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Grant of Easement Water Hoist Wl11-001 2013-0245880 . , _ , a � � � ��� �-������� � �� Illl Illlll I IIIII IIIII Illlllll IIIII I III IIIII IIII IIII IIII IIII RECORDING REQUESTED BY: APR �9, 2013 1123 AM CITY OF POWAY � OFfICIAL RECORDS � i� SAN DIEGO COUNTY RECORDER'S OFFICE 1 � AND WHEN RECORDED MAIL TO: Emest J. Dionen6urg,Ji..COUNTY RECORDER .(�� � FEES: 0.00 —� CITYCLERK OC: NA CITY OF POWAY D� P:O. BOX 789 8 3 � 5 rACES: 9 7 ��� POWAY CA 92074 IIIIIII IIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIII IIIIIIIIIIIIIII IIIII IIIII IIIIIIIIIIIII . , _ __ _ _-- -- - ---- APN`.�320-220-18& 320-220-21 GRANT OF EASEMENT Water Hois4 WI11-001 The undersigned grantor(sj declares: Documentary Transfer Tax is $-0-pursuant to R&T Code 11922 (conveyance to a Government Agency) Fit Properties, LLC, a California Limited Liability company (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 alf 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 tlie right of ingress and egress from the easement by a practical route or routes in, upon, ove[, or across the land described below, togetherwith the right 4o use thiseasement; for access fo GRANTEE's rights-of- , way situated in adjacent lands, without any additionaf compensation therefor. The land encompassing tFiis.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 [emove any trees, brush, or other vegefation 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 ezisting 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, , . i , . . . ' 8326 ' Grant of Easement Hoist WI11-001 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, successoPs, or assigns, shall not.increase or decrease or permit to.,be increased or decreased the existing ground elevations of the a6ove=described easemenYwhich 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 autliority'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 ���-�^-- , 2013. OWNER: Fit Properties, LLC By Date: `3/� ZU/3 Name: •) 2T�"�e � /"G�r�"�; L�L Its: [Manager/M aging Member] (Signatures Must Be Notarized) Approved as to.Form: Office of the City Attorney v�� � � � �1V 1��J Morg n L. oley, ity ttorriey Date M:\engserv\Clapp�Esmnt\Hoist\Hoist Water Revised.docx , . 8327 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CMl CODE§ 7789 �y�-.c�,�.r�ur�.c:n�x�.�rKm.:�.c�r..�.TS:rc.cr-.Ta�r.,�u:c�r�r.<r.m-.�a-.car�..cr--.n-.c,�.�,�c�.�tzc-,���a�e..���¢Fr-..c�w-e�-�r-ym.�mc,,.� �� State of California p�� � � County of , X1C1 �P�QO } i t Onf�Q'( Z"�J ���efore'me, t�l,�� t� • �Q,IpIQ lVO�Q�CI.I �U1D11 '(�, � Oale Herelnse Name T�tlaot.MeOHicer � I � personally appeared �e '(2� �ar�1 G� nlame(s)o�Signer(s) � � who proved to me on the basis of satisfactory �, evidence to be the person(s) whose name(s) is/are �� subscribed to the within instrument and acknowledged i � to me that he/she/they ezecuted the same in � ` KatE K.TAPiA his/herltheir authorized capacity(ies), and that by r. �`y �.� Comm�ssfon I 1997911 his/hedtheir signature(s) on the instrument the � �C-a� Nota ��Public -CaliPomi� i z,, �' D person(s), or the entity upon behalf of which the i� z�•�i- San Oiapo Cou� person(s) acted, executed the instrument. i „� M Comm.E� Itn Nov 21.2016� � �` I certify under PENALTY OF PERJURY under the laws of the, State of California that the foregoing � paragraph is true and correct i � WITNESS my hand and official seal. � � ^ �' ^� �i. �l A.6L11�-� Signature: K � � J-, Place No�ary Seal Above �SignaWre o(Notary Pu01i � OPTIONAL � Tfiougb the inlormation below;is:notrequired by law, it may prove��.valuable.to'persons,relying on