Loading...
Grant of Easement Sewer Lines & Appurtenances 1994-0608750 RECORDING REQUESTED BY: 1638 ~~c " 1994-0608750 18-0CT-1994 09=05 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: 0, 00 HA ) ) ) ) AND WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) No transfer tax due ) 'fa)! Pi\~~~, 311 650ft I)./i CITY OF POWAY CITY CLERK CITY OF POWAY P,O, BOX 789 POWAY, CA 92064 y:- . , ,\', I iI, .. (This SDace for Recorder's Use) JID OOCUMBH 'JRAN$FER TAX till fEE GRANT OF EASEMENT (SEWER LINES & APPURTENANCES) Matt W, Sokach and Mary A, Sokach (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRA~TEE") its successors, or assigns, the following described easement for a right-of-way 20,00 feet in width, in, upon, over, under and across the landS described in Exhibit "A," 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 described in Exhibit "A" as GRANTEE may now or hereafter determine in its sole discretion without any additi~na1 ~~~ 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: The Westerly 380,08 feet of the Easterly 867,56 feet of the Northerly 361,48 feet of the Northeast Quarter of the Southeast Quarter of Section 1, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey, 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 Director of Engineering Services on an approved plan, GRANTOR, its heirs, 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 obtaining the prior written consent of GRANTEE, 1639 GRA~TEE may at any time increase its use of the easemellc, 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, 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, <:l T"tt, IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~ 0 ---day of SEP-rEtII\ RE"R , 1994, Matt~ch /!; xI~ M4tt:)/!ch Ll~ (Signatures must be notarized, Notary form attached,) [ This Is to certify t_at tile interest in real pfa~ r.lnveyed i by !tie deId or &rill! dated ~ - ~o .~'I 1l'1l/I1 1"1\..-1\ W. <;,0 MvL- Io-J... rn"v~ 1\, <;0\<..&.....1- tnthefJ!J 01 PowIIY, a political COfIIC)IIIion IftdfOr peramlfttal aaenc:y is bereby ICCtPt'd by the undersigned officer or aaent on be- ball of the CitJ Council pursuant to authority cenl8IT8CI by Resolution No. ].4 adopted on January 20, 1981 IQId the area. consents to recordation thereol by its dul, auIIorized officer. ,... '. -./ ,..,'-. ," ..,.- "';"";"-"', .,,' . Dated: I 'D:\\-~ '1 ! 1\)'Ci..1.-'>t.... 170' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 ~~:::f~~zr~ On~ 30/ /tfyq DATE personally appeared before me, ,1 NAME(S) OF SIGNER(S) OR -}Q proved to me on the basis of satisfactory evidence to be the persor@ whose nam~ ~ subscribed to the within instrument and ac- knowledged to me that ~ executed the same in i'li,,/II~ their authorized capacity~, and that by hi3/i'ier~ signatur~ on the instrument the person@, or the entity upon behalf of which the persont:SJ acted, executed the instrument. o (3CF36F1ally knOvvR 16 fflG ,- - - - - - - - - - - - - ~. ~., MARIE LOFTON ;; :;'>% COMM. # 1024766 ;!; ~ : :_ Notary P""" - CaNfamia !: . . SAN DIEGO COUNTY L :..~. ~~c~:.:~:"~~1:1~81 WITNESS my hand and official seal. ~~ SIGNA RE OF NOTA~ W~:; OPTIONAL Though lhe 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 DESCRIPTION OF ATTACHED DOCUMENT o INOIVIDUAl o CORPORATE OFFICER TITLE(S) )~";rF~ TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL -f.. NUMBER OF PAGES o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: ~~I 30 /yy~ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ~ SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 - : . ImEI~~~;~~~.~.,... . JOB NO. LEGAL DE.CRI~TION "0": BV DATE SHEET 1199 EXHIBIT "A" SEWER EASEMENT CHK'D. 9-29-94 1 of 1 An easement for the installation and maintenance of sewer mains and appurtenances over, under, along and across that portion of the Northeast Quarter of the 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: Commencing at the East Quarter Corner of said Section; thence along the East-West centerline of said Section North 88035'16" West, 602.84 feet to the True Point of Beginning; thence retracing along said centerline South 88035' 16" East, 20.21 feet; thence leaving said centerline South 6056'00" East, 3.46 feet to the beginning of a tangent 810.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 24053'32" a distance of 351.91 feet to a point in the arc of a 240.00 foot radius curve concave Southeasterly, a radial line to said point from said 240.00 foot radius curve bears North 62030'30" West; thence Southwesterly along the arc of said curve through a central angle of 2034'40" a distance of 10,80 feet to the South line of the North 361.48 feet of said Quarter- Quarter; thence along said South line North 88035' 16" West, 21.65 feet to a point in the arc of a non-tangent 260.00 foot radius curve concave Southeasterly, a radial line to said point bears North 66059'22" West; thence Northeasterly along the arc of said curve through a central angle of 4006'14" a distance of 18.62 feet to a point in the arc of a 790.00 foot radius curve concave Westerly, a radial line to said point from said 790.00 foot radius curve bears South 72009'32" East; thence Northerly along the arc of said curve through a central angle of 24046'28" a distance of 341.59 feet; thence tangent to said curve North 6056'00" West, 6.40 feet to the True Point of Beginning. This legal description and plat attached hereto and made a part of this document were prepared by me or under my direction. J~~ L>..l,-~L____?Ob_i. ~, 1994 Francis W. Fitzpatrick L S. 4539 ""''f;N[I'-, ." License expires Sept. 30, 1998 ~~).) \.. '~>"', ~ .-.\\\.\JAM 1-/" ".\\ C3" /'~c \- - ~ ~":' ..:.-, """-I c.:i :c- 1 :z: ls, 4539 =-' J , * ~ E:><P ~/ ; \\ J'.>.. >>q-3c<J6 "f./~,:'/I '1'/'" .~'\>,~ . ,-:,..?!, ~~\\ :~. SokachJ314-650-06 COMPANY DESCRIPTION TITLE co. REFERENCE ORDER NO. (DATE BY REVISIONS DATE N88".- 1 ff'W ,0,21' SEE DETAil - lEFT ~--- -- ~ N88"35'1 ff'W 602,84' 1702 N88"35'1 ff'W --1-20,2\' N06"56'00"W 3,46' \ \ I \ i>> . ~ "1 "! ~ ~ .,j- 110 I') I') II II ...J ...J N06"56'00"W 3,46' EAST/WEST e/l OF SECTION 1 0:: w f-....... O::o~ <( .:Jo::z uOwo '!-Zi= O(J)O::u '<(Ow I1.wu(J) NB:;O~o" E.lli)_ - T.P 0 B N06"56'00"W 6.40' DETAIL NO SCALE N E -J/-4 N88"35'1ff'W 21.65' I I I I I I I . I 1/ I I 10 I ; /P1 , "> ~ I~ Ii j't- ~ 'i7 ~ I / r' r' ~c -J/-4 SEe-nON J -r ~ -J 4 S ~ r) J'L 2 w~ o .,j- II . ~ ~~5 f?-..::.J'O/'" --N.l?og. ""<6Oi"""""Wf8J R",,~~"Yt[1JJ.. '\ 60=04'06'14" -_ R=260'l=18,62' A=02'34'4O" R=240' l= 1 0,80' S~B~J\;L N7..,. -~~<. ""81-(f'l:_W.{fJ) ................ ........~.y6'~ .~ ~ ~...'S: ~O.,. "66'S'- "16'~ <1(p "0",.. g~~ O~iJ'rL "~~ Wr.v........ W~ --r=-~0 ~ , t ._-~