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
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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".'_
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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.
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