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Grant of Easement Water 2012-0247548RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK d;t CITY OF POWAY P.O. BOX 789 POWAY CA 92074' APN: 320 - 220 -18 & 320 - 220 -21 DOC# 2012 - 0247548 IIIIIIIIIIII�IIINIIIVIIIIIIIIIIIIInIVnluNllllllll�lllllllll APR 27, 20112 11:23 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA GRANT OF EASEMENT Water Hoist WI11 -001 PAGES: 9 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Hamann Construction, a California corporation (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. 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, Grant of Easement Hoist Will-001 Page 2 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 day of A& L- 12012. Hamann Construction, a California corporation Approved as to Form: Office of the City Attorney Morga of , City ttorney MAengsery \Clapp \Esmnt \Hoist Water.doc (Signatures Must Be Notarized) 27.1VrV_4 L '1?.- Date CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of S ate17_,� ' On 4 1 �o ( 1 2 before me, L �c 1�c�+�c ,Sv'�'� , iu ►� �u -c Date Here Insert Name and Title Officer personally appeared C `� m a- �-►� Name(s) of Signer(s) sm #1811341 ,IC • CAUFONAA 2012 :w . L. RICHARDSON COMM. #1811341 ; MOTgRY PUBLIC n SAN DIEGO COUNTY 0 � ►• EV. SEPT. 23, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sjja/are subscribed to the within instrument and acknowledged to me that _ha4she /they executed the same in hisAw/their authorized capacity(ies), and that by - 4;l4s!4er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my hand and official seal. Sig nature�`7L` c^' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v zuuy National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 Grant of Easement Hoist WI11 -001 Page 3 CERTIFICATE OF ACCEPTANCE ,..........d of Oj IN' F c�rY C This is to certify that the interest in real property conveyed by the deed or grant dated: 1910AI L -j-'Z0/Z- from Hamann Construction, a California corporation, 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: /A CITY OF POWAY Li Troyan, MMC, ity Clerk "EXHIBIT A" LEGAL DESCRIPTION WATER EASEMENT THAT PORTION OF PARCEL "B" AND PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF AFOREMENTIONED PARCEL "C ", SAID POINT ALSO BEING ON THE NORTHERLY RIGHT -OF -WAY OF COMMUNITY ROAD AS DEDICATED PER MAP NO. 13944, RECORDED MARCH 13, 2000 AS FILE NO. 2000 - 126910, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT -OF -WAY, SOUTH 87 015'01" EAST A DISTANCE OF 30.29 FEET TO THE TRUE POINT OF BEGINNING FOR THE CENTERLINE OF THIS 20 -FOOT WIDE STRIP DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY NORTH 2 °44'59" EAST A DISTANCE OF 46.54 FEET; THENCE NORTH 89 009'51" EAST A DISTANCE OF 198.06 FEET;THENCE NORTH 51'24'59" EAST A DISTANCE OF 4.77 FEET TO POINT "A "; THENCE DEPARTING SAID POINT "A ", NORTH 51 024'59" EAST A DISTANCE OF 59.31 FEET; THENCE NORTH 2 °44'59" EAST A DISTANCE OF 221.43 FEET TO POINT "B "; THENCE DEPARTING SAID POINT "B ", NORTH 2 044'59" EAST A DISTANCE OF 89.14 FEET; THENCE NORTH 87 °15'01" WEST A DISTANCE OF 248.92 FEET TO POINT "C "; THENCE DEPARTING SAID POINT "C ", NORTH 871501" WEST A DISTANCE OF 309.66 FEET; THENCE SOUTH 2 044'59" WEST A DISTANCE OF 55.54 FEET TO POINT "D "; THENCE DEPARTING SAID POINT "D ", SOUTH 2 044'59" WEST A DISTANCE OF 253.18 FEET; THENCE SOUTH 37 °15'01" EAST A DISTANCE OF 72.16 FEET; THENCE SOUTH 2 °44'59" WEST A DISTANCE OF 42.53 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF