Grant of Easement Sewer Lines & Appurtenances 1995-0257029
RECOROING REQUESTED BY.
CITY OF POWAY
~-~ H 19F-'~=70~9
L ~. H ~ c 7 ~r-'.!I..,J L
ZO:jUH-1995 08:54 AM
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92074
4'Q062
OFFICIAL RECJROS
SAH DIEGO COUHTY RECORDER'S OFFICE
GRESaRY SMITH, COUNTY RECQRJE~
~"E"'. ,M, I1r,
t t ::J ~ 'J. l'ij
AND WHEN RECORDED MAIL TO:
N?
No transfer tax due
APN 314-651-03 &11
GRANT OF EASEMENT
(SEWER LINE & APPURTENANCES)
POWAY UNIFIED SCHOOL DISTRICT
(hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter
"GRANTEE"), its successors, or assigns, the following described easement for a
ri ght-of-way in, upon, over, under and across the lands descri bed below, to
erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or
pipelines for any and all purposes, together with such fixtures and
appurtenances, including but not limited to, facilities for power transmission
and communication purposes, at such locations and elevations, upon, along, over
and under the right-of-way descri bed 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 easement of right-of-way is particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, successors and assigns shall not erect or construct or permit
to be erected or constructed, any building, structure or improvement or plant any
tree or trees or plant any other vegetation or flora within said easement without
the express written approval of the City of Poway as evidenced by the signature
of the Di rector of Engi neeri ng Servi ces on an approved plan. GRANTOR, its hei rs,
successors and assigns shall not dig or drill any hole or wells on any portion
of the easement.
GRANTEE may use all gates and fences which, now, or later, cross any portion of
the easement. GRANTEE shall also be entitled to trim, cut, or clear away or
remove 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 the prior written consent of GRANTEE.
GRANTEE, may at anytime increase its use of the easement, change the location of
pipel ines or other facil ities within the boundaries of the easement right-of-way,
CALIFORNIA ALL.PURPOSf:. ACKNOWLEDGMENT
'"'2063
No. 5907
State of California
County of San Dieg-o
On
June 12, 1995
DATE
before me,
Susan K. Kirchner , a notary publiC
NAME. TITLE OF OFFICER EG. "JANE DOE, NOTARY PUBLIC"
personally appeared
Albert J. Abbott
IKJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
NAME(S} OF SIGNER(S)
... ... ... Sw700s" ... .. I
Susan K. Kirchner I
. NOTAAYPUBL~.~~
BAN DIEGO COUNTY \I
M, Convn. Jon. 8, 11118"
WITNESS my hand and official seal.
~---- -;;{ J(~
SIGNATUAE 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
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
GRANT OF EASEMENT
(SEWER LINE & APPURTENANCES)
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
8 (including this acknowledg-ment)
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
IKJ OTHER: Assistant Superintendent
June 12. 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES)
Powav Unified School District
none
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
"2064
or. modify the size 0, existing pipelines or other l,oprovements 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, 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 exi st i ng ground el evat ions 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 12th day
of June , 1995.
POWA Y UNIFIED SCHOOL DISTRICT
By: a?~~~-A
Albert J. bbot
Assistant Superintendent
This is 10 certify I_at thl intl!eSt in real property r.m\.-yed
by the deed ar lfIII\atfd ',-I;(-t6 _ Po1.J"-"-1
UI'\'..\,e.( '-Sv\...;,,\ Vldr".:i hltlltl'llr
of PowIJ, I palltlcll c:orpoIItien lad/or ....mellllllll!lllcr
It htnbr ecctpn4 by tilt .....ped officer or lien! 811 ..
hili of tilt City CoI1IciI ~ 10 .utIIori\y coafIrrtf lit
RlIOIutioII No. 34 IIdotJttd 01 JlnulIY 20, 1981 ... tilt
lflii" COIIMItD _dation tMrIof by lis _ .utIIoriIId
officer. j
Deled; -Jl.L~ \4, 1<1 'IS ~J )\[i",\~'1 I~\:!l.!-,::t,
-/
-
-
ImEI ~~~~l~~~~~~~~~~'M.' '61.) 7M."
-2065
JOB NO
LEGAL DESCRIPTION P'O",
MY
DATE SHEET
1199
EXHIBIT "A" SEWER EASEMENT
CHK'O.
