Grant of Easement Soundwall 1990-404115
.~
'1878
9
~O~\IS
,-- '1<'__:iC~/
nr" i,..t(:J!~_)rt:~9r~p~.i~_!
."-.....,...""'.'..Pf
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92064
)
J
)
)
)
)
)
)
)
)
19')0 JUl 25 Hfl, I: 15
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
i 'iLF/.. L.LY[ r i
L_~UHj y Ht Cmmf:_~,~
NO FEE
(This space for Recorder's Use)
This document affects APN 317-323-07
GRANT OF EASEMENT
SOUNDWALL
~ M.
CharlesMercurio & Mary;M=rcurio; Cesar Ochoa & Gloria Ochoa ,(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 wade a part hereof)
Said easement of right of way in the aforesaid lands is particularly
described as follows:
(See Exhibit "B" attached hereto and wade a part hereof)
r
'1879
GRANTOR, its heirs, successors and assigns shall not erecc 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 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 has the power to
grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the
day of (2()~.., 1
fj
GRANTO~,has executed this Easement this
,19 0 .
";'$ C LA
, Thic is to c;ertify that the interest in real propertY conveyed . ~# ~#~
bylttedeedOtlll'llltdattd '-\ -7,040 ~IllC\"" Ie, F. J11e,<~'io'- Charles r. lJEr=io
rn",~ 1\1. me"..,,;, i~e""crh'''-(&I,.'~O(h';;-theciiy~ .
.. . ..JM.d~
01 Poway, a poIttic81 corporation and/or guvernmentaJ agency . TYl
is hereby accepted by the undersigned officer or agent on be- . r=w \ /"
hall 01 the City Council pursuant ro a~thority COIlferred "' 'c..b<-O d----
Resolution No. 34 adopted on January 20, 1981 and th~
lraetae consents to recordBlion thereof by its duly authJri16~
officer.
Dated: '1- 111-'1'0
Bv')}li1Llf. t! J\hj.1:,~
,j
Gloria Ochoa
"
o
.
'-
1880
.tached to Grant of Easement da
4-30-90
A
I
lss.
I
STATE OF CALIFORNIA
COUNTY OF SAn nip-go
On April 30 1 990
,before me, the undersigned, a Notary Public in and fOf
said State, personally appearert
and Cesar Ochoa
(;hnrlp.R F Mprf"11r;n ;:mrl Mary M.. M6rcurio
and Gloria Ochoa-------------------________
.
.2 ----------------------------------_________________________
0;
~ -----------------------------------------------------------
~ ~ (or proved to me on the basis of satis-
..
o
u
'>
'0
2-
N
!!?
~
factory evidence) to bethe person(s) whose name(s) iMare sub-
scribed to the within instrument and acknowledged to me that
~they executed the same.
0I!F1ClAl SEAL
DEBRA K. VIRDEN
NOrNW' PUIl.IC . CALIFORNIA
PRINCIPAl OFFICE IN
SAN DIEGO COUNTY
My eom....io. .Exp. Sepl 18, 1990
-,if'____.-.Rr.""";...". ,
WITNESS my hand and official seal.
S;9natur.4 P to;, /. II( ()1 dt
o
o
'"
(This area fOf official notarial seal)
,
_.-/
.dXHIBIT "A"
18f-
LEGAL DESCRIPTION
SOUNDWALL AND DRAINAGE EASEMENT - A.P.N. 317-323-07
THAT PORTION OF LOT 30 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 WESTERLY CORNER OF SAID LOT 30, SAID CORNER
BEING 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 SOUTHWESTERLY LINE OF SAID LOT
30, SAID LINE BEING COMMON WITH LOT 1 OF CASA REAL POWAY-UNIT NO.
I, ACCORDING TO MAP THEREOF NO. 6944, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 27, 1971, SOUTH
58.04'00" EAST 7.04 FEET; THENCE LEAVING SAID COMMON LINE, NORTH
26.02'31" EAST 0.34 FEET; THENCE NORTH 32.22'11" EAST 69.61 FEET
TO A POINT ON THE LINE COMMON TO LOT 29 OF SAID MAP NO. 4282 AND
SAID LOT 30; THENCE ALONG SAID COMMON LINE NORTH 57.37' 49" WEST
(RECORD S. 58'04'E.) 7.00 FEET TO SAID SOUTHEASTERLY LINE OF THE
RIGHT-OF-WAY OF POMERADO ROAD; THENCE ALONG SAID SOUTHEASTERLY
LINE, SOUTH 32.22'11" WEST (RECORD S. 31.56'00" W.) 70.00 FEET TO
THE POINT OF BEGINNING.
SAID EASEMENT HAS AN AREA OF 0.011 ACRE, MORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
"B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS
PREPARED BY ME OR UNDER DIR~CTION
I
/2 -( 45'4
L.S. 5292
-31-91
Bt/MMA/LH
/~ /LH
1 -8-89
JN 5532-63
'1882
EX-I-III3IT I',J"
.~
BeALe: ~ /"'=40'
t POA:4E~pO ROAO
r."'o..8. ua5T W'LY CIJRI/E~ /Jr
LOT~;) MAI"''</~4~#~'; ~
I
,
~
_ T/
.................
,\ T4
'~T8
,
,
-,
T6
/"
,
//"
Tf/
..
.....:..:..:...:..........<.~
TABt/LATEO OATA
I
I
1"'11 /" 11 OJ: /II .ou"t.,,,1/
Ur,C'r; I \L..r,L. I ' ,I1nl
/IAI/7- ~/'" I
1../1" I ( I ~"". I
A411Q AIr) /.'0/1/1
/I'trJl /'11 lJ. :0 oJ ""r tr
/oa1-1 f/?Ai;~ oAFDE/'iS
~J,,"1 C 11111 /7 ~O~
I r I' ,I I vV. '7-(.... r:h_
tW. 0/57- BEA~/NG
71 7tJ.tJO' 7J8~'~f'l/"& .
T'2. 71J4' as "M'tJO'W
71; 1J.'34' 'Z~()e'~rE
74 &;g.&/' ~t/)~'/I"E
75 7.00' 57'37'4&'W
~'7
~(..
?!4
'---
" """1 Qr?_ 9r;)~_/1~
,.r:,v. L7/ / _1..V' v /
~
Cl
ll)
t 8UCKBI< IN
-
Cl
/"RA/L'r)
LE6C"NO
In::n:nn:n:::t____IN/.JICATEe f30UN/.JWALL ANO O-RA/NAGE EA!3€MENT
OEO/C4.TEO (AI"'EA = 0.0// ACrt'G!3)
_______jN/J/CATt=5 !3uao/v/f!3/0N ,eOUN/JAR.Y
SOUN.DWALL ANt) aRA/NAtiE EA!JeMENT
IN LOT ~O or: I""l?MEA"AOO CiAl'?/J€NS J MAP N~ 4€/!€
.VTN_'~
J# 558e-&8
.~NERS . I'lANNEI!:S . SURVEYORS 4I4S"1ION!iON COUllT. SAN CKEOO. CAlIfORNIA '9Z111 1619I292-lOCI