Grant of Easement 1995-0414271
Recording Requested by
ClTY UF POWAY
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
837
~c U 1995-0414271
lB-SEP-1995 10133 AM
OffICIAL RECORDS
SAlt DIEGO curry RECORDER'S OFFICE
GREGORY SlUTK. COUHTY RECORDER
FEES: 0,00
.When recorded, mail to:
(
y
SP ACE ABOVE FOR RECORDER'S USE
Transfer Tax
SAN DIEGO GAS & ELECTRIC COMPANY
GRANT OF EASEMENT
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called
"Grantor", for valuable consideration, grants to the CITY OF POW A Y, a municipal corporation,
hereinafter called "Grantee", an easement and right of way for storm drain purposes and incidentals
thereto, through, over, under and across Grantor's land, together with the right of ingress and egress, to
and along said easement.
The lands in which said easement and right of way are hereby granted are more
particularly described in Exhibit" A" and shown and delineated on Exhibit "B", attached hereto and made
a part hereof
Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage
to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of
Grantee's facilities within said Grantor's property.
Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in
cOlffiection with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike
manner and in accordance with standard engineering practices.
Grantor reserves unto itself, its successors and assigns, the right to use the subsurface,
surface and airspace there over, of the herein before described easement and right of way, for the
installation of such facilities as it shall now or in the future deem necessary. Such rights shall not be
exercised by Grantor, its successors or assigns, in such a manner as to be unreasonably incompatible with
Grantee's installation.
(S:\Mstword\Esmt~owaydr.doc]
-1-
838
Grantee shall at all times indemnity and save harmless Grantor against and pay in full any
and all loss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any
manner from the construction, maintenance, use, state of repair or presence of Grantee's facilities installed
hereunder and all necessary and proper fixtures and equipment for use in connection therewith, including
any such loss, damage or expense arising out of the (a) loss or damage to property, and (b) injury to or
death of persons, including the defense of any action arising therefrom.
Grantee covenants for itself, its successors and assigns that should Grantee discontinue
use of this easement for the purposes set forth herein, then all rights granted in this easement shall
terminate and Grantee, upon receipt of written request, shall execute and deliver to Grantor a good and
sufficient Quitclaim Deed to all rights herein granted.
Grantor, its successors and assigns, shall not be required to bear any portion of the cost of
construction, maintenance, alteration, repair, replacement, relocation or removal of Grantee's facilities
installed within the easement herein granted.
The terms, covenants and conditions of this easement and right of way shall be binding
upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or
altered form it may assume.
Instrument
I~
IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caused this
to be executed in its corporate name by its officer thereunto duly authorized this
day of vt~ ' 19 9S" .
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
Drawn
Date
S.B.E. NO.
AP. No.
Mc Guire
8/15/95
141-37-30, PcL 3
141-37-116, PcL5
314-651-21
321-021-04
This Is to certify t~at the intlr8St in real ptopert, 'IJn. -jed
by the deed or grant dated q - I b- 'i S Iron> 5,.... l) I e (0
,
0", 'it {- Ifctv'L totheCi.ty
of ~oway, a politi::at corporation and/or IIQ'IeRImental acencY
is hereby accepted by the undersignad officer or agent 0/1 be-
half of the City Gouneil pursuant to authority confarrtd 117
Rnolution No. 34 adoptad on January 20, 1981 and the
granme consents to recordation theraol by its duly autlloriZld
officer.
Dated: .:l.:.1 So - 'i So
Ry~,L K 1VMW~
\
\ .
'~ ..J
[S:\MstwordlEsmtlpowaydr.doc]
-2-
CALIFORNIA ALL.PURPOSI:. ACKNOWLEDGMENT
839
No. 5907
State of (:,4/ ,,e;;,,,, A' ,:..
County of -5'A. \ f)/E-Q ()
/ //
On q - / Y - '7~ before me, /-1 A.HJ~ ,L; f/ 'C/f..e./A
DATE NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC'
personally appeared ::': G. L~d?_ K,~
NAME(S) OF srGNER(S)
B'Personally known to me . OR . 0 proved to me on the basis of satisfactory evidence
to be the person(.st-whose namefs7 is/-are
subscribed to the within instrument and ac-
knowledged to me that he/slgelt1gey executed
the same in his/her/their authorized
capacity(les), and that by his/l1el/tl,,,,i,
signature(&j on the instrument the person(a),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
l@lIM>AF.VICTORIA
COMM. '106038J
NOTARY
i ~~t
J~ UAY28.~ I
~h;"d;Z;~"
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuabie to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
T!TLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
t Ja.J}1(',' ~"., - ''''.'~' ~
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BXHIBIT "A"
840
LBGAL DBSCRIPTIOB
APN: 314-651-21 AND 321-021-04
VESTING: SAN DIEGO GAS & ELECTRIC COMPANY
STORM DRAIN EASEMENT
A PORTION OF SECTION 6, TOWNSHIP 14, SOUTH, RANGE 1 WEST AND
PORTION OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA. SAID PORTION LYING WITHIN LAND DESCRIBED IN
DOCUMENT RECORDED MARCH 29, 1962 AS DOCUMENT NO. 53352 OF OFFICIAL
RECORDS AND ALSO LYING WITH LAND DESCRIBED IN GRANT DEED RECORDED
APRIL 16, 1951 AS DOCUMENT NO. 48231 OF OFFICIAL RECORDS OF SAID
COUNTY. SAID PORTION SHALL BE A STRIP OF LAND 20 FEET IN WIDTH
BEING PARALLEL AND CONCENTRIC AND LYING 10 FEET PARALLEL atilt' EACH
SIDE OF THE FOLLOWING CENTERLINE: ~~
PARCEL 1
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE ALONG
THE SOUTHERLY LINE THEREOF SOUTH 88033'22" EAST 270.97 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 00006'43" EAST 51.01 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY OF TWIN PEAKS ROAD AND TRUE
POINT 01' BEGInIBG; THENCE CONTINUING NORTH 00006' 43" EAST 217. 87
FEET; THENCE NORTH 89053'17" WEST 296.18 FEET; THENCE NORTH
01002'29" WEST 230.66 FEET; THENCE NORTH 03022'38" WEST 494.55 FEET;
THENCE NORTH 09005'05" EAST 228.40 FEET TO THE WESTERLY LINE OF SAID
SECTION 6 AND POINT OF TERMINUS.
