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Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0508913 .$, RECORDING REQUESTE~ BY: MASSON & ASSOCIATES, INC. 311 E. WASHINGTON AVE. ESCONDIDO, CA 92025 AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 Title Order No. Tax Parcel No. 275-700-39 ) ) ) ) ) ) ) ) ) ) ) I NO 452 l~C ~ 1991-0508913 02-0CT-1991 08=23 AM OFFICIAL RECOROS SAH DIEGO COUHTY RECORDER'S OFFICE AHHETTE EVAHS. COUHTY RECOROER FEES: O. 00 This space for Recorder's use DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT (WATER AND/OR SEWER LINES & APPURTENANCES) GLADYS B YOUNG, Trustee of the GLADYS B. YOUNG LIVING TRUST Dated Mav 3. 1988 (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 20.00 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 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 BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFIRNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WITHIN LAND DESCRIBED IN DEED TO GLADYS B. YOUNG. TRUSTEE OP THE GLADYS B. YOUNG LIVING TRUST DATED MAY 3, 1988 RECORDED JULY 15, 1988 AS FILE/PAGE NO. 88-343851 OF OFFICIAL RECORDS. - - ...-..-------..-.---.------,----.-.--- Said easement '-- J!'ight of way in the aforesai.... lands is particularly described as follows: .153 SEE ATTACHED EXHIBIT "A" G~R, 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 sole 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, OJ!' modify the size of existing pipelines oJ!' other impJ!'ovements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR oJ!' 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 incJ!'eased 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 preceding, 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 oJ!' 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. x In Wit~!L....Whereof, the GRANTOR has executed day of ~~~J;!f., 19 1/ . Th10 10 to it~ci..fr;b. int....t in real prop.rty conveyed by th. d.... or grant dotedSp~.~31::'1I <rOlO fll,,".!f~ ~. ~r,;:}yJ f~iJ~.Y corporation on~-or gov.rnmenta~ ;~:n~ty b hereby ACCepted by the underaiqhec1 officer or agent on be- half ot the City Council pursuant to authority conferred by Heaolution 50. 34 adopted OD January 20, 1981 and the grantee ~3p4 Dated: 'j -;). (. -'11 consent. to recordation thereot by it. duly Authorized Officer. ~)nrrK~ --- --.....'--,----.---. GENERAL tORM STATE OF...fI !.:l,'-fr.:tl.i.~.......... } 454 County Of...~~~~.1)~~.................. sa )( On lhi.....:?:.?.~...day or.....5;.e.p..t.'~.!'+~~.A.D.. 19.1.!., before me........~.f!::...~..,....K~~.~!!S:............... a Not8.9) Pfblic in and (or the s~i? Count~ and St~. resjding therein, duly commissioned and sworn, personally appeared....... ........~{t;,d'f2......]..'....lfl.lA.n~."j.......Lr..fJ..::.T.~.<.r.."-' ................................. .......... .........:...... .................... personally known to me to be the persVn......whose name .......t.~.................subscribcd to the withm Instrument. and duly acknowledged to me th8t......S.he...1.~...executed the same. J11 Witness IDbtrrof.1 have hereunto set. my hand and affixed my official seal the day and year in this certificate first above written. OFFICIAL SEAL LEE M KEENE NOTARY PUBLIC' CALIFORNIA SAN DIEGO COUNlY My comm. expires JUl 9, 1993 12688 Auto Pari< Way, Escondldo, c.o. 92025 ............~.If:...~...='!..................................... Notary Public in and for said County and State. 