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
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�� 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
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� personally appeared �e '(2� �ar�1 G�
nlame(s)o�Signer(s)
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� 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. �
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�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: �
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fi Signer(s) Other Than Named.Above:
�� Capacity(ies) Claimed by Signer(s) �
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. 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 �
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❑ Attorney in Fact ❑Attomey in Fact
❑ Trustee ❑Trustee
� ❑ Guardian or Conservator ❑GuardianrorConservator �
� ❑ Other: ❑Dther:�
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Signer Is Representing: Signer Is Representing: ,
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� , � 8328
GranYof Easement
Hoist WI11-001
Page 3 G`,�.� oF �oiY%�J-
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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.
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INDICATES PROPERTY BOUNDARY
lND/CATES EASEMENT AREA; OJ51 ACt VI C I N ITY MAP:
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INDICATES R/�Nr-OF–WAY
NorE�
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INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED
70 CONTROL PROPERTY BOUNDARIES: SEE EXHIBIT A°
LEGAL DESCRlP7ION FOR CONTROLLING CALLS AND INTENL •
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Scale: NONE Drown By: SMD
ARN(S): 320-220-18 WATER EASEMENT Document No.___
320-220-21
Dater 3/12/2013
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APN(S): 320-220-18 WATER EASEMENT Document No.
320-220-21 ---
Date: 3/12/2013
SH£ET 3 OF 3
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Scale: NONE Orawn By: SMD
APN(S): 320-220-18 WATER EASEMEN7 Document No.___
320-220-21
, Dote: 3/12/2013