Grant of Easement Storm Drainage 1990-578277
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RECORDING REQUESTED BY: )
T\I.-....-"1nIl;. )
CITY OF POWAY )
)
AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 7B9 )
POWAY, CA 92064 )
)
1'734
90
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This space for Record~~I;-~~;'~
No Documentary Transfer Tax No Fee
GRANT OF EASEMENT
STORM DRAINAGE EASEMENT
Berman Investment Group, Inc. (hereinafter "GRANTOR") hereby grants to CITY OF
POWAY (hereinafter "GRANTEE") its successors, or assigns, the following
described easement for a right-of-way IS-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 pur-
poses, 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 discre-
tion 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:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, it heirs, successors and assigns shall not erect or construct or per-
mit to be erected or constructed any building, structure or improvement on,
over or under any portion of the easement, nor shall GRANTOR, its heirs, suc-
cessors, or assigns, plant any tree or trees or plant any other vegetation or
flora, nor dig or drill any hole or wells on any portion of the easement.
GRANTOR 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
vegetation or flora from time to time as GRANTEE determines in its sole discre-
tion 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 location
of pipelines or other facilities within the boundaries of the easement right-
of-way, or modify the size of existing pipelines or other improvements as it
Thlsl"~rument filed for record by TlCOr Title
Insurance Company of California as an eccommodation only. It
has not been examined as to its execution or as
to its effect upon the title.
1735
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, pro-
vided 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 the GRANTOR and the
GRANTOR's heirs, successors, or assigns, shall not increase or decrease or per-
mit to be increased or decreased the existing ground elevations 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 proceeding, administrative proceeding or
litigation in law or in equity, including an action for declaratory 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 or the pre-
siding 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.
I N WITNESS
of
Thili is to certify that the interest in real property conl!8yed
bythe deed Ot&nlRt dIled~, 1(.lfl.frorn &,.""",,,
L.,...<-l.....A<+ ~,."~~.. to the City
of Poway, a politica corpo; ion and/or lovemmentalall811CJ
is hereby accepted by the undenilned officer or IIi'llnt on ..
half of the City Council pursuant to authority conle!red by
Resolution No. 34 adopted on JanUIIJ 20, 1981 and the
graAtee consents to recordation therlOf by ill duly IUlI10rizlId
officer.
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the GRANTOR has executed this easement this
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day
BERMAN INVESTMENT GROUP, INC.,
a California corporation,
BY:
STATE OF CALIFORNIA
County of San Diego
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(Corporation Acknowledgment)
On this 29th day of August ,in the year 19 29 , before me, the undersigned,
a Notary Public in and for said County and State, personally appeared Larry G. Smith
personally known to me (or proved to me .on the ~asis of s~tisfacto? e,vidence) to be the person who
executed the within instrument as ChJ.ef FJ.nancJ.al 0 fJ.cer
or on behalf of the corporation therein named, and acknowledged to me that such corporation executed it.
WITNESS my hand and official seal.
OFFICIA1. S!:AL
CLAIRE M. STONES
NOT~~V PUBLIC' CALIF
PRlrlCIP~l OFFICE IN
SAN DIEGO COUNTY
My Commiljsion Expires Jan 27 '993
CP~L-> -yYl _ --36.~..,~ -'
Notary Public in and for said County and State.
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G.r;NJi..RA L
ACKNOWLEDGMENT 17.
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PARTNERSHIP ACKNOWLEDGMENT
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On this the _ day of
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the undersigned Notary Public, personally appeared
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On this the _ day of
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the undersigned Notary Public, personally appeared
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to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
Notary's Signature
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CORPORATE ACKNOWLEDGMENT
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On this the l8thlayof September
Annmariorie Gilmour
the undersigned Notary Public, personally appeared
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JULES BERMAN
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o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
President oron behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
~~~ESS my hand and <;>fflcial seal.
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EXHIBIT "A"
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SURVEYOR'S LEGAL DESCRIPTION
DRAINAGE EASEMENT
That portion of Lot 31 in City of poway Tract Number 88-15,
according to map thereof Number 12466 recorded in the Office of the
County Recorder of San Diego County, California on September
22,1989 as file number 89-512988, lying within a strip of land
15.00 feet wide, the centerline of said strip being described as
follows:
Commencing at the Northwesterly corner of said Lot 31; thence along
the Westerly line thereof South 0027'42" East 220.75 feet to the
TRUE POINT OF BEGINNING of the herein described centerline; thence
leaving said Westerly line at right angles North 89032' 18" East
16.00 feet; thence North 57010'58" East 43.14 feet to the terminus
of the herein described centerline.
The southerly sideline of said 15.00 foot strip shall be shortened
to in the ~hwe~terlY line of said Lot 31.
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EXHIBIT "A"
DRAINAGE EASE...ENT PLA T1 738
s.7te1 E~_rlag
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~30 St~te PI.r.ft Suit.. A
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(619) m"""
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Gary M. Szyl.1 RCE24OfO LS4458 DATE
,J-895
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POINT OF COMMENCEMENT
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/5'DRAINAGE EASEMENT DEDICATED
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SW'LY LINE OF LOT 31
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