Grant of Easement (Storm Drain & Appurtenances) 1995-0381779
787
~c I 1995-0381779
2y-AUG-1995 12117 PM
OFFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
FEES: 0.00
OCtJA-
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
Tax Parcel No. 275-305-05
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(For Recorder's Use Onlv)
GRANT OF EASEMENT
(STORM DRAIN & APPURTENANCES)
Donald L. & Bonnie J. Hiooinson. (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 channel 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 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,
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78--8
CALIFORNIA ALL.PURPO$~ ACKNOWLEDGMENT
No. 59D7
~
State of ....
County of ~ LilY j..o
On~;Jr;/c,9.Y
DATE
personally appeared J..9~ o:t ~ A..-,.~ A.'" d ./.t-<f?/~ ~ ,
NAME(S) OF SIG (8)
o personally known to me - OR . ft;J proved to me on the basis of satisfactory evidence
to be the perso@ whose nam@ ~
subscribed to the within instru ent and ac-
knowledged to me that the executed
the same in heir authori d
capacit{("i'SSD and that y .
signatur~ the instrument the perso
or the ~tity upon behalf of which the
person@cted, executed the instrument.
before me. d.. -
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! @ COMM.#1CI.WU1 I
z Nalalyl'll:lllc-~_
IAN DIEGO COUNIY
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WITNESS my hand and official seal.
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SIG ATUAE OF NOTARY
OPTIONAL
Though the data below is not required by iaw, 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
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
J.1~~~
TITLE TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
_____ Lf
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
o~~ ;;:.zY. f9ry
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
O.
SiGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
78g
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
P:, - 2- '0 , 19 '1..s-:-
day of
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(Signatures must be notarized)
liens\easemnt.hig
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: DONALD L. AND BONNIE J. HIGGINSON
A.P.N.: 275-305-05
A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP
13 SOUTH, RANGE 2 WEST, OF THE SAN BERNARDINO MERIDIAN IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN
LOT 16 OF MAP NO. 4185 RECORDED AS FILE NO. 102054 ON MAY 20, 1959
IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCELl: STORK DRAIN BASBKDI'l'
BEGINNING AT THE SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE
SOUTHEASTERLY LINE THEREOF NORTH 55017'01" EAST 35.64 FEET; THENCE
LEAVING SAID LINE NORTH 48049' 19" WEST 39.78 FEET; THENCE SOUTH
41010'41" WEST 39.92 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 16;
THENCE ALONG SAID LINE SOUTH 58035'47" EAST 31.56 FEET TO THE POINT
OF BEGI!DfING.
HAVING AN AREA OF 1,308 SQUARE FEET MORE OR LESS.
PARCEL 2: TEHPORARY CONSTRUCTION BASBKDI'l'
COMMENCING AT THE SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE
SOUTHEASTERLY LINE THEREOF NORTH 55017'01" EAST 35.64 THENCE LEAVING
SAID LINE NORTH 48049'19" WEST 39.78 FEET; TO THE TRUE POINT OF
BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 795.00 FEET TO WHICH POINT A
RADIAL LINE BEARS SOUTH 41024'26" WEST; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 06039' 41" AN ARC DISTANCE OF
92.43 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 16;
THENCE ALONG SAID LINE SOUTH 38048'58"WEST 30.88 FEET TO THE
SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID LINE SOUTH
36032'52" EAST 79.98 FEET; THENCE SOUTH 58035'47" EAST 12.97 FEET;
THENCE LEAVING SAID LINE NORTH 41010'41" EAST 39.92 FEET TO THE TRUE
POINT OF BEGI!DfING.
HAVING AN AREA OF 3,346 SQUARE FEET MORE OR LESS.