Grant of Easement Soundwall 1991-0493001
1503
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RECOROING REQUESTEO BY: )
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CITY OF POWAY )
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ANO WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWA Y )
P. O. BOX 789 )
POWAY, CA 92064 )
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(This space for Recorder's Use)
This document affects APN 317-323-03
GRANT OF EASEMENT
SOUNOWALl DOCUMniTAflY TRANSfER TAX $__...::ft::.:::-
patricia Morene Harris, an unmarried woman , (hereinafter
"GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its
successors, or assigns, the following described easement for a right of way,
in, upon, over, under, and across the lands described below, to erect,
construct, reconstruct, replace, repair, maintain, and use a soundwall and
drainage, together with such fixtures and structures, 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 ease-
ment 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:
(See Exhibit "1\" attached hereto and made a part hereof)
Said easement of right of way in the aforesaid lands is particularly
described as follows:
(See Exhibit "B" attached hereto and made a part hereof)
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1504
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 Public 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
GRANTEE.
GRANTEE may a't any time increase its use of the easement, change the loca-
tion of the facilities within the boundaries of the easement right of way,
or modify the size of existing structures 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,
provided GRANTEE does not expand its use of the easement beyond the ease-
ment 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 easements 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 liti-
gation is commenced, or if any arbitration proceeding, administrative pro-
ceeding or litigation in law or in equity, including an action for
declaratory relief, is brought to enforced 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 WITNESS~HEREOF, the GRANTOR has executed this Easement this
day of t...::!iiT- , 19 9'0 .
,-,1 ,L
r This 1510 certify t~1t tile Interest in rell properly conveyed
'.by the deldorJlllll dltedtk-f.~01,/99lfrom Pith, ~ 'd.
'/YiorUlt. )../o.H;' - tothaC~y
of Poway, a pol~icat corpotltion andlor governmental agency
Is hereby accepted by the undersigned olfier, ,11 aget on ba.
half of the C~ Council pursuant to authority confemj lfi
Resolution No. 34 adopted on January 20, 1981 at.d t~o
graatee consents 10 recordation thereof by m duly authorized
officer.
Dated: q -;!.6 -<11
By~~k
1505
INDIVIDUAL ACKNOWLEDGMENT
NO. 201
State of r-AIC/rolll.,v/A
}ss.
On this the .:?~ay of Or ""Tb .d€'( 19~, before me,
G'rNy <...8"'0 J{Aw
County of S~'" b,IEI'<-<1
the undersigned Notary Public, personally appeared
A.,;tUc/,;J /J1t:U(ENe'
H/lrr,j
o PQrC!,...n!llJl~1 !.on......":) tQ me
OFFICIAI. SEAL
CA1MYBROKAW
~~
_ DlEllOCOUNlY
t)i(proved to me on the basis of satisfactory evidence
to be the persorl(lif whose name<l\[ / .3 subscribed to the
within instrument, and acknowiedged that . ,A.Q.... executed it
WITNESS my hand and official seal.
~ ~~,.d_,
Notary's Signature
THIS CERTlRCATE
MUST BE ATIACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
Title or Type of Document C:;-1f'~7 <l'&:- E ,!4.SEM EN'T'
Number of Pages ;;( I Date of Document /0-::1:7 _ %
Signer(s) Other Than Named Above
7100-010
C NATIClNAl NOTARY ASSCCIATlON.8236R1nmetJltie..P.Q, Box 7184.CII'lOgII Fwtl, CA 913)4-7184
1506
EXHIBIT "A"
LEGAL DESCRIPTION
SOUNDWALL AND DRAINAGE EASEMENT - A.P.N. 317-323-03
THAT PORTION OF LOT 26 OF POMERADO GARDENS ACCORDING TO MAP THEREOF
NO. 4282 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY JULY 29, 1959 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 26, SAID CORNER
BEING A COMMON CORNER WITH LOT 25 OF SAID MAP NO. 4282 ON THE
SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD AS
DEDICATED PER SAID MAP NO. 4282; THENCE LEAVING SAID RIGHT-OF-WAY
OF POMERADO ROAD, ALONG THE LINE COMMON TO SAID LOTS 25 AND 26,
SOUTH 46"37'09" EAST (RECORD S. 47"03'20" E.) 7.13 FEET; THENCE
LEAVING SAID COMMON LINE, SOUTH 32"22'11" WEST 96.80 FEET TO A
POINT ON THE LINE COMMON TO LOT 27 OF SAID MAP NO. 4282 AND SAID
LOT 26; THENCE ALONG SAID COMMON LINE NORTH 57" 37 '49" WEST (RECORD
S. 58"04' E.) 7.00 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF
THE RIGHT-OF-WAY OF SAID POMERADO ROAD; THENCE ALONG SAID SOUTH-
EASTERLY LINE, NORTH 32"22'11" EAST (RECORD S. 31"56'00" W.) 98.16
FEET TO THE POINT OF BEGINNING.
SAID EASEMENT HAS AN AREA OF 0.016 ACRE, MORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH L1\BELED EXHIBIT
"B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS
PREPARED BY ME OR UNDER M DIRECTION.
,
SIGNED:
12 -l-rrq
EG ALD DALE HARVEY, JR L.S. 5292
LICE SE EXPIRATION DATE: 2-31-91
BPM/MMA/LH
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ll-8-89
IN 5532-63
1507
EXH/8/T lie II
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TA8ULATt='O .DATA
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LEGEND
1\(f}!/if?}{?Lu.J,.<,/O/CATE6> BOUI/OWALL ,4IJO /JR/J/IVAGe
OEO/CA TED (Afi.'G"A = o.O/~ ACRES)
~SEMENT
BOUNOWALL ANO ORA/NAI3E EABEMENT
IN LOT e& OF rvME~ADO GAROEN6 J MAP N~ 4~6.z
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