Grant of Easement Sewer Purposes 1993-0193227
Recording Requested by and
when recorded mail to:
, 523
G~~ n 1993-0193227
30-MAR-1993 10=54 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: O. 00
HA
CITY CLERK
CITY OF POWAY
P.O. Box 789
Poway, CA 92704
\
Recording Fee: Exempt
(Government Code ~6I03)
:\
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GRANT OF EASEMENT
SEWER PURPOSES
Documentary Transfer Tax: Exempt (Revenue & Taxation Code ~11922)
Assessor's Parcel Number: 317-223-35 & 320-011-08
CF POW A Y, L TD., a California limited partnership (herein called "GRANTOR ") hereby
GRANTS to THE CITY OF POWAY, (hereinafter called "GRANTEE"), its, successors, or
assigns, the following described non-exclusive easement for a right of way (20.00 feet in width)
in, under and across the lands described below, to install, construct, reconstruct, replace, repair,
maintain, and use a sewer pipeline or pipelines, together with such fixtures and appurtenances
necessary for such use, 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 land,
without any additional compensation therefor.
The land encompassing this easement is situated in the City of Poway, County of San
Diego, State of California, and is more particularly described as follows:
SEE EXHIBIT A, attached hereto and made a part hereof
. ._'-_.._._._.~.~-_._----_.~-~-_._._~---~-----
-.
Au..PURPOII ACKNOWUDOMINT NO 209
State of ~-hv~ } CAPACITY CLAIMED BY SIGNER
County of S~ 'Di ~ o INDIVIDUAL(S)
1l!I CORPORATE fY'.l/k-e-?ru-.
On 6/zs/"I'? before me, L..1::, iU.~tL1<1l"'\ I ~o~ p.,.,bl; '-- OFFICER(S)
DATE , TITLE(S)
NAME, TITLE OF OFFICER - E.G., "JANE DOE, AY PUBLIC.
S1 Y7\.<-U., t U' o PARTNER(S)
personally appeared ,ii, o ATTORNEY-IN-FACT
NAME~NER(S) ,
M personally known to me - OR - 0 pre\'ea t9 me Qn th9 ba&ii 9f satisfaeter:y eviel~nce o TRUSTEE(S)
to be the person\S} whose name(~ is/aFe o SUBSCRIBING WITNESS
subscribed to the within instrument and ac- o GuARDIAN/CONSERVATOR
'Q l.E. RICHARDSON I knowledged to me that he/sRe,the) executed o OTHER:
- . cm.IM, . 971242 ." the same in his/~a,/lI11::iT authorized
fa" In>. NOTARY PUBLIC-CALIFORNIA El capacity(ieaf, and that by his!1 'c, ill,,,h
~ , SAN DlLO COUNTY -
I ~ My Comm, E!p, _Aug, 14. 1996 I signature(.sj on the instrument the person()l,
orthe entity upon behalf of which the perso~ SIGNER IS REPRESENTING:
acted. executed the instrument NAME OF PERSON(S) OR ENTITY{IES)
Witness my hand and official seal.
~
SIGNATURE OF NOTARY
ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document G ra-.<:t- of c;ase-m.eM- s~ l'lArpaS"~
MUST BE ATTACHED Number of Pages .:+ Date of Document 312..~ 1"13
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s} Other Than Named Above
e 1991 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave. . P.O. Box 7184. Canoga Park, CA 91304-7184
--.l
525
IN WITNESS WHEREOF, the GRANTOR, has executed this Easement.
Dated: ~ 2.4 I 1"t'7~
CF POWAY. LTD. a limited partnership
By: C.F. Pomer
BY:
~
BY:
Partner
! 524
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.
GRANTOR agrees that no other easement or easements shall be granted on, under, or
over this easement without prior written notice to 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 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 herein or beyond the Creek Road sewer use contemplated at the
granting of this easement.
Its is also understood and agreed by the parties that the GRANTOR and the GRANTOR's
heirs, successors, and assign, shall not increase or decrease or permit to be increased or .
decreased the existing ground elevation of the herein described which exists at the time this
document is executed without prior written notice to 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 bought to enforce of interpret the
provision or performance of this easement, the prevailing party shall be entitled to an award of
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.