THE SIDE LINES OF SAID 20 FOOT STRIP SHALL BE PROLONGED AND OR
FORESHORTENED TO TERMINATE WITH WESTERLY LINE OF SAID SECTION 6 AND
THE SAID NORTHERLY RIGHT-OF-WAY OF TWIN PEAKS ROAD.
HAVING AN AREA OF 29,726 SQUARE FEET.
PARCEL 2
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE ALONG
THE SOUTHERLY LINE THEREOF SOUTH 88033'22" EAST 270.97 FEET; THENCE
LEAVING SAID LINE NORTH 00006' 43" EAST 87.83 FEET TO THE TRUE POINT
01' BEGInIBG; THENCE SOUTH 89053'17" EAST 36.75 FEET TO A POINT OF
TERMINUS.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 PREVIOUSLY
DESCRIBED HEREIN.
HAVING AN AREA OF 535 SQUARE FEET.
841
PARCEL 3
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE ALONG
THE SOUTHERLY LINE THEREOF SOUTH 88033'22" EAST 270.97 FEET; THENCE
LEAVING SAID LINE NORTH 00006'43" EAST 218.40 FEET TO THE TRUB POIHT
01' BEGIIIHIIfG; THENCE NORTH 89053'17" WEST 28.64 FEET TO A POINT OF
TERMINUS.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 PREVIOUSLY
DESCRIBED HEREIN.
HAVING AN AREA OF 373 SQUARE FEET.
PARCEL 4
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE ALONG
THE SOUTHERLY LINE THEREOF SOUTH 88033'22" EAST 270.97 FEET; THENCE
LEAVING SAID LINE NORTH 00006'43" EAST 268.88 FEET; THENCE NORTH
89053'17" WEST 296.18 FEET; THENCE NORTH 01002'29" WEST 230.66 FEET;
THENCE NORTH 03022'38" WEST 494.55 FEET; THENCE NORTH 09005'05" EAST
258.96 FEET; THENCE NORTH 80054'55" WEST 72.50 FEET TO A POINT ON
THE WESTERLY LINE OF SAID DOCUMENT NO. 53352 O.R. AND POINT OF
TERMINUS.
THE SIDELINES OF SAID 20 FOOT STRIP SHALL BE PROLONGED AND OR
FORESHORTENED TO TERMINATE ON THE WESTERLY LINE OF SAID DOCUMENT
NO. 53352 O.R.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 PREVIOUSLY
DESCRIBED HEREIN.
HAVING AN AREA OF 1250 SQUARE FEET.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY
DIRECTION.
C2
<5/14-/9>
P.L.S.
C:\U!OALSIBUDWIN.LOL
I
1
EXHIBIT "B"
8.f~
N89'16'38"W
1323.32' ;"'....-....~~
5 ~~
c. NO. 3352 i"\....
on,...
N89i6'38"wl \; ;::
1257.43' \ z'
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- - S88'33'22"E ~;'"
TWIN S~g~R PEAKS 325.00' -ROAD
CD - TWIN PEAKS RO.
@-POMERADO RD.
0- TlERRA BONITA RD.
(D-BUDWlN LN.
@- CAMINO DEL NORTE
Right-of-Way EnQlneerlng Services, Ine,
Lana Surveying
4167 AVENIDA DE LA PLATA, SUITE 114
OCEANSIDE, CA. 92056
(619) 732-1366 ACAD Fname: BUDSD-RW.DWG
DENDTES
EASEMENT TO BE ACQUIRED
31,884 SQ. FT,
NOO'54'22"W
60.02'
LINE DIRECTlON DISTANCE
L1 S88'33'22 E 270.97'
L2 NOO'06'43"E 51.01'
L3 NOO'06'43.E 217.87'
L4 N89'53'17.W 296.18'
L5 N01 "02'29"W 230.66'
L6 N03'22'38"W 494.55'
L7 N09'0505 E 228.40
L8 NOO'06' 43.E 87.83'
L9 S89'53 17 E 36.75
L10 NOO'06'43 E 218.40'
l11 N89'53'17 W 28.64'
l12 N09'05'05"E 258.96'
L13 N80'54'55"W 72.50'
l14 S89'19'07"E 151.95
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
LOCA TlON
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SW COR. DETAIL 'A'
SEC 6
POINT OF NO SCALE
COMMENCEMENT
PCL. 4
T.P.O.B.
PCL. 4
--
....
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SCALE
1"= 200'
CITY OF POWA Y
EASEMENT PLAT
314-651-21
321-021-04
VESTING:
S.D,G, Be E.
DRAWN: MJG
DATE: 8/14/95
SHEET:
1 OF 1
I