Grant of Easement Drainage & Sewer 1988-2963231143
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
AN D
CITY CLERK )
CITY OF POWAY )
P.O. BOX 189 )
POWAY, CA 92064 )
This document affects APN
vN'2! tulD00
(This space for Recorder's Use)
317-222-13 & 14
GRANT OF EASEMENT
Drainage and Sewer Pipelines and Appurtenances
NO FEE
_ CF POWAY, LTD., a California 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 below, to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipe-
lines for any and all purposes, together with such fixtures and
appurtenances, at such locations and elevations, upon, along, over
and under the right of way described below 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 right 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:
Lots 3 and 4 of City of Poway Tract 85-04 Unit 1, Pomerado Business
Park - Phase I.
Said easement of right of way in the aforesaid lands is particularly
described as follows:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND
MADE A PART HEREOF.
(Parcels A and B)
1144
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 Public 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 writ-
ten 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 pipe-
lines or other improvements as it may determine in its sole discre-
tion 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
�qW day of , 19�d�
CF POWAY, LTD., a Calif. Ltd. Ptnshp.
By: CF POMERADO, INC., General Partner
By:
om a ,
Ao
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STATE OF CAIy°OR ss.
COUNTY OF Jdn ieg�o'/ Dj� - 1145
✓ , before me, the undersigned. a Notary Public in and for
said State. personalty appeared Rom i k M. Kes i an VOX
Personally known to me for proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as Pre s i dent
FMI� a4.V a XXA;Y4on behalf of
CF POMERADO, INC.
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by.
laws or a resolutionof its board of directors. said corporation being OF SEAL
known to me to be the general partner
CF POWAY, LTD.
the limited partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed
the same.
WITNESS y In d and official seal. y//'�=�
Signatur
Kititmeen E. Smitn
KATHLEEN E. SMITH
Notary Public -California
[(VIvIyCol
SAN DIEGO COUNTY
m. Ezp. Nov. 16, 1990
(This area for official notarial seal)
1146
CERTIFICATE OF ACCEPTANCE
I, MARJORIE K. WAHLSTEN, as City Clerk, and agent
for CITY OF POWAY, make the following certification
on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated rhP y 1�j , 15 Sf k
from l7 .2
C,�
to the CITY OF POWAY, a political corporation and/or
governmental agency is hereby accepted by the under-
signed 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
or agent.
Dated: _1 - I`i -88 CITY OF POWAY
By: ��h (� l'wl� �
Marjori K. Wahlsten
City Clerk
(DPS 3/82)
IlA
Exm i,A„
LEGAL DESCRIPTION
PARCEL "A" - SEWER EASEMENT
THAT PORTION OF LOT 3 OF CITY OF POWAY TRACT 85-04 UNIT 1, POMERADO BUSI-
NESS PARK -PHASE I, ACCORDING TO 14AP THEREOF NO. 11742, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1987, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE OF THE FOLLOW-
ING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 4 OF SAID MAP NO. 11742;
THENCE ALONG THE LINE COMMON TO LOTS 3 AND 4 OF SAID MAP NO. 11742, NORTH
83°00'00" EAST, 21.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID COMMON LINE, NORTH 23°00'00" EAST, 34.91 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT STRIP ARE TO BE LENGTHENED OR SHORTENED TO
TERMINATE ON THE SOUTH IN SAID LINE COMMON TO LOTS 3 AND 4 OF SAID MAP NO.
11742.
SAID PARCEL "A" HAVING AN AREA OF 0.012 ACRE, MORE OR LESS.