12-23-94 1 of 3
PARCEL 1
An easement for the installation and maintenance of sewer mains and appurtenances over,
under, along and across that portion of rhe Southeasr Quarter of rhe Southeast Quarter, of
Section 1, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway,
County of San Diego, State of California, described as follows:
A 20.00 foot wide strip of land lying 10.00 feet each side of and parallel with the following
described centerline:
Commencing at the Northwest corner of said Quarter- Quarter; thence along the North line of
said Quarter- Quarter South 88040'14" East, 241.86 feet; thence leaving said North line South
17021'00" West, 62.42 feet to an intersection with the South line of the North 60.00 feet of
said Quarter- Quarter and the True Point of Beginning; thence continuing South 17021'00"
West, 174.21 feet to a point herein designated and hereafter referred to as Point "A"; thence
continuing South 17021'00" West, 22,00 feet to the terminus of Parcel 1.
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
South line of the North 60.00 feet of said Quarter-Quarter and end in a line that bears North
72039'00" West through the Point of Terminus.
PARCEL 2
A 20.00 foot wide strip of land lying 10.00 feet each side of and parallel with the following
described centerline:
Beginning at Point "A" described in Parcel 1 above; thence along the herein described
centerline South 57018'00" East, 114.80 feet to an angle point; thence continuing along said
centerline South 18041'00" East, 47.30 feet to the beginning of a tangent 600.00 foot radius
curve concave Westerly; thence continuing along said centerline Southerly along the arc of
said curve through a central angle of 2052'04" a distance of 30.03 feet to a point herein
designated and hereafter referred to as Point "B", a radial line to said Point bears North
74011'04" East; thence continuing along said centerline and the arc of said curve through a
central angle of 16055'56" a distance a 177.31 feet to a point of compound curvature with a
200.00 foot radius curve concave Northwesterly, a radial line to said point of compound
curvature bears South 88053'00" East; thence continuing along said centerline and the arc of
COMPANY
DESCRIPTION
TITLE co.
REFERENCE
ORDER NO.
IDATE
BY
REVISIONS
DATE
-
-
'2066
Im~1 ~~~~l~~~~~~~~~.h."' ,.", "'-.."
JOII NO.
LEGAL DIt.CRIP'TION FOR,
BV
DATE
SHEET
1199
EXHIBIT "A" SEWER EASEMENT
CHK'D.
12-23-94
2 of 3
said 200.00 foot radius curve through a central angle of 71052'00" a distance of 250,86 feet to
a point herein designated and hereafter referred to as Point "C" and the terminus of the herein
described centerline.
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
Southeasterly sideline of Parcel I describt'd above and end in a line that bears North
ITOI'OO" West through the Point of Terminus.
PARCEL 3
Beginning at Point "C" described in Parcel 2 above; thence South 17001'00" East, 10,00 feet;
thence at right angles South 72059'00" West, 45.59 feet to the beginning of a non-tangent
630.00 foot radius curve concave Southeasterly, a radial line to said point bears North
41029'00" West; thence Southwesterly along the arc of said curve through a central angle of
18019'21" a distance of 201.47 feet to the West line of said Southeast Quarter of the Southeast
Quarter; thence leaving said curve along said West line North 00019'40" West, 37.78 feet to a
point in the arc of a non-tangent 650.00 foot radius curve concave Southeasterly, a radial line
to said point bears North 56056'11" West; thence leaving said West line Northeasterly along
the arc of said curve through a central angle of 15050'18" a distance of 179.68 feet; thence
tangent to said curve North 72059'00" East, 49.89 feet; thence at right angles South 17001 '00"
East, 10.00 feet to the Point of Beginning.
PARCEL 4
Commencing at Point "B" described in Parcel 2 above; thence leaving the centerline of said
Parcel 2 North 74011 '04" East, 10.00 feet to a point in the arc of a non-tangent 610.00 foot
radius curve concave Southwesterly and the True Point of Beginning; thence Northwesterly
along the Northeasterly sideline of said Parcel 2 and the arc of said curve through a central
angle of 2052'04" a distance of 30.53 feet; thence continuing along said sideline tangent to said
curve North 18041'00" West, 18.18 feet; thence leaving said sideline South 63007'00" East,
20.10 feet to an angle point; thence North 71053'00" East, 15.00 feet to an angle point; thence
South 18007'00" East, 20.00 feet to an angle point; thence South 71053'00" West, 15.00 feet to
an angle point; thence South 26053'00" West, 20.49 feet to the True Point of Beginning.
