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Grant of Easement (Storm Drain & Appurtenances) 1995-0467752 RECORDING REQUESTED BV: C!TV OF POWA V WHEN RECORDED RETURN TO: C!TV CLERK CITY OF POWAY P.O. BOX 789 POWAV, CA 92074 Tax Parcel No. 275-510-11 ) ) ) ) ) ) ) ) ) ) 180 9.5 - o4-6n.52.- " .-.,.. tt 199t' 046'7t-,-, I.. .'.,. ..1- i ..HL 17-0C1-1995 09=31 AM OFFICIAL RECORDS SAH OIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECOROER FEES: 0.00 (For Recorder's Use Only) GRANT OF EASEMENT (STORM DRAIN & APPURTENANCES) Garrv W. Saylor & Sylvia A. Saylor. (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 EXHIBITS A AND B 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, except perimeter fencing. 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 or maintain the improvements 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. 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. 181 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 agrees to forego payment or compensation for easement based on GRANTEE's assurance and guarantee that no other party to this storm drain improvement project is receiving or will receive payment or compensation for use or easement other than relocation or replacement of existing trees, fencing, or plants/planters. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, th~RANTOR has executed Qc:-.--oi3jg.. 19~ (t+~ 9-ay of L (Signatures must be notarized) liens\easemnt.say nit II II certify tiat the in\lmt f. l1li propetty tin. by the... urlllllt dated "~-1I-'i5 frmr Ga n1 lJ. ~I.; (S'jl~... A. 'S.'iID r tftllltCltr Of t'owar, I palm::ll corwation Ind/orllMfJltMlltll_ is IIertby II:CtIQd IIJ tile um!ersianecl ofb " ..... ... belt of tilt CIty QJncjJ pu~ to IIIIIariIJ ~... ,., R...... .... 3C adaiIted .. Jaray 28, 1111 .. ... .......11._..... tIIeJeIf.., ill.., "1".'_ ... __ ID-llr"\S ~t .\J CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 182 State of ~.~ County of .-f f6T .().l4 ~ On (!) (I~ /1, Jf~.s- before me, Date Name and 11lle of Officer (e. ,,"Jane oe, Notary Public" personally appeared If.,,A./U1 t{/, .I'f.V.AA. ~ .J"".P!..,JJ. tit' _./~ ~'~JU , V' I" Name(S~er(s) V' o personally known to me - OR (prOVed to me on the basis of S~ti factory evidence to be the perso~ whose nam~i re ubscribed to the within instrument and aCknowled~d ~ me that he/sh~executed the same ~her/ eir uthorized capacit~and tha~ his/hei~ignaturEi0~Jn the instrument the ~~ or the entity upon behalf of which the perso~ted, executed the instrument. r ~ .'. ~ ~ ~~~ . ~ 'I - @ COMM.#1QM31 & :5 . -.' NaIIIIr NIle - CaIIomIa t Z 1M DROCOUNIV - J_ _ _ .~~~.~2~1~ 1 WITNESS my hand and official seal. ~t:~"L.-' '/?;7CLc ~~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: '~f ~~;t=' ~;J~ Document Date: / (:) - / / -?: <r" Number of Page~ b Signer(s) Other Than Named Above: C7. --' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: . Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-8827 183 BDXBXT "A" LBGAL DBBCRXPTXOII VESTING: GARRY W. SAYLOR AND SYLVIA A. SAYLOR APN: 275-510-11 A PORTION 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 116 OF MAP NO. 6509 RECORDED AS FILE NO. 109489 ON OCTOBER 15, 1969 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCBL 1: STOIUI DRAIII BASBJUU1T BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 116 ALSO BEING A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF AVENIDA FLORENCIA; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 116 NORTH 58035'47" WEST 31.39 FEET; THENCE LEAVING SAID LINE SOUTH 51046'17" WEST 10.17 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 51056'03" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3018'36" AN ARC DISTANCE OF 28.89 FEET TO A POINT ON SAID RIGHT-OF-WAY ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS 229.95 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 39009'46" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 4026'47" AN ARC DISTANCE OF 17.85 FEET; THENCE NORTH 55017'01" EAST 2.51 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 444 SQUARE FEET, MORE OR LESS. PARCBL 2: TEMPORARY COIISTRUCTIOII BASBJUU1T BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 116 ALSO BEING A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF AVENIDA FLORENCIA PER SAID MAP 6509; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 116 NORTH 58035'47' WEST 44.52 FEET; THENCE NORTH 36032'52" WEST 72.39 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 53027'08" WEST 15.40 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 515.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 61009'07" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12048'10" AN ARC DISTANCE 115.08 FEET TO A POINT ON SAID RIGHT-OF-WAY ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 229.95 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 42045'18" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE 09001'15" AN ARC DISTANCE OF 33.27 FEET; THENCE NORTH 55017'01" EAST 2.51 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM PARCEL 1 PREVIOUSLY DESCRIBED HEREIN. HAVING AN AREA OF 2,049 SQUARE FEET MORE OR LESS. 184 TEMPORARY CONSTRUCTION EASEMENT SHALL EXPIRE 30 DAYS AFTER NOTICE OF COMPLETION OF CONSTRUCTION IS FILED WITH THE CITY OF POWAY. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "Bit. THIS EXHIBIT AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. cq:.-I.~:I:~/9< C:\LEOALS\SA YLOR.LOL ~ ~ ;:0 ~ lQ -...J :!:: ;;: '" '" I '" " 0 I -;, U )> I "'oiii :;;: mo~ 0 "'0 '< )>)>, )>BjocfTl ()al'T1~ ::J>fTl -. o~ ): (f)::J '10 ~ (I) Z)>""U<~ :;t>-' rCD~. :!::(O )>':S.:J ~~~~lQ ::t>-~VJ (J) ~ s:: ~ ., M S. , () '" ~ CD I (J) ::u ~ . :;; b OJ ~ 0 ..., !2N ;g~~ '" '" z ~~~~~ ~ot8(fJ (J):s::a ""U 91T1z )> "~~~~ ;-f "'~'" c r o :::! 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