Grant of Easement 1981-114236 4111•
RECORDING REQUESTED BY: 81-114236
FILEIPAGE NO.
CITY OF POWAY BOOK 1931
RECORDED REQUEST 0:
TITLE INSURANCE & TRUST CO.
AND WHEN RECORDED MAIL TO: ,
NAME CITY OF POWAY APR 15 8:00 AM 81
OFFICIAL RECORDS
STREET 12324 Oak Knoll Road SAN DIEGO COUNTY, CALIF.
ADDRESS VERA L. LYLE
Poway RECORDER
CITYIA
STATE California 92064 This space for Recorder's use
//,�./t1 ,,��//��
Title Order No. 1078988 /O , O. NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 273-820=08
Code Ikea_ 4106 GRANT OF EASEMENT
THE LUTHERAN CHURCH OF THE INCARNATION OF SAN DIEGO COUNTY, CALIFORNIA
(hereinafter "GRANTOR") hereby grants to CITY OF pQWAY
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way_XXXXXXXXXXX.
XX 4X;XXti,Xt6; in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including,
but not limited to, facilities for power transmission and communication purposes, 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 rights of way situated in adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the County of _._$d11.12I€90 State of California, and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
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® 58 410
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EXHIBIT "A"
I
1
The Southerly 650.00 feet of that portion of Lot 1 in Section 26, Township
13 South, Range 2 West, San Bernardino Meridian, in the County of San Diego,
State of California, according to United States Government Survey thereof,
described as follows:
•
Beginning at the Northeasterly corner of said Section 26, as said Northeast-
erly corner is shown on Record of Survey Map No. 3582, filed in the office
of the County Recorder of said San Diego County; thence North 88045' 59" West
along the Northerly line of said Section, a distance of 330.00 feet to the
TRUE POINT OF BEGINNING; thence South 01°14' 01" West, 1333.05 feet to the
intersection with the center line of the 60.00 foot traveled right of way
for road purposes as shown on said Record of Survey Map No. 3582; thence
along said center line as shown on said Map, North 88056'56" West, 342.44
feet to a tangent 375.00 foot radius curve, concave Northerly; thence North
01014'01" East, 1334. 14 feet to' the intersection with the Northerly line of
said Lot 1; thence South 88045'59" East along said Northerly line 342.44
feet to the TRUE POINT OF BEGINNING.
EXCEPTING from said Southerly 650.00 feet of that portion conveyed to the
County of San Diego, by deed recorded February 19, 1962 as File No. 28924
of Official Records, being that portion lying Southwesterly of a 1170.00
foot radius curve concave Northeasterly that is concentric with and distant
30.00 feet (measured radially) Northeasterly from that certain 1200.00 foot
radius curve in the following described line:
3eginning at the Southeast corner of Lot 1 of said Section 26; thence North
88°57'07" West, (Record North 88°56'56" West) 338.30 feet to the beginning
ofa tangent curve to the right having a radius of 1200.00 feet; thence North-
westerly along said curve through a central angle of 56°46'05" a distance of
1188.95 feet; thence tangent to said curve North 32°11'02" West, 603.33 feet
to a point which is South 68°14'59" West, 728.33 feet; and North 88042'51"
West, (Record North 88°45' 59" West) 999.86 feet from the Northeast corner of
said Section 26. •
R/W II 1078988
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Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
building, structure or improvement on, over or under any portion of the easement, nor shell GRANTOR, its heirs, successors,•
or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any
portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or
flora from time to time as GRANTEE determines in its sole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other
public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the public
as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR'S
heirs, successors, or assigns, therefor.
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 deter-
mine 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 de•
scribed 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 pro-
ceeding, adminstrative 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 au-
thority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with
its terms. /
3111 Wjtncss Wilfred, the GRANTOR has executed this Easement this--)11 !__day of ! (7
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Exe ted in the Presence of: I / IWigil I
1
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OFFICIAL SEAL 1 In • r,_
'1-141,,I° � JUNE C ROBERTS //,/ '• .' •
m . : NOTARY PUBLIC - CALIFORNIA
C,� 2,
I _ :;1. -Y'_ SAN DIEGO GOUPRIness- `_' . tri_,
a^' MY comm. expires AUG 27, 1981 — .: I A
R/W No. 10 8 i
DRAWN BY JAP / •
' LAI t::llt •
''',, tir
CHECKED.BY-
ACCT.
