Grant of Easement Drainage 1992-0492513
RECORDING REQUESTED BY: ) 1994 DC- " 1992-0492513
) 06-AUG-1992 10:15 AM
,CITY OF POWAY ) OFFICIAL RECORDS
)
AND WHEN RECORDED MAIL TO: ) SAH DIEGO COUHTY RECORDER'S OFFICE
) ~ i AHHETTE EVAHS, COUHTY RECOROER
CITY CLERK ), FEES' 0,00
CITY OF POWA Y ) . HA
P.O. BOX 789 ) \ ' \
POWAY, CA 92064 ) "
) This space for Recorder's use
This document affects APN 278-170-16
GRANT OF EASEMENT
(DRAINAGE) ~
lIOCUMENTARYTRANSfER TAX ...,'-~
Sigma Capital Corporation (hereinafter "GRANTOR") hereby grants to CITY OF
POWAY (hereinafter "GRANTEE") its successors, or assigns, the following
described easement for a right-of-way 20-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 pur-
poses, together with such fixtures and appurtenances, 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 addi-
tional 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 right-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:_
That portion of the Easterly half of the Northerly half of Lot 1
in Section 31, Township 13 South, Range 1 West, San Bernardino
Meridian, in the City of Poway, County of San Diego, State of
California, according to United States Government Survey.
Said easement of right-of-way in the aforesaid lands is particularly described
as follows:
(See Attached Legal Description Parcel B,
Plat Titled Exhibits "A" and "B", Respectively)
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 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, it 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.
~-~----_._----_....
1395
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 W~SS WHEREOF,
of a.-u
I
the GRANTOR has executed this easement this
, 19~.
';;<D 71} day
Sigma Capital Corporation,
A?jj~
This is III certily ~Il the intereSt in real propertY conveyed
by the deed 01 arent dated t; ->O-'!1.IrG'" 'Si 1 .......
~Ik-..\ e....,..1'. . totheCi'i
of Poway a political corporatIOn and/or gllvernmental agency
is herebY' occepted by the unde~igned officer. or agent on be-
half of the City Council pursuant to euthonty confBlred by
Resolution No. 34 adopted on Januarj 20. 1981 and the
gnntee consents to recordation thereof by itS duly authonzed
ollicel.
Dated: ~ -';;-4 ~
~~Uk
, TVIJAJ> ti..-
-----,-"..._.,------,.._-------_.._~._._".'"_....._--'"-,---~-
1996
STATE OF..............................,..,....,..
County U)(..... ....... ........ ........... ............
} 58
PARTNERSHIP FOR~I
On thi s~.............. day of.................... _..... .A. D.. 19...... ,before me........._... .... ........-............-...............-.......-.. .--
s Notary Public in and for the said County and State. residing therein, duly commissioned and sworn. personally appeared......
.............................................~...................................... known to me to be one of the partners of the partnership that
executed the within instrument. and acknowledged to me that such partnership executed the same.
In Witness IDfJrrrOr.1 have hereunto set my hand and affixed my offieial seal the day and year in this certificate tirst
above written.
..................................................................................
Notary Public in end for said County and State.
GENERAL FOml
STATE OF.,.......................................
Count.yof...........................................
} S8
On t.his....................day of..............................A.D.. 19....... before me...............................................................
a Not.arr Public in and for the said County and St.ate. residing therein, duly commissioned and sworn, personalty appeared......
.....................................................................................................................................................................
personally known to me to be the person......whose name............................subscribcd to the withi.n Instrument, and duly
acknowledged to me that..........he..........executed the same.
3111 lVitnrss 11J~rrrof. 1 have hereunto set my hand and affixed my official seal tJle day and year in this certificate first
above written.
..................................................................................
Notary Public in and for said County and State.
CORPORATIO:-.l FOR~I
1 .
STATE OF!.1,4.~~-:.P.k:... }
countyo~~~~.. 5S
On thi..~.,~d8Y Of~f~........A'D.. lS~ befo.. m.&:/.~1?~~-:t...-..............,
~t~.J:!.I~,~.~~~.~~'7!i!.,~.l.~~~...:.~:~.~:~.~.~.~:~.i~:. ~,:o::~:' :~o:e:e ~:e:~.~~~.~:~.~~.~~~~.~~~~;:~;~~~.;
and........."/'f"..,....~Z..L.......;..... ..7.......~...................... ................. known to me to be the...........=................Secretary
~:eth~~~:~:'.~~::~:.~~~:~.~';~;~~;~~.~~.~;;~.i~.;~~:~.~~~..~~.
behalf of the Corporation therein named. and acknowledged to me that such Corporation executed the some.
