Grant of Easement (Storm Drain & Appurtenances) 1995-0391590
1825
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05-SEP-1995 08=06 AM
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RECORDING REQUESTED BV:
CITV OF POWAV
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QFFICIA~ ~ECORD:
Si~ DIEG~ COUNTY ~ECORDER'S OFFICE
GREGORY SMITH~ CDUN~Y RECQ~DE~
FEES: 0.00
WHEN RECORDED RETURN TO:
C ITV CLERK
C ITV OF POWA V
P.O. BOX 789
POWAV, CA 92074
Tax Parcel No. 321-021-02
NP
(For Recorder's Use Onlv)
GRANT OF EASEMENT
(STORM DRAIN & APPURTENANCES)
4:I/')r,UMENTARY TRANSFER TAX $ -0-
Poway Unified School District" (hereinafter "GRANTOR") hereby grants to CITV
OF POWAV, (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 pipelines for storm drain 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 San Diego,
State of California, and is more particularly described as follows, to wit:
See Parcel 1 description in Exhibit "A."
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or
permit to erect or construct, 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.
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 determine in its sole discretion from time to time without paying any
additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns,
1826
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 2S~ day of
August 19~.
POWAY UNIFIED SCHOOL DISTRICT
Bv: ~4 J),??~hP<.
Albert J: Abbott
Assistant Superintendent
(Signatures must be notarized)
liens\easemnt.pus
',..1111 -ctrtily dial the intImt ill fill pruperty W!'oo1td
br tile deed or erant dattd ,\-)..~ ~b '- P rwt.-t..
l)....,.\-., ~ 'S:J... D I \)\"h.~j- tnu:.r.a,
of 1'0.11, I poIit!:al oo<polltion Md/or goverallllllllllpACJ
Is hereby ICcep!ecl by the unde"jg~ed officer or .t on be-
hell of the City Council pursu.nt to luthoritY coaftrred '"
Resolution No. 34 adopted on Jar.ulry 20. 1981 II1II tile
greatee consents to recordItion thereof Ir,< its UIJ ItIIItGriIId
offittl.
Deled: "l-I-<jS
IIJ \Jn~~ iQUM.>., L
\
~
- 1827
CALIFORNIA ALL.PURPOSr:. ACKNOWLEDGMENT
No. 5907
State of California
County of San Die~o
On
Au~ust 30, 1995
DATE
before me,
Susan K. Kirchner, a notary public
NAME, TITLE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared
Albert J. Abbott
NAME(S) OF SIGNER(S)
IX] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(sQ whose nameOG) is/11m!:
subscribed to the within instrument and ac-
knowledged to me that he~bIe(~ll executed
the same in hisbtooXbl:lXoox authorized
capacitYOt!l~, and that by hisltl]!jmtm(K
signature(s:) on the instrument the person(K),
or the entity upon behalf of which the
person(sQ acted, executed the instrument.
~c"':. ~ ~ ~ ~ ~ - ~ ~ ~ ~ (
~ < ,,",::, 947006
(J. c' :i;'.y Susan K. Kirchner ~
C) ,,:.... ."."C : "NOTARY PUBLIC. CAllFORNIJ
~ SAN DIEGO COUNTY \1
My Comm. Explr.. Jan. 8. 1888 ..
WITNESS my hand and official seal.
~, ,____ ~ -K~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTIDN OF ATTACHED DOCUMENT
GRANT OF EASEMENT
(STORM DRAIN & APPURTENANCES)
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
8 (including this acknowledgement)
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
~ OTHER: Assistant Superintendent
August 28, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
Poway Unified School District
none
SIGNER(S) OTHER THAN NAMED ABOVE
e1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
1 28
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: POWAY UNIFIED SCHOOL DISTRICT
ASSESSOR'S PARCEL NUMBER: 321-021-02
A PORTION OF LOT 7 OF SECTION 6, RANGE 1 WEST, TOWNSHIP 14 SOUTH
SAN BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA LYING WITHIN LAND DESCRIBED IN CORPORATION
GRANT DEED RECORDED AUGUST 26, 1968 AS FILE/PAGE 147507 OF OFFICIAL
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1: STORMDRAIN EASEMENT
COMMENCING AT THE SOUTHWEST CORNER SECTION 6, RANGE 1 WEST,
TOWNSHIP 14 SOUTH, SAN BERNARDINO MERIDIAN; THENCE ALONG THE
WESTERLY LINE THEREOF NORTH 01000'29" WEST 1188.10 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 09005' 05" EAST 89.47 FEET; THENCE
NORTH 01049'46" EAST 18.33 FEET; THENCE NORTH 88010'14" WEST 16.61
FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH
01000'29" EAST 107.21 FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 993 SQUARE FEET.
PARCEL 2: SLOPE EASEMENT
COMMENCING AT THE SOUTHWEST CORNER OF SCETION 6, RANGE 1 WEST,
TOWNSHIP 14 SOUTH SAN BERNARDINO MERIDIAN; THENCE ALONG THE
WESTERLY LINE THEREOF NORTH 01000'29" WEST 1230.79 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH
49031'28" EAST 6.62 FEET; THENCE NORTH 37041'09" EAST 23.25 FEET;
THENCE NORTH 12005'54" EAST 12.32 FEET; THENCE NORTH 12059'05" WEST
24.84 FEET; THENCE NORTH 88010'14" WEST 17.30 FEET TO SAID WESTERLY
LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 01000'29" EAST 59.51
FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 978 SQUARE FEET.