the document and could prevent'Iraudulent removal and reattachment:ofihis�lorm�to�another document. Description of.Attached,Document /� i �� Title or Type of Document: l s�7111� � �G�MC'Xl �` Document Date: Number of Fages: � . �i fi Signer(s) Other Than Named.Above: �� Capacity(ies) Claimed by Signer(s) � i . Signer's'Name: Sigrier's Name: �Y O Corporate Officer — Title(s): ❑Corporate Officer — Title(s): � ❑ Individual ❑Individual �� ❑ Partner — �Limited �General' ToP or m�mb nere ❑Partner — O Limited ❑General Top of�h�mb here � i. ❑ Attorney in Fact ❑Attomey in Fact ❑ Trustee ❑Trustee � ❑ Guardian or Conservator ❑GuardianrorConservator � � ❑ Other: ❑Dther:� � iu i� Signer Is Representing: Signer Is Representing: , fi �<:�.-u.�;�.�.-����.��.K:�,-�:�.�.�.�.-�-�.�.-.�.-�.�.�:.�.��.-�.-��.�.�,�.�:�..� � 02010 National Notary Association•NatiOnalNOtary.org•1-B00-U$NOTARV(1-800-8]6-682]) Ilem M59W � , � 8328 GranYof Easement Hoist WI11-001 Page 3 G`,�.� oF �oiY%�J- r CERTIFICATE OF ACCEPTANCE �-_ __-_- > yF� ...�` �.w \��co- ��,�6V iNE C� This is to certify that the interest in real property conveyed by the deed or grant dated: �lfii?CN [� , 2013 by Fit Properties, CLC, a California Limited Liability Company, 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: a1161�� CITY OF POWAY Seal: By: �� �� � Kristen M. Crane Interim City•Cle�k 83 ? 9 �� . "EXHIBIT A" LEGAL DESCRIFTION WATER EASEMENT THATPORTION OF PARCEL"B" AND PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE BA NO. 00-09, RECORDED ON MARCH 28, 2001 AS FILE N0.2001-0180201 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 20.00 FEET WI�E, 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, RECQRDED MARCH 13, 2000 AS FILE NO. 2000-126910, OFFICIAL RECORDS OF SAID COUNTY; THENGE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF=WAY,;SOUTH 87°15'01" 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 NORTHERLYRIGHT-OF-WAY NORTH 2°44'59" EAST A DISTANCE OF 46.54 FEET; THENCE NORTH 89°09'51" 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°24'59" 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°44'S9" EAST A DISTANCE OF89.14 FEET;THENCE NORTH 87°15'01"WEST A DISTANCE OF 267.69 FEET TO POINT "C"; THENCE DEPARTING S,41D POINT "C", NORTH 87°15'01"WEST A DISTANCE OF 290.90 FEET; THENCE SOUTH 2°44'59"WEST A DISTANCE OF 55.54 FEET TO POINT"D"; THENCE DEPARTING SAID POINT"D", SOUTH 2°44'59" WEST A DISTANCE OF 253.18 FEET; THENCE SOUTH 37°15'01" EAST A DISTANCE OF 47.49 FEET TOPOINT "E"; THENCE DEPARTING SAID POINT"E", SOUTH 37°15'01"WEST A DISTANCE OF24.67 FEET; THENCE SOU.TH 2°44'S9" WEST A DISTANCE OF 42.53 FEET, MORE OR LESS, T,O,A,POINT ON THE SOUTFiERLY 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 SNORTENED TO TERMINATE AT AFOREMENTIONED NORHTERLY RIGHT-OF- WAY'OF COMMUNITY ROAD. TOGETHER WITH THAT PORTION OF PARCEL "C" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANGE 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: . � 8330 BEGINNING AT AFORESAID POINT "A", THENCE SOUTH 38°41'12" EAST A DISTANCE OF 3L50 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 87°15'01" EAST A DISTANCE OF 18.00 FEET. TOGETHER WITH THAT PORTION'OF PARCEL"C" OF BOUNDARY ADJUSTMENT GERTIFICATE 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-0F LAND 10.00 FEET • WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFORESAID POINT"C', THENCE SOUTH 2°44'59"WEST A DISTANCE OF 16.50 FEET. TOGETHER WITH TNAT PORTION OF PARCEL "B" OF BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCEBA 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 AFORESAIDPOINT"D°, THENCE SOUTH 87°15'01" EAST A DISTANCE OF 38.00 FEET. � TOGETHER WITH THAT PORTION OF PARCEL "B" OF BOUNDARY ADJUSTMENT CERTIFfCATE OF COMPLIANCE'BA.N0.: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"E", THENCE NORTH 52°44'S9" EAST A DISTANCE OF 17.50 FEET. ���ANU 5��� � (f � ���yQETeR��fiL+� � /c 5 311¢ �i3 �_� � �a HANS PETE�IG, PLS 5270 ATE: I a MY LICENSE EXPIRES 12/31/13 'a �"� �t�31 �3 /� if'J. '1b,�g'55Z�,,�-4jR�i ' �Of CF`.