COMPANY
DESCRIP'TIOH
TITLE CO.
REFERENCE
ORDER NO.
(DATE
BY
REVISIONS
DATE
Im~1 ~~~~l~~~~;~;~~~.~.. (61') 'M'"
-2067
.lOll NO
LEGAL DESCRIPTION FO":
BY
DATE SHEET
1199
EXHIBIT "A" SEWER EASEMENT
CHK'O.
12-23-94 3 of 3
PARCEL 5
An easement for Ingress and Egress for the construction and maintenance of sewer mains and
appurtenances over, under, along and across that portion of the South Half of the Southeast
Quarter, of Section I, Township 14 South, Range 2 West, San Bernardino Meridian, in the City
of Poway, County of San Diego, State of California, described as follows:
Beginning at the Northeast corner of Midland Estates, Unit No. I, according to Map
thereof No. 6383, filed in the Office of the County Recorder of said County on June 10,
1969; thence along the Easterly prolongation of the Northerly line of said Map No, 6383
North 88035'01" East, 20.02 feet to the West line of the Southeast Quarter of the
Southeast Quarter of said Section 1; thence along said West line North 00019'40" West,
260.00 feet; thence leaving said West line at right angles North 89040'20" East, 65.96
feet to an angle point; thence North 77042'00" East, 92.50 feet to an angle point; thence
South 72039'00" East, 13.86 feet to the Northwesterly sideline of the above described
Parcel I; thence along said Northwesterly sideline South 17021'00" West, 30,00 feet;
thence leaving said Northwesterly sideline North 72039'00" West, 26.14 feet to an angle
point; thence South 77042'00" West, 69.08 feet to an angle point; thence South
89040'20" West, 58.05 feet to a point lying 10.00 feet Easterly measured at right angles
from the West line of said Quarter-Quarter; thence South 2043'00" East, 239,83 feet to a
point lying 20.00 feet Easterly measured at right angles from the West line of said
Quarter-Quarter; thence parallel with said West line South 00019'40" East, 366.22 feet to
the Northwesterly sideline of Parcel 3 described above, said point being in the arc of a
non-tangent 650.00 foot radius curve concave Southeasterly, a radial line to said point
bears North 53051'27" West; thence leaving said parallel line along said Northwesterly
sideline and the arc of said curve Southwesterly through a central angle of 3004'44" a
distance of 34.93 feet to an intersection with the West line of said Quarter-Quarter, a
radial line to said intersection bears North 56056'11" West; thence leaving said
Northwesterly sideline along said West line North 00019'40" West, 111.65 feet to an
intersection with the Northwesterly sideline of Midland Road as shown on said Map No.
6383; thence leaving said West line along said Northwesterly sideline South 18036'54"
West, 61.61 feet to the boundary of said Map No. 6383; thence leaving said
Northwesterly sideline along the boundary of said Map No. 6383 North 00019'40" West,
341.95 feet (Map No. 6383 = North 00040'10" West, 340.69 feet) to the Point of
Beginning.
1;.--:,,--' , (IJ. F~___ t'2.:.~?:~9
Francis W. Fitzpatrick L. S. 4539
License expires Sept. 30, 1998
this document were
This legal description and plat attached hereto
prepared by me or under my direction.
COMPANY
DESCRIPTION
TITLE CO.
REFERENCE
BY
REVISIONS
DATE
ORDER NO.
DATE
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PLAT TO ILLUSTRATE
LEGAL DESCRIPTION
,.
SHEET 2 OF 2 SHEETS
D DATA TABLE
NO. .6./BEARING RADIUS LENGTH
1 N1721'00"E 22.00'
2 .6.=15'50'11' 650' 179.68'
3 N7ZS9'OO" E 49.89'
4 N72'39'Oo"W 13.86'
5 N1721'OO"E 30.00'
6 N7Z39'00"W 26.14
7 N8g' 40'20" E 58.0S'
8 .6.=03'04'44" 650' 34.93'
9 N18'36'54"E 61.61 '
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PLAT TO ILLUSTRATE
LEGAL DESCRIPTION