1Jn Witnrss l1JlJrr(of. 1 have hereunto set my hand and affixed my official seal the day and year In this certificate first
above wri.tten.
.
~#L/~..,---"...
",olnry ~1 ic 1n end for SOld Counly and Stnte.
..l8lcdm
.lIlIM. &pins IIW. 24. 1Ii5
"
1997
EXHIBIT "A"
LEGAL DESCRIPTION
FOR STREET DEDICATION AND DRAINAGE EASEMENT
FOR LAKE POWAY ROAD
PARCEL A -STREET DEDICATION
That portion of the Easterly Half of the Northerly Half of Lot 1,
in section 31, Township 13 South, Range 1 west, San Bernardino
Meridian, in the City of Poway, County of San Diego, State of
california, according to united States Government Survey, lying
within a strip of land 60.00 feet wide, the centerline of said
strip being described as follows:
Commencing at the Northwesterly corner of the city of poway Tract
No. 4093-R, as shown and delineated on Map No. 11396, recorded in
the Office of the county Recorder of said County on December
19,1985 as file no. 85-478802, being also the Northeasterly corner
of said Lot 1, also being the Northwesterly corner of Lot A of said
Tract; thence along the Westerly line of said Tract and the
Easterly line of said Lot 1 South 0050'14" East 277.33 feet to an
intersection with the centerline of "Lake poway Road" as shown on
said Map No. 11396, being also a point on the arc of a non-tangent
500.00 foot radius curve, concave southeasterly, a radial line to
said point bears North 21029'26" West, being the TRUE POINT OF
BEGINNING of the herein described centerline; thence leaving said
Westerly line southwesterly and southerly along the arc of said
non-tangent curve through a central angle of 51043'55", a distance
of 451.45 feet to point "X" of this description; thence continuing
Southerly along the arc of said 500 foot radius curve through a
central angle of 6016'44", a distance of 54.79 feet more or less
to a point on the Southerly line of said Northerly Half of Lot 1,
distant thereon North 89012'59" West (North 89059'01" East record
per Record of Survey No. 3777, recorded on November 23,1955 in said
Office of the County Recorder as file No. 154222) 314.10 feet more
or less from the Southeasterly corner thereof, a radial line to
said point bears North 79030'05" West; thence continuing along said
centerline Southerly along the arc of said 500 foot radius curve
through a central angle of 10033'43", a distance of 92.17 feet;
thence tangent to said curve South 0003'49" East 452.14 feet to the
beginning of a tangent 500.00 foot radius curve, concave Westerly;
thence Southerly along the arc of said curve through a central
angle of 13008'42", a distance of 114.71 feet to a point on the
Southerly line of said Lot 1, distant thereon North 89035'08" West
344.66 feet (North 89037'53" East 344.78 feet record per city of
poway Tract No. 3545 according to Map thereof No. 10432, recorded
in said Office of the County Recorder on July 15,1982 as File No.
82-217760) from the Southeasterly corner thereof, a radial line to
said point bears South 76055'07" East (South 77041'52" East record
per said Map No. 10432); said point being shown on said map as the
intersection with the centerline of "Midland Road" which has
subsequently been renamed "Lake poway Road".
.
1)98
Gary .~.tW....
4-/b/12-
Date
The sidelines of said 60.00 foot strip shall be prolonged and/or
shortened to terminate Northeasterly in said Easterly line of Lot
1, and Southerly in said Southerly line of the Northerly Half of
Lot 1.
PARCEL B - DRAINAGE EASEMENT
That portion of the Easterly Half of the Northerly Half of Lot 1,
in section 31, Township 13 South, Range 1 West, San Bernardino
Mer idian, in the City of Poway, County of San Diego, State of
California, according to united States Government Survey, lying
within a strip of land 20.00 feet wide, the centerline of said
strip being described as follows:
Beginnin~ at point "X" herein above described in Parcel Ai thence
North 85 46'05" East 114.60 feet to the Easterly terminus of said
stripi and South 85046'05" West 60.01 feet to the Westerly terminus
of said strip of land.
EXCEPTING therefrom that portion thereof lying within the above
described Parcel A.
0895STREE.LGL
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LEGENp "
j 999
~ASEMENT PLA T
EXHIBIT "B"
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l./NE a.47A
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