EXHIBIT A
LEGAL DESCRIPTION
527
PARCEL A
That portion of Lot 51 of City of Poway Tract Map 85-04 Unit 1, in the City of Poway, County
of San Diego, State of California, as shown on Map No. 11742 filed in the Office of the County
Recorder of said County, included within a strip of land 20.00 feet wide lying 10.00 feet on each
side of the following described centerline:
Beginning at an angle point in the Westerly line of said Lot 51, said point being the Westerly
tenninus of that certain course shown as "N 70031 '09" W 190.84'" on said map;
Thence South 46040'48" West along said Westerly line a distance of 72.73 feet to the TRUE
POINT OF BEGINNING;
Thence leaving said Westerly line South 41013'20" East a distance of 9.48 feet;
Thence South 68032'44" East a distance of 64.00 feet;
Thence South 53002'24" East a distance of 68.75 feet to a point on the Northerly line of the land
conveyed to the Poway Redevelopment Agency by deed recorded May 31,1991 as Document No.
91-0255604 of Official Records in the Office of said County Recorder, said point hereinafter
referred to as "Point A", said point also being the tenninus of this line description.
The side lines of hereinabove described strip shall be lengthened or shortened to tenninate
Northwesterly in said Westerly line of Lot 51, and Southeasterly in said Northerly line of Poway
Redevelopment land.
Containing 2820 sq. ft., more or less.
p ARCEI. ~
That portion of Lot 51 of City of Poway Tract Map 85-04 Unit 1, in the City of Poway, County
of San Diego, State of California, as shown on Map No. 11742 filed in the Office of the County
Recorder of said County, included within a strip of land 20.00 feet wide lying 10.00 feet on each
side of the following described centerline:
Beginning at "Point A" hereinabove described in Parcel A;
Thence South 53002'24" East a distance of 113.25 feet;
Thence South 77034'06" East a distance of 37.47 feet to a point on the Easterly line of the land
conveyed to the Poway Redevelopment Agency by deed recorded May 31, 1991 s Document No.
91-0255604 of Official Records in the Office of said County Recorder, said poiJ;lt being the TRUE
POINT OF BEGINNING;
Thence South 77034'06" East a distance of 128.53 feet;
CF Poway Ltd.
Page 1 of 2
: 528
Thence South 61022'41" East a distance of 158.81 feet to a point on the Northwesterly right of
way line of South Poway Parkway as described in deed recorded November 15, 1988 as document
No. 88-587247 of Official Records in the Office of said County Recorder, said point hereinafter
referred to as "Point B", said also being the terminus of this line description.
The side lines of hereinabove described strip shall be lengthened or shortened to tenninate
Northwesterly in said Easterly line of Poway Redevelopment land, and Southeasterly in said
Northwesterly right of way line of South Poway Parkway.
Containing 5670 sq. ft., mOre or less.
PARCEL C
That portion of Parcel 2' of Parcel Map 89-11, in the City of Poway, County of San Diego, Sate
of California as shown on Parcel Map No. 15915 filed in the Office of the County Recorder of
said County, included within a strip ofland 20.00 feet wide lying 10.00 feet on each side of the
following described centerline:
Beginning at "Point B" hereinabove described in Parcel B;
Thence South 61022'41" East a distance of211.10 feet to the Westerly line of said Parce12 and
THE TRUE POINT OF BEGINNING;
Thence South 61022'41" East a distance of 145.09 feet;
Thence South 89003'54" East a distance of 76.00 feet;
Thence South 41051'16" East a distance of 405.37 feet;
Thence South 00016'24" East a distance of 22S .63 feet to the Northerly right of way line of Creek
Road (60.00 feet wide), as shown on said map, said point being the terminus of this line
description.
The side lines of hereinabove described strip shall be lengthened or shortened to terminate
Northwesterly in said Westerly line of Parcel 2, and Southeasterly in said Northwesterly line of
Creek Road.
Containing 12,860 sq. ft., more or less.
Attached hereto and made a part of this legal description is a plat designated Exhibit B.
LQ.~
Eric A. NeIson
P.L.S.5563
CF Poway Lid
Page 2 of2
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