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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 ) J ) ) ) ) ) ) ) ) !AFNFf RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: .._cf~}4f?' , ! ~ RF AR MG UF OC TXPD Use) a..<~~. v1!.'.i f-H 0 ""7 . f~1 u. t. t (This space for Recorder's 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\' ~"'*i2~ q'f-L " OfFICIAL ~ ADElJoIDE S CONNEll Notary . --- ~., da 1M ll&O CICl.MY Mv Q.....~. EJq:ns NcMIn'IIler 12. 1993 ! I IIl,i-"" '.' ",' _.^,..~'oIIl'.,l~ . C....; '1""".:.- , .,...... .:-:'4fI. ~ . ......\.:if" (This area for offjcial notarial seal) [I Signat o o '" e- . 0. E o u w " ;:: c . u .~ E <( i' iL " o "0 " '6 ~ N ~ ;e. ~"'''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. ---, 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____ ---- -- _ -- _ ---------- ------~~~_J4ill.y, - -17~Tn-- -- --- - ___ ------B'LA-t~-~Q3..fie.lI'IE.k:,,- /"oU9------ ______ ..... "" I " . .. ''':". ~ ..~. '.-., , ,.,,, ... .') ~ J I " ..=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 ~ / \'N^-' /LH 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 ..~.,- ~-- ME TATE .. 2081 LANE l'C) lJ ~ \; m ~ 0.. ~ ~ II) ~ Il) ~sod ,,~l'(.) I- 11: ~ ~ - ~~~ ~ ,~~ m Q.: ."J'C ~'C~od - ~ :J: ~ ,0' //( (\.1 >< ~ ;1"'~ LQ W ~ , ; ..:i% f\l ~ I 00000- I :l., I I 000:,000 I <.\1 "I ,000:0,". J C) .. Qo.o-.'o.oC! ~. ' 0_0 Cl o' ~ =--J Q ,....... r:::'o~Cl.O.; qs (\J . 0000 ' 1 ~ ~"l- ~ ~',~:: ~ \:.lJ 0 ~. "'~~ L o.:~ ......J 0:-'" 0- ----. ~ ~ ~~ $' ~ L, ~ ~ -J .'01. ~ ~ ~ ~ I 0~0 I.;: I ,,-",. 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