PARCEL "B" - DRAINAGE EASEMENT
THAT PORTION OF LOT 4 OF CITY OF POWAY TRACT 85-04 UNIT 1, POMERADO BUSI-
NESS PARK -PHASE I, ACCORDING TO MAP THEREOF NO. 11742, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1987, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 4 OF SAID MAP NO. 11742;
THENCE ALONG THE LINE COMMON TO LOTS 3 AND 4 OF SAID MAP NO. 11742, NORTH
83000'00" EAST 300.00 FEET TO A POINT ON A NON -TANGENT 55.50 FOOT RADIUS
CURVE CONCAVE EASTERLY, SAID POINT BEING ON THE WESTERLY LINE OF THE
RIGHT-OF-WAY OF KIRKHAM ROAD (IN THE CUL-DE-SAC), A RADIAL LINE TO SAID
POINT BEARS NORTH 76°27'43" WEST; THENCE SOUTHERLY ALONG SAID WESTERLY LINE
OF THE RIGHT-OF-WAY OF SAID KIRKHAM ROAD AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 31028'26" A DISTANCE OF 30.49 FEET TO A POINT ON
A LINE PARALLEL WITH AND DISTANT 30.00 FEET SOUTHERLY AT RIGHT ANGLES TO
SAID LINE COM14ON TO LOTS 3 AND 4 OF SAID MAP NO. 11742; THENCE LEAVING SAID
RIGHT-OF-WAY OF KIRKHAM ROAD AND ALONG SAID PARALLEL LINE, SOUTH 83°00'00"
WEST, 297.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4; THENCE
ALONG SAID LINE NORTH 07000'00" WEST, 30.00 FEET TO POINT OF BEGINNING.
SAID PARCEL "B" HAVING AN AREA OF 0.205 ACRE, MORE OR LESS.
BPM/MMA/LH
� '/�P H
q44 24-87
JN 5532-42
1143
LEGAL DESCRIPTION (PAGE 2)
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B",
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY
ME OR UNDER MY DIRECTION.
\AND
C A
* LS 5292
BP/MMA/LH
/�LH
4-24-87
JN 5532-42
SIGNED:
-&4�Q
r GItqLD DALE HARVEY JRJ., L.S. 5292
EXPIRATION DATE: DECEMBER 31, 1987 v
N83°2,00T
30.
EXHIBIT "B" v
L EGEND
GE V5,61-4--N7-
Nag-00100T
ASEMENT
T/MAP NOG ��742 17 Lit V/vi iI i
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NP3 0000 E
—PARCEL 'A
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MAP IVO'
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KIRKNAM
ROAD
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P' IV ^I(.t 11 /��=
14 A
t . _. _ 1N1WCA7ES SL"WER EASEMENT DZ'121CAT£/7
(PARCEL '4 0.0/2AC.)
INDICATES DRAINAGE EASEMENT 1JE12ICATM
(PARCEL 'f3 "-- 0 205X)
SEWER EASEMENT — 11V LO r 3
I)RA/NAGE EASEMENT- 1Al LO r4
A L L /N C17YOF PWAY OTRACT 85-04 UN/i I, Ft mffADO f3US/NESS 1oARK-P1-1AIMA
SE , P
NO. 11742.
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ASEMENT
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t . _. _ 1N1WCA7ES SL"WER EASEMENT DZ'121CAT£/7
(PARCEL '4 0.0/2AC.)
INDICATES DRAINAGE EASEMENT 1JE12ICATM
(PARCEL 'f3 "-- 0 205X)
SEWER EASEMENT — 11V LO r 3
I)RA/NAGE EASEMENT- 1Al LO r4
A L L /N C17YOF PWAY OTRACT 85-04 UN/i I, Ft mffADO f3US/NESS 1oARK-P1-1AIMA
SE , P
NO. 11742.
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P£RMAR MO. //742 JN
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L EGEND
GE V5,61-4--N7-
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ASEMENT
T/MAP NOG ��742 17 Lit V/vi iI i
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NP3 0000 E
—PARCEL 'A
q "
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/NG SEINER2
MAP IVO'
`y6 '�74� JYl9J
KIRKNAM
ROAD
r1-� '
P' IV ^I(.t 11 /��=
14 A
t . _. _ 1N1WCA7ES SL"WER EASEMENT DZ'121CAT£/7
(PARCEL '4 0.0/2AC.)
INDICATES DRAINAGE EASEMENT 1JE12ICATM
(PARCEL 'f3 "-- 0 205X)
SEWER EASEMENT — 11V LO r 3
I)RA/NAGE EASEMENT- 1Al LO r4
A L L /N C17YOF PWAY OTRACT 85-04 UN/i I, Ft mffADO f3US/NESS 1oARK-P1-1AIMA
SE , P
NO. 11742.
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V SOST. Imc
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