Grant of Easement Traffic Control Devices & Appurtenances 1991-0599256
2312
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20-NOV-1991 08:26 ~M
RECORDING REQUESTED BY:
OFFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S ['FICe
ANNET,E EVANS, COUNTY RECOROER
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WHEN RECORDED MAIL TO:
City Clerk
CITY OF POWAY
P.O. Box 789
Poway; California 92064
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Documentary Transfer Tax -0-
Title Order No.
GRANT OF EASEMENT
TRAFFIC CONTROL DEVICES & APPURTENANCES
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Tax Parcel No.
317-130-44
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VMS National Prooerties. an Illinois General Partnershio
(hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors, or
assigns the following described easement for right-Qf-way 20,00 feet in width, in, upon, over, under and across the
lands described below, to erect, construct, reconstruct, replace, repair, maintain, and use an electrical line or
electrical lines for any and all purposes, together with such fixtures and appurtenances, including, but not limited to,
facilities for traffic control purposes, at such locations and elevations, upon. along, over and under the right-Qf-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-Qf-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:
See attached Exhibit "A" and Exhibit "B".
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 the GRANTEE,
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Page Two
2313
GRANTEE agrees to repair promptly any damage to GRANTOR'S adjacent property caused
bi GRANTEE or lts contractors or agents in constructing, reconstructing, replacing,
repniring, maintaining or using an electrical line(s) together with such fixtures
and appurtenances for traffic control purposes.
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~f-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 of 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,
This is to certi" t~at the inlllmt in real pfOt)elly COiIVly8d
by the deed or &nnl datM \ \ - ~ -1 t 1rl)II' V rn s
,'iJo...-ri",---, PYIlw-he\ In the City
01 poway . poIiticII CO/IIOIIlion and/or lDftlIIImentel.....cy
is hereby' accepted by the undeniped officer or _ IIIl be-
half 01 lite CilJ Counc" pursuent to authority conllllTllllIJ
Resolutian No. 34 edopted on JanUIIJ ZO. 1981 aIM!. tile
ara_ QIIISIIIIs III ~ tIInll by ill dIlIr .Il<...iIId
officer.
day of
,19_,
IN WITNESS WHEREOF, the GRANTOR has executed this Eas
A-U'7J.1oA?12~t::. 51t;NA7o~Y
ACKNOWLEDGEMENT
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
SWORN TO AND $UBSCRIBED BEFORE ME, this 8th day of November 1991.
,_.
"OrrIC1AL SEAL"
PEG3Y A. W,\LDING
Net ,ry P,blic, State of Illinois
';y ';ommis:>lon Expires Jan. 19, 1994
W:\CIVlL\WALMART\LEGALS\44.83200.JMF
My commission expires: '/~~
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EXHIBIT" A "
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1675, IN THE CITY OF POW A Y, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, BEING A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF MIDLAND ROAD AS SHOWN ON SAID PARCEL MAP NO. 1675, THENCE
SOUTH 3017'41" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY LINE OF
SAID PARCEL 1 A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 86042'19" EAST A DISTANCE OF 30.00 FEET;
THENCE SOUTH 3017'41" WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 86042'19" WEST A DISTANCE OF 30.00 FEET;
THENCE NORTH 3017'41" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0,014 ACRES
Howard W. Fleming. Jr
R.C.E. 33001
t$,/- '71
Date
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EXHIBIT "/1"
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LEGEND
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NOO4TES 7RNF1C CONTROl.
FASEMENT ACQUIRED
BASIS OF BEARINGS
THE BASIS OF' IJE"ARIN(;S RJR
. THIS MAMIVG IS THE ItfST liNE
OF' P.M. 1675. I.E. N .1'17'41. E
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PLANNING DESIGN CONSULTATION