AFOREMENTIONED PARCEL "B ", SAID POINT ALSO BEING ON THE NORTHERLY RIGHT -OF -WAY OF COMMUNITY ROAD. THE EASTERLY AND WESTERLY SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND TO BE EXTENDED AND SHORTENED TO TERMINATE AT AFOREMENTIONED NORHTERLY RIGHT -OF- WAY OF COMMUNITY ROAD. TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFORESAID POINT "A ", THENCE SOUTH 38 °41'12" EAST A DISTANCE OF 31.36 FEET. TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFORESAID POINT "B ", THENCE SOUTH 871601" EAST A DISTANCE OF 18.00 FEET. TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFORESAID POINT "C ", THENCE NORTH 2 °44'59" EAST A DISTANCE OF 33.00 FEET. TOGETHER WITH THAT PORTION OF PARCEL "B" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE BA NO. 00 -09, RECORDED ON MARCH 28, 2001 AS FILE NO. 2001 - 0180201 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFORESAID POINT "D ", THENCE SOUTH 87 °15'01" EAST A DISTANCE OF 38.00 FEET. -/� �-c 4- 5- 2 HANS PETER CRAId, PLS 5270 DATE: c,O.AND . MY LICENSE EXPIRES 12/31/13 °'r t Exp.11 -31.13 ) * EXHIBIT "B" O o� Q LEGEND: POB INDICATES PO /NT OF BEG INNING TPOB INDICATES TRUE POINT OF BEGINNING INDICATES PROPERTY BOUNDARY INDICATES EASEMENT AREA; 0.751 ACf —� — INDICATES CENTERLINE INDICATES RIGHT —OF —WAY NOTE THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE "EXHIBIT A" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT. SHEET 1 OF 3 POWAY ROAD QO �O �J O� V T\ R04D PO g ROAD SITE K/RKHAM WAY VICINITY MAP: NOT TO SCALE \_ AND SCi �5 pETER 9L v 0 J :;0 5270 HANS PETER CRAIG * Exp. 12/31/13 L.S. NO. 5270 MY REGISTRATION EXPIRES: 12 -31 -13 gTFOF- CA\-\F Cw 4 • B*wedd - Load &M9 2442 Second Avenue San Diego, CA 92101 (619)232 -9200 (619)232 -9210 Fax Consultants, Inc. F:\Acad\863 H ❑IST \Mapping \WATER E`.MT \HoistWatE -s tE dwg 212812012 8:C-'E:30 AM PST Scale: NONE I I Drawn By. SMD APN(S): 320 - 220 -18 320 - 220 -21 PRII/ATE WATER EASEMENT Document No. —= Date: 311212012 EXHIBIT "B" N oo POINT ID � S2'44'59 "W 253.18'T ' .T IC1 SEE DETAIL "D" N SHEET 3 I'I V �I 63' �, PCL "B" N BA PLAT 00 -09 o I DOC 2001 - 0180201 I I o4 o rnl ? Iii coo PDB ( DIv SEE DETAIL "C" i 1POB� SHEET 3 rrI -' z POINT 'C' I�IZ o PCL "C" I, III o ° BA PLAT 00- 09 I U, 63 DOC 2001- 0180201 I i ( o I� I I SEE DETAIL "A" SEE DETAIL "B" I44, ,� SHEET 3 SHEET 3 I ti \� ° oo N2'44'59 "EI N2'44 59 E 22 43 89.14 2 IPOINT "A" \`• PO /NT '$' i ICURVE DATA TABLE C1 A= 2239'15" R= 74.50' L= 28.26' MMMi b9 . D*Mwu , LW &Myieg LINE DATA TABLE 2442 Second Avenue L 1 N2 4459 "E 46.54' San Diego, CA 92101 (619)232 -9200 (619)232 -9210 Fax L2 S2 4459 "W 55.54' Consultants, Inc. Scale: 1 " = 100' APN(S): 320 - 220 -18 320 - 220 -21 PRIVATE WATER EASEMENT SHEET 2 OF 3 6s, 3/ Q� Z/ i i 0 SCALE. 1" = 100' Drawn By SMD Document No. Date: 311212012 COI SEE SHEET TWO p�1 i EXHIBIT "B" \ 3r \ vs \ •s o N214459 "E 221.4J'-,,- DETAIL 'A " 7 NOT TO SCALE SEE SHEET TWO O LO (� I--20' N2 4459 "E z 33.00' POINT I �I� N Z DETAIL "C " NOT TO SCALE Cif F owhg • F*orme w • LW &ft* 2442 Second Avenue San Diego, CA 92101 (619)232 -9200 (619)232 -9210 Fax Consultants, Inc. Scale: NONE APN(S): 320 - 220 -18 320 - 220 -21 SHEET 3 OF 3 O N Q) POINT - - - -,� ., N2 4459 "E N2 44'59 "E c� Z -,,-221.4J' 89.14' - I S87'15'01 "E I `'Z 18.00' T — — 10' PRIVATE WATER EASEMENT DETAIL "B " NOT TO SCALE CN o p W S2 4459 "W _ _ --ti- 253.18' �I�IlII I DETAIL "D" NOT TO SCALE LINE DATA TABLE L2 S2'44'59 "W 55.54' Drawn By SMD Document No. Date: 311212012