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Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0425705 RECORDING REQUEST~_ BY: MASSON & ASSOCIATES, INC. 311 E. WASHINGTON AVE. ESCONDIDO, CA 92025 ) ) ) ) ) ) ) ) ) ) ) ) NO 77 ~~c U 1991-0425705 20-AUG-1991 09:09 A~ OFFICIAL RECORDS SAN OIEGO COUNTY RECDROER'S OfFICE AHNETTE EVAHS, COUHTY RECORDER FEES: 0.00 NA AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 Title Order No. This space for Recorder#s use DOCUMENT TRANSFER TAX NO FEE Tax Parcel No. 275-700-25 GRANT OF EASEMENT (WATER AND/OR SEWER LINES & APPURTENANCES) RICHARD J. LAREAU and VICTORY G. LAREAU, husband and wife as ;oint tenants (hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (herein- after "GRANTEE"), its successors, or assigns, the following described easement for a right-of-way xxxxxxxxxxxxxxxxxxxxxxx, 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 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 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-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: ALL THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WITHIN LAND DESCRIBED IN DEED TO RICHARD J, LAREAU AND VICTORY G. LAREAU RECORDED JUNE 21, 1979 AS FILE/PAGE NO. 79-257717 OF OFFICIAL RECORDS. 78 - Said easement 0_ right of way in the aforesaia .lands is particularly described as follows: SEE ATTACHED EXHIBIT . A. GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, nor shall GRANTOR, its heirs, successors, or assigns, plant any tree or trees or plant any other vegitation or flora, nor dig or drill any hole or wells on any portion of the easement. GRANTEE may, in its Bole discretion, erect, maintain, or use gates in all fences which now cross or later cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegitation or flora from time to time as GRANTEE determines in its sole discretion without any further compensation. GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the public as GRANTEE may determine in its sole discretion without paying any further compensation to GRANTOR or GRANTOR's heirs, successors or assigns, therefor. 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 its 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 Bole 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 GRANTOR and the GRANTOR's heirs, successors, or assigns, shall not increase or decrease or permit to be increased or decreased the existing ground elevation 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 proceding, administrative proceding or litigation in law or in equity, including any action for declatory 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. In w~s Whereof, the GRANTOR has day of run IA., 19 '10 . executed This is to certify that the interest in real property conveyed by the deed or grant datedJ/~;}.I.-ql) from I2J~.lut.,.'/-:r: I;;,ro.llll '<I- lJ.m~~ "-La ~04f! to tha City o poway, a po t1 ~ corporat on and/or governmental agency 1s hereby accepted by the undersigned officer or agent on be- half of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981 and the grantee consents to recordation thereof by its duly authorized officer. Datad: 1-'1",I.,$'; /9t?/ By'il'f~i, 1u(A~'7Iy~~i (General) i 79 ;;TATE OF CAUro } SS me. the undersigned, a Notary Public in and for said State. " . " , " " . < >- w to Iw till" rwr<,nn ~ whose name Il' tilt' within in<,trument and acknowledgpd t'Xt'c\I\pd thp t'. n to me (or proved to me on the basis of satisfactory evidence) subscribed th,,--'f1Ie V ~ I @ D""CIAL SEAL POLLY A. CARROLL . Notary Pubtic - California SAN CIEGO COUNTY My C__.... 