455 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 NORTHWESTERLY CORNER OF LAND DESCRIBED UNDER PARCEL 1 OF DEED TO GLADYS B. YOUNG, TRUSTEE OF THE GLADYS B. YOUNG LIVING TRUST DATED MAY 3, 1988, RECORDED JULY 15, 1988 AS FILE/PAGE NO. 88-343851 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF PARCEL 1 OF SAID YOUNG LAND, SOUTH 80'52'50" EAST, 20.00 FEET; THENCE SOUTH 9'07'10. WEST, 165.73 FEET TO THE BEGINNING OF A TANGENT 380.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6' 05' 10., A DISTANCE OF 40.36 FEET TO A POINT IN THE SOUTHERLY LINE OF PARCEL 1 OF SAID YOUNG LAND; THENCE ALONG SAID SOUTHERLY LINE, NORTH 86'58'00' WEST, 20.00 FEET TO THE SOUTHWESTERLY CORNER THEREOF, BEING A POINT ON THE ARC OF A 400.00 Foor RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86058'00" WEST; THENCE ALONG THE ARC OF SAID CURVE AND THE WESTERLY LINE OF PARCEL 1 OF SAID YOUNG LAND, THROUGH A CENTRAL ANGLE OF 6'05'10", A DISTANCE OF 42.49 FEET; THENCE TANGENT TO SAID CURVE, NORTH 9'07'10" EAST, 165.73 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND THE P~ (EXHIBIT "8"), ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WERE PREPARED BY ME OR UNDER MY DIRECTION. ~~--~~ /0-22-:}o LAWRENCE H. MOO , L.S. 5486 EXPIRES: 9/30/92 ~"-------~._------~<--_. . ---~._- ------------"--~---- 456 L1 68,56' NOTE: ALL MATh~MATlCAL DATA SHOWN HEREON IS BASED L2 30.00' UPON R.O.S. 7088 AND DEED REC. JULY 15. 7988 .J::? AS FILE NO. 88-343857 JO OF O.R. , ,.... '0 ./ 1...:) ~ ~ ~a ~'t I. 0.9-) I '199, ~9a, ,:; <I.; <:: <J (')'" t..,:; t..<I s.<I& / -!:2 .fl (C"l ~<lo~;> , :J :: -;tl It..C-:j)09' '8;>, --J 1 :J8/POR. W. J/2 ,f SfC. 30 1 .P.N. 275-700-39 1 OF 2 .6=06'05'10 L=42.49' R=400,00' .6=32'29' 40' L=226,85' R=400.00' .6=26'24'30' L=184,36' R=400,00' fl <J ' ....J$!] GIJi .6 =06 '05'10' '" I\J t..() <2 L=39,30' <b N A.P.N. <'s..:> R=370,00';:::.J 275-700-38 ~ ...-(), 0\ C (c..... vi LS 30.00' ''It..C,'l. ~ ~ -.;;t </J ~ l'i) 8.0.5. t..() ()6! Ci) .6=26'24'30' 0.;>,:;, -.;;t L=170,54' R=370,00' A. P. N. 275-700-35 r. J3 S. RJ W. S.B.M. '-4 101 .6=04'14'40' . .88' L=31.85' R=430.00' 1..7 2.()6.\9' .r<\.] 0<"\1 -1 <\.] N 1-=700' L8 30.00' LL, -.<t; <\.1 -.:::;: <\.] --=::. 60' EASEMENT RESERVED FOR ROAD PURPOSES PER R.O.S. 6720 .6=04 '14' 40' L=29.63' R=400.0Q' rO O<\.] -1 <\.] 0' .. c ffl :u ,. " c \:SPOLA ROAD SAGEVOOD DRIVE ~~ VILLO\; RUN R~ ~ j;! '" L1 N 09'07'10' E L2 N 80'52'SO' '" L3 N 60'09'50' '" L4 N 15'27'40' E LS N 86'58'00' '" '(R)' L6 N 23'22'30' '" L7 N 7S'29'00' E L8 N 70'52'10' E (R) ROSTRATA ROAD ~ ~ VICINITY MAP H.1.S. r.B. PG. S3 M~~~OJNT ~ b},~~oexb}, 'il'm:~ XJNTC. PLANNING . ENGINEERING . SURVEYING 311 EAST WASHINGTON AVE'. ESCONDIDO . CA' 92025-2881 . (619)741-3570 EXHIBIT "B" WATER EASEMENT A.P.N. 275-700-.39 REF TRACT NO. 88-12 DA TE: 8-.31-90 J.N. 89-.37 ----_.._._-_..__.._-~--..__._---_.~_._-- 457 2 OF 2 ~ ~ --..J <-<2 ~ -?o.o: ~ ('e~ ~ rC-9 "-c, A.P.N. 275-700-39 :.?>) L1 N 09'07'10' E L2 N 80'52'50' 'vi L3 N 60'09'50' 'vi L4 N 15.27'40' E L5 N 86'58'00' 'vi <R) N 1"=60' RO.s. ~ , , , ~ Ll=06'05'10' L=42.49' R=400,00' :J POR. W. 02 SEC. 30 20' r. J3 S., R. J W., S.B.}I;J. Ll =06 '05'10' L=40,36' R=380,00' 7088 30' 30' .(\ "'06 '05' . }{"39,30}0 "'370.00' t..-? i?IS 'i?-?, (('4 t..C~J 't- -..J L5 20,00' 111 ...J \ 6\ 60' RESE~~:~MENr ROAD FOR PER R ~URPOSES . .S. 6720 JM!~SSOJN]' ~ h},$~O({;Xh}, 'ii'~$ XJN]'(C. PLANNING. ENGINEERING . SURVEYING 311 EAST WASHINGTON A \IE. ESCONDIDO . CA. 92025-2881 . (619)741-3570 EXHIBIT "8" WATER EASEMENT A.P.N. 275-700-39 REF TRACT NO. 88-12 DATE: 8-31-90 J.N. 89-37 -,._.+_.,---~--_._.__._'+.._._--_._-_._-_._--~----