��a:� �����f� fl�� H 3 3 1 SHEET 1 OF 3 POWAY RDAD QO �O O O �J� ` � � � �O ST Q ��E ROqO POWPY ROAD SGR`PPS LEGEND.� SITE K/RKHAM WAY POB /NDICA7ES PO/NT OF BEG/NNING TPOB �ND/CATES 1RUE POINT OF BfG/NNING = INDICATES PROPERTY BOUNDARY lND/CATES EASEMENT AREA; OJ51 ACt VI C I N ITY MAP: —?- — 1NDICATES CENTERL/NE NOT 70 SCALE INDICATES R/�Nr-OF–WAY NorE� rHf BEARINGS AND DISrANCES SHOWN NEREON ARE FOR � INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED 70 CONTROL PROPERTY BOUNDARIES: SEE EXHIBIT A° LEGAL DESCRlP7ION FOR CONTROLLING CALLS AND INTENL • � �ANp S �5`` pE T ER �G�'� �" �'�' P9 < -� �� r � - _� � � SZ�� HANS PETER CRAIG * Exp. 12/31/13 � MY�REGISTRATION EXPIRES: 12-31-13 �T9TFpF- CA��EO`�`�\P � �m9'�'� ��^9 �� 2442��Second 'Avenue ' San �iego, CA 92701 ' (619)232-9200 (619)232-9210 Fax Consultonts; Inc: P:�Acad\863 H�TST\Mapping\WATER ESMT\HoistWntEsrotREVISED.dwg B/16/2012 Scale: NONE Drown By: SMD ARN(S): 320-220-18 WATER EASEMENT Document No.___ 320-220-21 Dater 3/12/2013 � SHEET 2 OF 3 E3t�GB�I'� ��° 8 3 3 2 I I N oo �iNr b' SEE DETAIL 'E" p��' � S2'44'S9"W 253.18' .'" � .L2 SNEET 3 ,���15 �9� -��--�- —�— - —T � � I 5, 1;I .�� — � � � � �� ; i ��t � ICi Q�11��6� SEE DETAIL "D� / I I ti\�- `'� `L�`� SHEET 3 �I � I ' � vll � c� �' �n N � pl � l 6i, Ul � PCL �B� � ° ip BA PLAT 00-09 r�I � ^i � DOC 2001-0180201 olil 0 �� o o � � li �; lo o cu',,. ?��i� I�-h_ �I� P� — — — — — — — — i � � oi� L1� ' y � SEE DETAIL "C" � � v SHEET 3 �� � � � � �vin�r 'c' I I � � � II II � p PCL �Ctl I I I V 6`S� I � I � � B A P LAT 00-09 �, 63' DOC 2001-0180201 � i �o �� I I r'' � �� 3� SEE DETAIL "A" � �i I I � SEE DE7All "B° � � Iv Q � SHEET 3 SHEET 3 I I� �/ � i �i N�� �_N2'44'S9 E i I �� I1 \ --����N2'44'S9"E 22�3'� �8�4'� � � � - - -� —�- - IPolIVT "A' `•,--', POqVT �" ' ' i ICURI�E DATA TABLE I Ci �21'43'20" R=74.50� L=28.24" � �� � � � L/NE DATA TABLE 1 24a2 second nvenue L1 N244'S9'E 46.54' ga� ��ayo, cn ss�oi _ SCALE.� 1° = 100' (619)232-9200 (679)232-9270 Fax �2 $2•44 Jc9"w JrJc.54 Consukants, Ina.. Scale: i° = 100' Drown By: SMD APN(S): 320-220-18 WATER EASEMENT Document No. 320-220-21 --- Date: 3/12/2013 SH£ET 3 OF 3 SEE �XHI�IT o�° 8 3 3 3 SHEET IWO � ° z � ��dl p — — — — �N , � � � °�� W � N2'44 59'E ��2�'S�9 E � �, r*i vWi �i -�-221.43' 89.14' '�- _ I �s�. i S877S01"E i � _ _ �' �o' \ � `_'�- v' 18.00" S � � ' ��,\�� �� ��o-� � • � ho �, \ ���- 9\ \ � DETAIL "B" s ��1 �11� � F. � NI NOT 70 SCALE 5�$ \ s•9 � ± — — o � �'� N2'44'S9'E � J — — — — — — � � 221.43"-�-- � � � — �POINT b' vW, �u � — — i �u S2'44'S9"W � � DE7AlL ,A �. T- . . � � _ --�•253.18'� �2 -�,- � NOT TO SCALE � � ������ , SEE hlO I SHEETI 7W0 �I�l�I I 3 i ��V� I o i a°, i '1 �IN �--20� DETAIL »��, S2'44"59'`W 2 � � POINT •C' N07 70 SCALE 16.50' I � � 10" 3� � 0�� j� -� �i 5 I h � I S��1h��9� /' � v=i �wl`� � �� / / � � I 2 � I �5� / � � �'o_ 'I DETAIL "C" o ���� � s�'�. �, , �. Nor ro sca�E � �� p- �- w `so=s�.. LINE DAIA TABLE � 4i /�� � � � � L2 S2'44'S9"W 55:54' � " � � �:� � DETAIL "E" 2M2 Second Avenue Nor ro sca�E San �iego, CA 92101 (619)232-9200 (619)232-9210 Fax ' Coneultanta, Inc. Scale: NONE Orawn By: SMD APN(S): 320-220-18 WATER EASEMEN7 Document No.___ 320-220-21 , Dote: 3/12/2013