Grant of Easement Soundwall 1990-587658
2077
90 587658
90 5"t] (,S' 8"
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92064
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RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
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This document affects APN 317-301-01
GRANT Of EASEMENT
SOUNOWALL
Cdie W. Kelly and M3.ry Katherine Kelly, Husband and Wife , (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 "A" 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)
This is to certify that the interBst in real property conveyed
by the deed O/lrBnl dated 5-,\-'1 0 1m", 00., e LJ.
"K ell"! 1 !I",V-\ \<';,-11>""" ke II, totheCity
of Pow~y, a political corporation end/Oj gu'J(~rnmcntt! agency
is he:ehy accepted by the undersigned offic,:t 1f '!i.:;;;:, , CJ ~:'3-
h~1f ci tho C~y Council pursuant to author:" c<ln!~red ll'/
r:,,,~!utior, No. 34 illWpted on Janual1 20, 1981 aAd tJ2
grantee consents to recordation thereof by its duly authorized
officer.
Dated:
I 0 . if'l Ji co
By 1) Wc~< k ?Urr v, L
2078
GRANTOR, its heirs, succc~sors and assigns shall not erec. or construct or
pennit 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 at 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 nas the power to
grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR t)s executed this Easement this
day of "f'Yl o..-y , 19 Oz, .
~yme",t +0 k- '-"1 ~ il j. d~
c;w.. + I *' d~'-l '-l, 'h&~ eft JJ~~ -/1.
~(A.~ ~-e.. "f -e.. \Ce.uJ:ceJ Odie W. Kelly
~ -S~ . '-/l7 ~ 1:;rttPDf~ f '7J1-~tJk_
~.ct S. ~my Kath e Kelly if
OFFICIAl SEAL
~ ADElAIOE S CONIIU.
Nolarv"'_ - r ...
1M DECO CllllIIII\'
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" OfFICIAL ~
ADElJoIDE S CONNEll
Notary . --- ~., da
1M ll&O CICl.MY
Mv Q.....~. EJq:ns
NcMIn'IIler 12. 1993
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~"'''IUI v tlvloencej to be the P~) whose name(s)~are sub-
scribed to the within instrument and acknowledged to me that
~they executed the same.
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pet'Qg-all~'llI'I8 r fa I..~ (Q! moved to me on the basis of satis-
STATE OF CAL~t. 00, iss.
c;OUNTYOF OIEi _ -----1
On~ -9';'" ~~ -I- LCf!1_t.?__ _,before me, the undersigned, a Notary Public in and for
saidState,personallyappeared____ ---- -- _ -- _ ----------
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..=XHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT 1 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:
PARCEL 1 - SOUNDWALL AND DRAINAGE EASEMENT
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1, SAID CORNER
BEING A COMMON CORNER WITH LOT 24 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 ALONG THE LINE COMMON WITH
SAID LOTS 1 AND 24, NORTH 86'58'56" EAST (RECORD N.86'32'45" E.)
4.52 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 29'29'18" EAST
92.11 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 1, SAID
POINT BEING ON THE ARC OF A 750.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF
POMERADO ROAD, AND HEREIN DESIGNATED AS POINT "A", A LINE RADIAL
TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 60'30'42" EAST; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 02' 52'53" A DISTANCE OF 37.72
FEET; THENCE TANGENT TO SAID CURVE, SOUTH 32'22'11" WEST 56.90 FEET
(RECORD S.31'56'OO" W. 56.93 FEET) TO THE POINT OF BEGINNING.
SAID PARCEL 1 HAS AN AREA OF 0.003 ACRE, MORE OR LESS.
PARCEL 2 - DRAINAGE EASEMENT
BEGINNING AT POINT "A", DESCRIBED IN PARCEL 1 ABOVE, SAID POINT
BEING ON THE ARC OF A 750.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF
POMERADO ROAD, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS
SOUTH 60' 30' 42" EAST; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY
LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
05'05'44" A DISTANCE OF 66.70 FEET TO THE POINT OF BEGINNING OF A
REVERSE 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE
RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 65'36'26" WEST;
THENCE LEAVING SAID RIGHT-OF-WAY LINE OF SAID POMERA.DO ROAD ALONG
SAID RADIAL LINE, SOUTH 65'36'26" EAST 10.00 FEET; THENCE SOUTH
35'24'21" WEST 67.86 FEET TO THE POINT OF BEGINNING.
SAID PARCEL 2 HAS AN AREA OF 0.007 ACRE, MORE OR LESS.
BPM/MMA/LH
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1 -3-89
J 5532-63
2080
C:XHIBIT "A"
LEGAL DESCRIPTION (PAGE 2)
THIS LEGAL DESCRIPTION (EXHIBIT nAn) AND A SKETCH LABELED EXHIBIT
nB", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS
PREPARED BY ME OR UNDER MY ECTION.
,~~\
BPM/MMA/IJI
l~_~~/IJI
IN 5532-63
D DALE HARVEY, JR
EXPIRATION DATE:
2-1 -S4
.S. 5292
12-31-91
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2081
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