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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 ) ) ) ) ) ) ) ) ) ) (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, \ , 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.. - , ~: ~ ~ ~~~ - - ~f ! @ COMM.#1CI.WU1 I z Nalalyl'll:lllc-~_ IAN DIEGO COUNIY J _ . _ _~~~_~2~1~ .1 WITNESS my hand and official seal. ~<~...~~CU'-:, ~ 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 ,7.. . /~~ (~~'I "-- () '. !~~ (Signatures must be notarized) liens\easemnt.hig 79G 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.