PARCEL 3: SLOPE EASEMENT
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 6, RANGE + WEST,
TOWNSHIP 14 SOUTH SAN BERNARDINO MERIDIAN; THENCE ALONG THE
WESTERLY LINE THEREOF NORTH 01000' 29" WEST 1134.31 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH
22040'33" EAST 11.19 FEET; THENCE NORTH 22041'23" WEST 12.17 FEET TO
SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 01000'29"
EAST 21.56 FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 48 SQUARE FEET.
g29
PARCEL 4: SLOPE EASEMENT
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 6, RANGE 1 WEST,
TOWNSHIP 14 SOUTH; THENCE ALONG THE WESTERLY LINE THEREOF NORTH
01000'29" WEST 993.46 FEET TO THE TRUE POINT 01' BEGIDING; THENCE
LEAVING SAID WESTERLY LINE NORTH 30053'42" EAST 17.62 FEET; THENCE
NORTH 08037'02" WEST 36.15 FEET; THENCE NORTH 34017'49" EAST 5.66
FEET; THENCE NORTH 06000'16" WEST 11.37 FEET; THENCE NORTH 10049'25"
WEST 18.05 FEET; THENCE NORTH 21013' 04" WEST 10.81 FEET TO SAID
WESTERLY LINE; THENCE ALONG SAID LINE SOUTH 01000'19" EAST 94.67
FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 542 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
O~7~(ifak- 7/I4Pli"
CECIL E. RYA~~, P.L.S. 3997
(J'
Right-of-Way Engineering Services. Inc.
Land Surveying
4167 Avenida Sevilla St.. 114 Oceanside. CA 92056
(619) 732-1366 ACAD FNAME: PUSDESMT.OWG
SEE
SHEET 2
SEE
SHEET 3
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DIMENSIONS SHOWN HEREON
ARE DERIVED FROM
RECORD DATA
tP-1
EXHIBIT "B"
N88"45'14"W
660.03'
-, ,~,-'
~.
NOO'52'54 'w
174.36'
89'07'06"E
10.00'
,----, ~- ---;
FIP -1.47507
10
ro
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Or)
~rl.J
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'::..~c:___ _
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--
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SCALE
1"=200'
N88"47'02"W
324.95'
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It)
N
It)
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o
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z
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::.', ~ s'~" 'j__
325.00'
N88"33'22"W
346.10'
t;. = 31"47'51"
R = 25.00'
L = 13.87'
<n
<n
N88'33'22'W
TWIN PEAKS ROAD
POINT OF
COMENCEMENT
CITY OF POWA Y
EASEMENT PLAT
A.P.N..
321-021-02
VESTING.
POWA Y UNIFIED
SCHOOL DISTRICT
DRAWN: M.J.G.
DATE: 7/14/95
SHEET: 1 OF 3
EXHIBIT "B"
18.31
NSS04S'14.W
SOUTH LINE OF THE
NORTH 20' OF LOT 7
N88' Q'14"W
16.61'
SCALE
1"=20'
DIMENSIONS SHOWN HEREON '"
ARE DERIVED FROM
RECORD DATA
T.P.O.B. PCL-2
,,'
>--
o
--'
u..
o
w
z
::J
PCL-1
7
N01049' 46"E
18.33'
DENOTES STORMDRAIN
~. .
EASEMENT
..1
PCL-1
993 SO.FT.
DENOTES SLOPE EASEMENT
h- "" "" "" I
PCL-2
978 SO. FT.
LINE
L1
L2
L3
L4
LS
DIRECTION
N49'31 '28 E
N37"41'09 E
N12'OS'S4 'E
N120S90S"W
N88' 0'14 W
DISTANCE
6.62'
23.2S'
12.32'
24.84
17.30
CITY OF POW A Y
EASEMENT PLAT
Right-of-Way Engineering Services, Inc.
Land Surveying
4167 Avenida Sevilla Ste. 114 Oceanside, CA 920S6
A.P.N.:
321-021-02
VESTING:
POWA Y UNIFIED
SCHOOL DISTRICT
DRAWN: M.J.G.
DA TE: 7/14/9S SHEET 2 OF 3
SCALE
1"=20'
DENOTES SLOPE EASEMENT
~ '" '" '" I
T.P.O.B.
PCL-4
1832
EXHIBIT
"B"
CD - TED WILUAMS PKWY.
@ - TWIN PEAKS RD.
@ - POMERADO RD.
0- TlERRA BONITA RD.
@ - BUDWlN LN.
@- CAMINO DEL NORTE
PC 3
48 SO. FT.
T.P.O.B.
PCL-3
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to p(/)
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LOCA TION
I
@
VICINITY MAP
NO SCALE
L9
LINE
L1
LZ
L3 ,
L4
L5
L6
L7
L8
L9
DIRECTION
N22'40'33 E
N2Z'41'23"W
S01'OO'Z9 'E
N30'53' 42"E
N08'37'02"W
N34'17'49"E
N06'OO'16 W
N10'49 25"W
N21'1304"W
DISTANCE
11.19
12.17
21.56'
17.62"
36.15'
5.66'
11.37
18.05
10.81'
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM
RECORD DATA
L6
PCL 4
542 SO. FT.
Right-af-Way Engineering Services, Inc.
Land Surveying
4167 Avenida Sevilla Ste. 114 Oceanside, CA 92056
CITY OF POWAY
EASEMENT PLAT
A.P.N.:
321-021-02
VESTING:
POWAY UNIFIED
SCHOOL DISTRICT
7
ORA WN: M.J.G.
DATE. 7/14/95 SHEET: 3 OF 3