23, , WIT;\lES. Signature '(b1L-Y Name OFC-2056 .CA/iC .<!.t:?L.-/' (Typt'c1 or Printed) (Thllareaforoflleial notarial leall JiO EXHIBIT "A" ALL THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LAND DESCRIBED UNDER PARCEL 1 IN DEED TO RICHARD J. LAREAU AND VICTORY G. LAREAU, RECORDED JUNE 21, 1979 AS FILE/PAGE NO. 79-257717 OF OFFICIAL RECORDS; THENCE, ALONG THE WESTERLY LINE OF SAID LAREAU LAND, NORTH 4017'02" WEST (NORTH 4013'00" WEST PER SAID DEED), 6.01 FEET TO A POINT ON THE ARC OF A NON-TANGENT 210.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 19008'01" EAST; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 14 ' 48 ", A D I STANCE OF 4. 57 FEET; THENCE, TANGENT TO SAID CURVE, SOUTH 69037'11" EAST, 9.94 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LAREAU LAND; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 85042'58" WEST (SOUTH 85047'00" WEST PER SAID DEED), 13,20 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND THE PLAT (EXHIBIT "B"), ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY ME OR UNDER MY DIRECTION. ~"-A~- .,c;b.#!t.-z" 9-//-9t'J ~:ilR.E;CE H. MOORE, L.S. 5486 EXPIRES: 9/30/92 ,- 81 \3) \ \ n.o..s 703~ ~ 10.cti) I \U ~ \\\', ''00\\ (N10'5~1 t~"o~': fOO.l9') ~:/a' 7Y~ LO-r 22J ~ 'U ~~?fJ v .z~ 0 ,9'a'~Ao- ~ ~ . ~ '\ (rJ76? ,?O ~~ ~\ pr\') ,\J\j, \J;:--~( 30 \ or 2~ '-lI ~ ~ \' ',Jf\ :::::J(....'-/. l-' ~~ C) n ~ /ScE OEm/I., ~~ /~nl l<l"""T"'oHEET Z ~~ \ ~ - \ "- \... <'0 Oi \ N8S'4ZJ58"c 30,00', "'" -_L--- fJ.l85'47'OO"E 30.007 .z5~ 0 '- 0,' - - - <,:' 118.100 ~'~\ \ (.:.! POINT OF '" \ ~ \ /-1/$.>0 APtJ ,c,'f 't\':- :-) /\ g3l-t t.,),:/ BEGINNING ,,~ :..--' ~/~" ~ ",1lJ ),.j\'p>'f- -i' z, \ ~ - I #' Jr..'. J ' 9 \'~ \ ~ v ,:).\G ~ "" .:>;., 0 0 . ~r' .c- \ ~ ~ \ ~/<-> ~~ LO \ 4~--I \ r) ~J\' . GO 'EA6EMENT ..... ~ c: Cl ,l, '!l\) RESERVED FOR ~ ~ n \\l"L:::::J' '817.507- ~ ROAD PlJRpOSE5 \ i ~ \ f'>' PeR R.OB. (;720 r' ~ :...a -r' \3:::::J" \ ~ ~ \ j, \ ~ \ \ ~ \ . I G I I ~' 30'1 '- f t: ....N'76'::t . , vOo'W (;40,00',) (N8/oc;10' I a 5Gw 4'00~ I -r' 1,;1 1\' 0 j -, l---' I ~? . f~~~SOS -- 1 r-' ,) O,:::::J; r\' ~) \'?S..=; 1-)' !--' ,I(; 00.49 .~, ~ tJ Z75~1 ~~ "'- flP ~ ~ "'- ~ " "" L (1VZ'2'49:Jo"W)~ r) \ -\G ..=; \ r' l-V:J) \ HD;:::::J;\5\3 '- ?Sh,- \ ---~ -- CI (J:j =2200340" R= 290.00' L = fII. "") C2 (J:j =/4054'50" R~400.00' L=I04.12'}, "w(fI,)_-- ~.09 20 - (N7<- _ - -- -- --- -- -- -- -... -... /VOT!: : ( ) /NDICATes RECVRD OATA FROM R.O, 5. G7Z0 {' J IAlP/C/lIE5 /?ECo/(f) . OIlTI/ PER DEE/} RECOROEl? :rLJN~ 21, /97/ /IS FILE AlO,79-2577/7 0': D./?, -- -- -... -... -... / _I see Stir. NO.2 FOR SCALE' l' = 100' VICIA/ITY MAP , EXII/B/T "8" (lOF2) SeweR EAS€M€J.lT AP.N. 275-700-2j" ReF. TRACT NO, 88-12 DA TE:: J.N. 89- 37 HA~~OH ~ AS~OCIA 'rES INC. PLANNING 0 ENGINEERING . SURVEYING 311 EAST WASHINGTON AVE, ESCONDIDO . CA' 92025-2881 . (619)741-3570 -- --- ~h, ~~ ~~ l.u ~V) ~::t ~~ o~ ~~ -- -'-.. -- , () - ...", - R2 lL-.!l <l3 }...:<: ~~ ~~ \ \ \ \ [II 1 ,XI/ \ ~I .C)/ \ ~ ~... o~1 0,.1:.112" \ - ~ Cl,)/ L1-/ltrfO, ~ ~ ~I /?= 2/aOO \ -tI) 'It / L = 4,57 ' --~~ \ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ <'~ '/,.:>. ..>~ l./ Al4D/7'o'Z"W (;.O/, (N40/3'OOn If) L'Z N(i9on'//"W. 9,94' L3 /'I 200 'Z2 '49''[; 20.00' L4 N85042'58" E $O.CJO' LN85"47'OO"E 9QOO'] DETAIL ESP'tU.A 14.14 ~ 'lLl.4w ... -", irA ~ 'A~EW""I} LAN~ VICINITY MAP II. r.S. SCALE; l' = 20' (2 OF 2) M~SSON ~ ~SSOCX~ TES iNC. PLANNING 0 ENGINEERING 0 SURVEYING 311 EAST WASHINGTON A lIE. ESCONDIDO 0 CA 0 92025-2881 0 (619)741-3570 EX#/B/T 'lB" SEWER cAseMeNT A,P.N. 275" 700-25 REF. TRACT /1/0.88-1'2 DATE: J.N, 89-37