Grant of Easement Drainage 1992-0492502
'~ECORD I NG REQUESTED BY:
CITY OF POWAY
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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278-170-04
1969
DOC " 1992-0492502
06-AUG-1992 10:13 AM
DFFICIAL RECORDS
SAH DIEGO CDUHTY RECORDER'S DFFICE
AHHETTE EVAHS, CDUHTY RECORDER
FEES: O. 00
space for Recorder's use ~A
AND WHEN RECORDED MAIL TO:
This document affects APN
DOCUMENTARY TRANSfIR TAX .._;.~ M
GRANT OF EASEMENT
(DRAINAGE)
Gregory M. Gazda and Ruth E. Gazda (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 330.00-feet of the Southeast quarter
Lot I, 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.
1970
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.
~~ C? -n;
IN WITNESS WHEREOF, the GRANTOR has executed this easement this ~,b day
of J?':'AV , 19~.
,
Gregory M. Gazda and Ruth E. Gazda
c;~7Itaqc:X(~
~ ~~~L
This is to certify t~at the intemt in rill property co"""d
by the deed Mlran! datedS-;l.~-'i~ Gv-e~ov-'1 n,.
(Dc.. 1...:0 Po 11 'K..rn\ t'. G 1'1.-1> F\ to the C411
of Poway, a political corporation and/or guvernmcntal agency
is hereby accepted by the "nce,,;gned officer or agent on 00-
haH of the City Ccuncil pursuant to authortty conferred by
Rew:ut;cn No. 34 adopted on January 20. 1981 and the
Er::r,ti!2 consents to recordation thereof by its duly authorized
cfiicer.
Datad: ~ - S -'\ J..
e,
1V~-1:4..
1971
STATE OF.................,..,....................
C.ounty of... ,. ....... ..................... ..........
} s.
PARTNERSHIP FOR~l
On lhi s.... .... .......dsy of.........__.............. ..A. D.. 19.......before me,............ .n............................ ..................... h.
e Notary Public in and for' the said County Bnd Slate. residing therein, duly commissioned and sworn, personally appeared......
............................................."...........:.......................... kno\Vt1 to me to be one oC the partners of the partnership that
executed the within instrument. and acknowledged to me that such partnership executed the same.
J11 Witness Worrtof. 1 have hereunto set my hand and affixed my official seal the day and year in this certificate lirst
above written.
Notary Public in and for said County and State.
GENERAL FORM
~~~;;~ ~:.::::~Jf.:p.~I~Q~::::::::::::: } ss
On lhi..........?~~.~..day of......~.~.................A.D.. 19..?~. before me....~.~~~.~.~!9.~~~................................
a Notary Public in and for the said County and State. residing therein. duly commissioned and sworn, personally appeared......
. GREGORY M. GAZDA & RUTH E. GAZDA
.....................................................................................................................................................................
personally known to me to be the person.Rmwhose name~..~.~~.................subscribcd to the withm Instrument, and duly
acknowledged to me that..m...:t.he.Y.......executed the same.
l1n lVilnrSS llitJrrroC.1 have hereunto set my hand and affixed my official seal t..11e day and year in this certificate first
above written.
ELISE WARD
COMM.//841208
~'JOTARY PUBLIC. CALIFORNIA
SAN OIEGO COUNTY
My Comm"'~ EJap.Aog. 111. Il1ll11
-t~)if~
ELISE WARD
..................................................................................
~otary Public in and for said County and Slate.
CORPORATIO:\' FOR~1
STATE OF,...........,..,....,.......,............ }
County or........................................... 59
On this....__..............day of..........................__..A.D.. 19....... before me........... ..... .............................................
a Notary Public in and for the said County and State. residing therein. duly cOl:lmissioned and sworn, personally appeared.......
........ .................. ... ......... ........ .... ..... ..... ......... .... ....... .............. .Kno.....n to me t..o be the. .......... ........ .......... Pre sident
and. ............................ ..... .... ................... ............... ............. ..... knoW'll to me La be the............ .......... ........Secrctary
of the................................................................................................................................... ........... .................
the Corporation t..'1at executed the within Instrument. known to me to be the persons who executed the within [nstrument. on
behalf of the Corporation therein named. and acknowledged lo me that such Corporation executed tho same.
1111 lVitnrs5 illlJrrror. l have hereunto set my hand and affixed my official seal the day and year in this certificale first
above written.
..................................................................................
:--"otnry Public 10 und ror SOld County and Stnte.
1972
EXHIBIT "A"
LEGAL DESCRIPTION
FOR STREET DEDICATION AND DRAINAGE EASEMENT
FOR LAKE POWAY ROAD
PARCEL A -STREET DEDICATION
That portion of the Easterly 330.00 feet of the Southeast Quarter
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, thence leaving said
Westerly line Southwesterly and Southerly along the arc of said
non-tangent curve through a central angle of 58000'39", a distance
of 506.24 feet more or less to a point on the Northerly line of
said Southeast Quarter 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 Northeasterly
corner thereof, a radial line to said point bears North 79030'05"
West, being the TRUE POINT OF BEGINNING of the herein described
centerline; 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 276.34, to point "Y" of this description;
thence continuing South 0003'49" East 175.80 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
1003'47", a distance of 9.28 feet more or less to a point on the
Westerly line of said Easterly 330.00 feet of the Southeast Quarter
of Lot 1; thence continuing Southerly along said 500.00 foot radius
curve through a central angle of 12004'55", a distance of 105.43
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
1973
renamed "Lake poway Road".
The sidelines of said 60.00 foot strip shall be prolonged and/or
shortened to terminate Northerly in said Northerly line of the
Southeast Quarter of Lot 1, and Southerly in said Southerly line
of Lot 1.
PARCEL B -DRAINAGE EASEMENT
That portion of the Easterly 330.00 feet of the Southeast Quarter
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 20.00 feet wide, the centerline of
said strip being described as follows:
Beginnin<,j' at point "Y" herein above described in Parcel Ai thence
North 88 06'13" East 183.54 feet to the terminus of said strip of
land.
EXCEPTING therefrom that portion thereof lying within the above
described Parcel A.
LS 4458
4/~/'12..
Date
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0895STREE.LGL
LEGEND
'ASEMENT PLAT ~974
EXHIBIT "B"
~ " " ~ 8TRRRT DRDZCATZOH GRANTED HERBWZTH - PARCEL A
r / / /1 DRAINACJR IlASIIIIRIIT CJRlUlTBD HBRBlfITH - PARCBL B
L.INE DATA
tJe4R//YG
I NO".5lJ' 1<1" IV
2 /Y 21" i'!I' Z6" W (IC)
8 N69"12'4.9"W 3/~JO'
JI /I?9.~0'05'JV (Ii?)
s /l0"0!J'~9" IV 2?6.3~'
6 #0"03'-19" W /75.80'
7 Al8.9" ~5'00' W .!J~4. 66'
B Al7G",55'07'W(it)
9 /Y85"44i'OS"c
#85"<16'05" e-
1/ /I&1"OG'I.9" E
IZ #40"06' I.r c
0/5T.
Z77.33'
//4. 60'
60.01'
/83.54='
350M-'
CUIlVE DATA-.e-600'
CENTR-'lL -'lNGL.E tJ/sr.
51" <13 '5S" 451. 45'
6"'16'44' 54.79'
10.~'~3u 82.17'
l"'03'4?" 9.28'
I?M'S5' 1050 4.3'
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..p Escondldo, CaliFornIa 9201'
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