Grant of Easement 1981-257355 1 ,
`.I I
0 81-257355
t� • 1566 1
Mut to+s aaas•.
RECORDING REQUESTED BY: L�'" ' !N I � GE CO.
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CITY OF POWAY AUG 13 S:OO AM$�
�.it OFFICIAL. RECORDS
AND WHEN RECORDED MAIL TO: SAN DIV R COUYL�CA"F'
NAME City of Poway RECORDER FEE STREET NO FEE
ADDRESS 12324 Oak Knoll Road • •
DOCUMENTARY TRANSFER TAX $..._:Cl
CITY Poway f
STATE California
This space for Recorder's use •
92064
Title Order No. 47Ci1 34-R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 321-270-42
GRANT OF EASEMENT
JOSEPH KORDAHL, a single man
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 30.00
feet in width, 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 Ito
GRANTEE'S rights of way situated,in adjacent lands, without any additional compensation therefor.
County San Die 0
The land encompassingthis easement is situated in the of 9 State of California, and is more
particularly described as follows, to wit:
' All that portion of the Southwest Quarter of the Northeast Quarter of Section 8,
Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Poway,
County of San Diego, State of California, according to the United States Government
Survey, described in Parcel B of Certificate of Compliance No. C78-0539 BA(c)l ,
approved February 7, 1979, and recorded February 8, 1979 as Document No. 79-060481
in the Office of the County Recorder of said San Diego County.
RECORDER:
Please make no charge
lot recording the att-
ached Instrument. It
Is being recorded In
connection with a Gov. •
ernmentel Agency tra-
nsaction. Co•
pt/ To PkAZfrnlieic 9/10Pl
79 -1 File z.
• Doc.* 1385
•
1567
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Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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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 shall 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.
X11 /MUMS Wilfred, the GRANTOR has executed this Easement this day of_ , 19-QQ
1
Executed in the Presence of:
Witness. jL'ctz49t 'A...
Witness.
D3?51 14-P
DRAWN
BY •
CHECKED BY
ACCT. NO. SD-P03-252-06
DATE February 16. 19R1/mh
BEC(C)—R/W(80)
® 1568 •
EXHIBIT "A"
Parcel 1 :
All that portion of said Parcel B 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
that certain course in the boundary of said Parcel B which is designated in
said Certificate of Compliance as having a distance of 520.40 feet.
Parcel 2:
All that portion of said Parcel B included within a strip of land 30.00 feet
of even width, the Southerly, Southwesterly, and Westerly line of said 30.00
foot wide strip of land lying 10.00 feet Southerly, Southwesterly, and Westerly,
measured at right angles, from the following described line:
Beginning at the intersection of a line drawn parallel with, and distant 13.00
feet Westerly, measured at right angles , from that certain course in the boundary
of said Parcel B which is designated in said Certificate of Compliance as having
a distance of 520.40 feet, and a line drawn parallel with, and distant 70.00
feet Southerly, measured at right angles, from that certain 'course in the boundary
of said Parcel B which is designated as "South 89°09 '39" East 175.00 feet", said
intersection being a point hereinafter referred to as Point "A"; thence along
said last mentioned parallel line, North 88°38'33" West (record North 89°09 ' 39"
West) 196.05 feet; thence North 42°34' 50" West 63.83 feet •to a line drawn parallel
with, and distant 80.00 feet Westerly, measured at right angles , from that certain
course in the boundary of said Parcel B which is designated as "South 2°57'46"
West 400.00 feet"; thence along said parallel line, North 3°28'52" East (record
North 2°57'46" East) 256.65 feet; thence North 18°00'00" West 43.49 feet; thence
South 73°01 '10" West to the Westerly boundary of said Parcel B. •
Parcel. 3:
An easement for the construction, maintenance, repair, and use of an access road
over, under, upon, and across all of the 30.00 foot wide strip of land described
in Parcel 1 above. •
TOGETHER WITH an easement and right to construct, reconstruct, repair, and maintain
excavation and embankment slopes beyond the limits of the property described in
Parcel 3 above where required for the construction and maintenance of said .access
road; reserving to the grantors herein, their successors and assigns, the right to
remove such slopes or portions thereof, provided that said grantor herein has
removed the necessity for maintaining such slopes or portions thereof, or upon
providing in place thereof, where necessary, other adequate lateral support, the ,
design and construction of which shall be first approved by the grantee herein,
and also provided that the said grantee herein has given its previous written
consent to such removal .
•
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---continued---
Page 1 of 2
R/W #325134-R
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® 1569 41
EXHIBIT "A" continued---
Parcel 4:
An easement for the construction, reconstruction, repair, and maintenance of- a
drainage ditch or ditches, and/or a drainage pipe or pipes, over, under, upon
and across all that portion of said property described in Parcel B included within
a strip of land 15.00 feet of even width, the center line of said 15.00 foot wide
strip of land being described as follows:
Commencing at the point designated in Parcel 2 above as Point "A"; thence along
the Westerly line of the most Easterly 13.00 feet of said Parcel B, South 3°28'52"
West 400. 28 feet to the TRUE POINT OF BEGINNING; thence North 70°31 '08" West
60.00 feet.
Page 2 of 2
R/W #325134-R
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1570 •
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.
3In Witness Wgtftof, 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.
•
(/r/ • GENERAL FORM
STATE OF.r`G:/ o 4". by �� 1
County of....,X.�.z..III%%/ ss per //
On this i3 ✓/ day of....1J.✓ 7 /'A.D., 19.CS , before me v e. °i`G/� //'q 4'C I�/1cf�1 c/Y'e
a Notary Public in und for the sa,iq County and State, residing therein, duly commissioned and sworn, personally appeared
personally known to me to be the person whose name '-1 subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
/In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.Insammanansuunson �/fJ
stmf11uranattg //
,! GERARD M. MARCHAND. JR. //j= 7--..tri.(12).
tNOTARYp1JBLICCALIFORNIr��. o F" Notary Itiga
said County and State.
77a2f-a PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Oct 19.1980
CORPORATION 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 the... President
and known to me to be the Secretary
of the
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
111 Witness Whereof, 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.
® 1571 411
CERTIFICATE OF ACCEPTANCE
I , ROBERT W. MEISSNER, as ACTING DIRECTOR OF PUBLIC SFRVTrPR
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 fuLy J3, )qgi
from JOSEPH TORDA H L
to the CITY OF POWAY, 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 or agent.
Dated: AUGUST (o511718 ( CITY OF POWAY
By : ALA) 114,4442A
Robert W. Meissner,
Acting Director of Public Servic
(D. P . S . 4-81)
.
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. F/P N079-035646
4
II N
j// .. INDICATES WATER
LINE EASEMENT
Project: ASSESSMENT D/STR/CT 79- 1 • I.
References : PLAT C.A.N. SD-PD3-252-0th!
of easements required by the R/W II 325/34-R
City .of Poway • Tax Par. _321-270-42
Base Map 2
s--•- Boa Er=11212YrOCCIrcanitten
M Date: FEB. /6, /96/
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