Y ACCT. NO. SD-P03-325-00
DATE February 23, 1981/r1
SEC(C)—R/W(80)
:. ._ • ® 60
EXHIBIT "B"
Parcel 1:
All that portion of said Section 26 described in said Exhibit "A" included
within a strip of land 30.00 feet of even width, the Easterly line of said
30.00 foot wide strip of land being described as follows:
Beginning at the intersection of the Easterly line of the land described
in said Exhibit "A", and the Northerly line of that certain 102.00 foot
wide strip of land described in Deed to the County of San Diego, filed
in the Office of the County Recorder of said San Diego County November 24,
1965, as File/Page No. 213385 of Official Records; thence along said East-
erly line, North 1°14' 01" East 179.50 feet.
Parcel 2: •
All that portion of said Section 26 described in said Exhibit "A" included
within a strip of land 10.00 feet of even width, the Easterly line of said
10.00 foot wide strip of land being described as follows:
Beginning at the Northwest corner of the 30.00 foot wide strip of land
described in Parcel 1 above; thence along the Westerly line of said 30.00
foot wide strip of land, South 1°14'01" West 15.00 feet.
•
R/W # 1078988
4111
. � , 6
PARTNERSHIP FORM
STATE OF
County of ss
On this day of A.D., 19 before me
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
known to me to be one of the partners of the partnership that
executed the within instrument, and acknowledged to me that such partnership executed the same.
3111 Witt1f55 !Arita, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
GENERAL FORM
STATE OF
County of ss
On this day of A.U.. 19 before me
a Notary Public in and for the said County end State, residing therein, duly commissioned and sworn, personally appeared '
personally known to me to be the person whose name subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
3111 Witttf55 Wtjecro(, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
CORPORATION FORM
STATE OF Ci- ` `1"
County of ?u�- L !il )ss
On this / 7 , day of A.D.. 19:52/ before me.... - �,
a Not Public,in and/fo,,the said,County d State, residing therein, duly commissioned and sworn, personally appeared
71A.-4-4-4-4--r--,
^ :(r' /v 4� known to me to be the President
and%1./,✓Leih-r- IC' r known to me to be the Secretary
of the � c>C* ' � C.l.� � t�i.(/t-�J'l.fv{.Cd //t��r-i-v'.,, Lfir t _,Secretary
the Corporation that executed the within Instrument, known to me to be the persons wfio executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
Jill IPTtllESS WIJrrfol, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written. _ _ _ _
t •� OFFICIAL SEAL `
Lp JUNE C ROBERTS
4 o.4 NOTARY PUBLIC - CALIFORNIA
ii)21
SAN DIEGO COUNTY /
My comm. expires AUG 27, 1954 ' 'Notary Public in and for said County and State.
t ,/ UNI✓ C . phE/QTS
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SUMMERF/ELD LN. V A /NO/GATES WATER •
LINE EASEMENT
Project: LUTHERAN CHURCH FN. EXTENSION
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References : PLAT. C .A.P . So-P03-325-00
of easements required by the RAI // /078988
City of Poway . Tax Par. 273-820-08
7 scale Enconeenne Carnoratbn Base Map 3
Date: FEB. 23, /98/
Scale: / a- zoo' con suitrno enoinu vrsr nrcnitects
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CERTIFICATE OF ACCEPTANCE
I, ROBERT W. MEISSNER, as DIRECTOR OF PUBLIC WORKS 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 March 17, 1981 -
from THE LUTHERAN CHURCH OF THE INCARNATION OF SAN DIEGO
COUNTY, CALIFORNIA
to the CITY OF POWAY, al 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 th'e grantee consents to recordation
thereof by its duly authorized officer or agent .
Dated : March 31, 1981 CITY OF POWAY
By: _1/(.(44
Robert W. eissner,
Director of Public Works
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