Grant of Easement Drainage 1994-0474010
: .
RECORDING REQUESTED BY: )
)
CITY OF POWAY )
)
AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
APN 273-911-44
1239
r~c " 1994-0474010
OL-AUG-1994 09=07 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: 0.00
This space for Recorder's use
No Documentary Transfer Tax
THIS DOCUMENT SUPERSEDES DOCUMENT NO. 1994-.0146571
GRAlIT OF EASEMENT
DRAINAGE
EDWARD JOSEPH VALENZUELA AND MARY ANN VALENZUELA, HUSBAND AND WIFE, AND
SOPHIE A. GEDEIKA, A SINGLE WOMAN. ALL AS JOINT PARTNERS.
No Fee
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE")
its successors, or assigns, the following described easement for right-of-way
ID-feet in width, in, upon, over, under, and across the lands described below,
to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline
or pipelines for:any and all purposes, together with such fixtures and appur-
tenances, 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:
LOT 43 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC-
CORDING TO THE MAP THEREOF NO. 12683 FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY, AUGUST 14, 1990
Said easement of right-of-way in the aforesaid lands is particularly described
as foi Jows:
SEE ATTACHED LEGAL DESCRIPTION AND PLAT MADE A PART HEREIN
GRANTOR, it heirs, successors and assigns shall not erEct or construct or per-
mit to be erected or constructed any building, structure or improvement or
plant any other vegetation or flora within said easement without tne express
written approval of the City of Poway as evidenced by the signature of the
Director of Engineering Services on an approved plan. GRANTOR, its heirs, suc-
cessors and assigns shall not dig or drill any hole or wells on any portion of
the easement.
GRANTOR 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
F-DRAINAGJ
.1240
remove any trees, brc .1, or other vegeta t i on or fl ora ,rom 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 addi-
tional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, pro-
vided 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 per-
mit 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 pre-
siding 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 ~ITNESS ~HEREOF, the GRANTOR has executed this easement this
of , 19.1r.
This is 10 certify tkat t:,e inleresl in re.1 f:,:,oili ~:~'.';)c1
,ad E' .tw...,.t 'S.,,,!, I-
by the de8d 01 crant dated 1-.. - ,.., frolJl
V...(e~"'~e.(.., rn....., Ah"'~I""'L"e""""'\..lhee''',
"5oi'I-.' t. PI. G","'"" "',u ....,
of PowBY, a poIiti2t corr-oration and/Or &QYeI1Imental agency
is hereby accepted by the undersilne~ officer 01 avnt on be-
half of Ihe City Cocncil ~orsuant io authority conferred by
Rcsoiution NJ. 34 adopti.d on January 20, 1981 and the
graRtee consents to record3ticn thereof by its duly authonzed
officer.
Dated: '1-d-l.-"ivj
RY) [IJI.:.. ~ J lJtu.>..L
F -DRAI N.A.G2
tt>..w...
day
~/v~~/rfj./ J/4</A-
EDWARD JOS H VA NZUELA
~L ~...L
MARY ANN VALENZUEL
~ .tf ,LL
S~A. GEDEIKA
1241
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
PARCEL
A STRIP OF LAND 6.00 FEET IN WIDTH, LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 43 BEING lliE POINT OF
BEGINNING; lliENCE ALONG lliE WESTERLY LINE OF SAID LOT 43 SOUTH 19052'10" WEST, 3.17
FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE LEAVING SAID
WESTERLY LINE OF LOT 43 AND ALONG A LINE LYING 3.00 FEET SOUTHERLY AND PARALLEL
OF THE NORTHERLY LINE OF SAID LOT 43 SOUTH 88039'17' EAST, 134.58 FEET TO THE BEGIN-
NING OF A TANGENT 23.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTH-
ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56039'17", A DIS-
TANCE OF 22.74 FEET; THENCE SOUlli 32000'00" EAST 19.70 FEET TO A POINT ON THE NORTH-
ERLY RIGHT OF WAY LINE OF THAT CERTAIN 73.00 FOOT RADIUS KNUCKLE BETWEEN VALE-
WOOD ROAD AND VALEWOOD COURT A RADIAL TO SAID POINT BEARS NORTH 50050'07" WEST
AND ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 6.00 FOOT STRIP OF LAND SHALL BE PROLONGED AND/OR SHORTENED
SO AS TO BEGIN IN SAID WESTERLY LINE OF SAID LOT 43 AND END IN SAID NORTHERLY RIGHT
OF WAY LINE OF SAID KNUCKLE.
SAID STRIP OF LAND CONTAINS 1,062.29 SQUARE FEET MORE OR LESS.
EXHIBIT" A" IS HEREIN ATTACHED AND MADE A PART OF lliE ABOVE DESCRIBED PARCEL.
1
18.76'
N00'23'32"E
6=33'33'26'
R_41.00'
L-24.01'
I
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WATER EASEMENT
GRANTED PER
MAP 12683
5' PEDESTRIAN
ACCESS EASEME T
GRANTED PER
MAP 12683
6 _84'47'05'
R-73.00'
L=108.0.~
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6 _56'39'17'
R-23.00'
L=22,74'
43
FL oF' EL 50B3
A = 146'25'2f
R-73.00
=186.56'
6-61'38'23'
R= 73,00'
L=78.54'
1242
SUBDIVISION BOUNDARY
--
--
44
V ALEWOOD ROAD
cJTV oF' POW A v
-rFJAC-r MAP -J2583
~
,
f8
~ ~ 42
m -
z
NI9'52'10'E
34.43' :"#I
~'O'Q4"~
7'2..86'
P,O,B,
NI9'52'10'E
37.60'
3/}
33
PROJECT NAME:
LOT 43: DRAINAGE EASEMENT
~ -=-=-
GRAPHIC SCALE
40 0 40
~ 1-1
1 INCH = 40 FT.
EXHIBIT
A
DUDEK and ASSOCIATES, CO., INC. 605 THIRD STREET ENCINITAS, CA 92024
77308ESD
1243
'CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
before me, Slb..~~TITl~~~S~~~N~~~~jUB~b\ (i..
County of
On -:J l^. I
personally appeared
NAME(S) OF SIG R(S)
. 0 personally known to me - OR - 1tJ proved to me on the basis of satisfactory evidence
to be the person(s} whose name(s) ffl/are
subscribed to the within instrument and ac-
knowledged to me that .Re/she/they executed
the same in -l.i3/i'ier/their authorized
capacity(ies), and that by 1.:~:L,ttheir
signature(s} on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
r. - - - - .~A~:a:~- - -f
$ @.,.,,;COMM'#8Q32011
!. Notary NIle - Call1omIa ,.
SAN DIEGO COUNIV -
J~ _ _ _~<:,",:",~"_U:26;'~J
WITNESS my hand and official seal.
~() ~~
/ - SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by iaw, it may prove vaiuable 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 OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY{IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184