I I II II II I I IIII II I IIII III IIII II I III III III APR 16, 2012 9:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC NA PAGES: 7 for Recorder's GRANT OF EASEMENT Water Orange Gardens Apartments STI11 -002 The undersigned grantor(s) declares Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Poway Family Housing Partners, L.P., a California limited partnership (hereinafter "GRANTOR "), hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the following described easements for a right -of -way, in, upon, over, under and across the lands described in Exhibit "A," and depicted in Exhibit "B ", to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all 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 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 ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT 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 Director of Development Services 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. 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. /.;�1-v^2a 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, 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 Iq day of MA,rrah 2012- Poway Family Housing Partners, L.P. By. JAMES SILVERWOOD Its: *Y*Vgof�} 4c C,P Approved as to Form: Office of the City Attorney 64w,&46 Morg KL. ole ity torney M \engservUapp \Esmnt \OG Water doc I2L ' tv Date State of California County of San Diego On March 19, 2012 ACKNOWLEDGMENT before me, Kelh J Elliott- Crisostomo, Notary Public,- (insert name and title of the officer) personally appeared James Silverwood who proved to me on the basis of satisfactory evidence to be the person(&) whose name(E) islare subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in hWhei:;hem authorized capacity(ies), and that by hWhei;4heir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature (Seal) KaN J. Elliott -0rlsosbmo tj C - #1920555 mm N Notory PrbYGColibmN W SAN DIEGO COUNTY Cann Exp. JAN 18, 2015 CERTIFICATE OF ACCEPTANCE r1� This is to certify that the interest in real property conveyed by the deed or grant dated: from Poway Family Housing Partners, L.P., a California 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: D .2 CITY OF POWAY /y:— c/ nda A. Troyan, MC, City lerk Page 1 of 1 EXHIBIT "A" WATERLINE EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE PROPERTY DESCRIBED IN DEED TO POWAY FAMILY HOUSING PARTNERS RECORDED DECEMBER 22, 2009 AS DOCUMENT NO. 2009 - 704717 IN THE OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THAT CERTAIN 20.00 FOOT WIDE EASEMENT DESCRIBED IN DEED TO POWAY MUNICIPAL WATER DISTRICT RECORDED AUGUST 2, 1976 AS FILE /PAGE NO. 76- 245220 IN THE OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA AND THE NORTHERLY RIGHT -OF -WAY LINE OF OAK KNOLL ROAD (60.00 FOOT WIDE); THENCE ALONG SAID EASTERLY LINE NORTH 01 052'33" EAST (NORTH 00 °43'00" EAST - RECORD) 54.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 01 052'33" EAST 6.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 88 007'27" EAST 3.50 FEET TO A LINE LYING 3.50 FEET EASTERLY OF AND PARALLEL WITH SAID EASTERLY LINE, MEASURED AT RIGHT ANGLES; THENCE ALONG SAID PARALLEL LINE SOUTH 01 052'33" WEST 6.00 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 88 007'27" WEST 3.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 21 SQUARE FEET. THIS LEGAL QESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION: Alj'141e� GERVAIS, PLS 8674 APN: 317- 540 -69 2- 2P -Zol z 9 ° No.8674 cn THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NAD 83 GRID BEARING BETWEEN STATIONS "611" AND "580" PER RECORD OF SURVEY 14492, I.E. N41 °58'29 "E. I:\]0 \10016 \PROD \Mapping \Legals & Plats \Water Easement Jan 2012 \10016_Plats_WateT_Esmt.doe EXHIBIT 'B" LEGEND: SHEET 1 OF 1 P.O.C. POINT OF POWAY FAMILY COMMENCEMENT HOUSING T.P.O.B. TRUE POINT OF PARTNERS BEGINNING INDICATES RECORD DATA DOC NO. 2009 - 704717 PER DEED RECORDED RECORDED DECEMBER 22, 2009 8/02/1976 AS FILE /PAGE NO. 76- 245220 WATERLINE EASEMENT TO POWAY MUNICIPAL WATERLINE EASEMENT, WATER DISTRICT RECORDED AUGUST 2, AREA = 21 S.F. 1 1976 AS FILE /PAGE NO. 76- 245220 —� 588 07 3.50' 27 t I BASIS OF BEARINGS: � I-- 20.00' THE BASIS OF BEARINGS FOR THIS PLAT IS THE NAD 83 GRID BEARING I I IN01'52'33 "E 501'52'33 "WI BETWEEN STATIONS "611" AND 6.00' 6.00' "580" PER RECORD OF SURVEY I I T.P.O.B. I 14492, I.E. N41-58'29 "E. I i W I I I I r) 0 1 N88'07'27 "W I J � N� 3.50' o f w I Z DETAIL 1„ = 10' aoP� Io° 1 o u'I P.O.C. SITE Z OAK KNOLL ROAD - - "-� OAK KNOLL ROAD 0 \�NPL LANGnG S CITY OF POWAY ce .8674 In -CO7 \SeF'R�NO ,M{�iE OAK 0 30 60 120 * WAY ANE METAL A SCALE IN FEET q FOp CAL \F���e 1 %i o> GRAPHIC SCALE IV 1" =60' VICINITY MAP Drawn 8y. MASSON & ASSOC. Date: Jan. 18, 2012 CITY OF P 0 WA Y DOC. NO. Revised: GRANT OF EASEMENT FOR WATERLINE Map Check Report Prepared by: Masson & Associates, Inc. Preparer: John P. Gervais PN: 11016 Date: 1/18/2012 4:34:58 PM Description: Water Line Easement Orange Gardens Apartments North: 1,926,583.4139' East: 6,313,124.9552' Segment# 1: Line Course: Nl° 52'33"E Length: 6.00' North: 1,926,589.4107' East: 6,313,125.1516' Segment# 2: Line Course: S88° 07'27"E Length: 3.50' North: 1,926,589.2962' East: 6,313,128.6497' Segment# 3: Line Course: S1° 52'33"W Length: 6.00' North: 1,926,583.2994' East: 6,313,128.4533' Segment# 4: Line Course: N88° 07'27"W Length: 3.50' North: 1,926,583.4139' East: 6,313,124.9552' Perimeter: 19.00' Area: 21.00 square feet Error Closure: 0.0000 Course: NO° 00'00"E Error North : 0.00000 East: 0.00000 Precision 1: 19,000,000.00 No.8674 9Lf) *y � Z