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
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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~
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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.
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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'
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.6 =06 '05'10' '" I\J
t..() <2 L=39,30' <b N A.P.N.
<'s..:> R=370,00';:::.J 275-700-38 ~
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.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'
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1-=700'
L8 30.00'
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60' EASEMENT
RESERVED FOR
ROAD PURPOSES
PER R.O.S. 6720
.6=04 '14' 40'
L=29.63'
R=400.0Q'
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SAGEVOOD DRIVE
~~ VILLO\; RUN R~
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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
~
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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
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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.
~
,
,
,
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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..-?
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L5 20,00'
111
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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
-,._.+_.,---~--_._.__._'+.._._--_._-_._-_._--~----