Grant of Easement Soundwall 1990-383882
CITY OF POWAY
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RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92064
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(This space for Recorder's Use)
NO FEE
This document affects APN
317-652-22
GRANT OF EASEMENT
SOUNDWALL
Charles ,T. Mayberq and Joan L. Mayberq., Husband and wi<'G . (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
I drainage, together with such fixtures and structures, at such locations and
I 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)
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)
510
GRANTOR, its heirs, succeS50rs and assigns shall not erect ~r 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 GRANTOR has executed this Easement this ~_
day of r",,^ , 19 70 .
7:11" ~~ ~,J ..:~..:<, .,;... ..... '"'~'w''' ".. ~.'.; ,'-'rv"~' ~,,;;,_..__.
bythedeedolgrantdated2-..7-~Ofrom eJl4t<}eC..;;r.
<:j. /J to the City
of Poway, a polrtica cor ration and/or governmental agency
is hereby accepted by t~e under5lg'led oHicer or abent on be-
half of the Citl Council pursuan: to a~thority ronlmred b,
Resolution No. 34 adopted on Januarl 20, 1981 and t~e
r.ra~tee consents to recordation thereof by its duly eutnorized
ofiieer.
Dated: Juf.$, 1'170 By~tl4Y::,.--c;:
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STATE OF CALIFORNIA
COUNTYOF____S,qn Dip-go
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o"---_~.. Ju -Jfl!fJl.iltt.,1990
said State, personally appeared_,~_*CHARLES
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,before me, the undersigned, a Notary Public in and fOf
J~,MAYBERG.AND JOAN L. MAYBERG**
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l!e~8aflal1~ I Fie' _.~......<:to '.....r proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) .,are sub-
scribed to the within instrument and acknowledged to me that
bIiIi8iI1they executed the same.
WITNESS my hand an~ efficial s~all ~ '
Slgnatu~4t2-~~ j7~
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OFFICIAL SEAL
ELIZABETH L BLOOM
NOTARY PUBLIC - CALIFORNIA
SII\N DIEGOcoutlTY
My comm. expires JilL I, 1991
(ThiS area for official notarial seal)
~J(HIBIT "A"
542
LEGAL DESCRXPTXON - SOUNDWALL AND DRAXNAGE EASEMENT
THAT PORTXON OF LOT 2 OF CAS A REAL POWAY-UNIT NO.1, ACCORDING TO
MAP THEREOF NO. 6944, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY MAY 27. 1971, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 2, SAID CORNER
BEING A COMMON CORNER WITH LOT 3 OF SAID MAP NO. 6944; THENCE ALONG
THE LINE COMMON TO SAID LOTS 2 AND 3, SOUTH 69'07'09" EAST (RECORD
N.69'32'32" W.) 9.60 FEET; THENCE LEAVING SAID COMMON LINE, NORTH
24'28'39" EAST 69.35 FEET TO THE BEGINNING OF A TANGENT 5.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY, EASTERLY AND
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 93'35'49" A DISTANCE OF 8.17 FEET; THENCE TANGENT TO SAID CURVE,
SOUTH 61.55'32" EAST 10.63 FEET; THENCE NORTH 28'04'28" EAST 5.00
FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 2, ALONG THE
SOUTHWESTERLY LINE OF THE RIGHT-OF-WAY OF POQUITO STREET AS
DEDICATED PER SAID MAP NO. 6944; THENCE ALONG SAID SOUTHWESTERLY
LINE, NORTH 61'55'32" WEST (RECORD N.62'20'4l" W.) 5.00 FEET TO THE
BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 92.43'29" A DISTANCE OF 32.37
FEET (RECORD = 92'44'46", L = 32.37' PER SAID MAP NO. 6944) TO
THE POINT OF BEGINNING OF A COMPOUND 1349.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF THE
RIGHT-OF-WAY OF POMERADO ROAD AS DEDICATED PER SAID MAP NO. 6944,
A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH
64'39'01" WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE
AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
02'32'44" A DISTANCE OF 59.93 FEET (RECORD = 02'32'46", L =
59.95' PER SAID MAP NO. 6944) TO THE POINT OF BEGINNING.
SAID EASEMENT HAS AN AREA OF 0.018 ACRE, MORE OR LESS.
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D DALE HARVEY, JR., L . 5292
E EXPIRATION DATE: 12 31-91
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LEeEND
!::)::(((:d ---_ /NOICATE6 50UNav'ALL AND DRAINAGe eAseMENT
OE.oICATE.o. (AR04 = 0.0/8 AC/{'G5)
.soUNDWALL AND /JRA/NAGe EABcMeNT
IN LOT Z OF CASA .I"fEAL A:::>WA Y- UNIT N~ " MAP N~ td'!!'44
II VTN _.Ino.
ENGlNUIS. I'LANNEItS . S!.M:VEYOtS 4e45 ItONSON COURT, SAN OlfCO. C....UfORNIA 91111 {6191192.10<<l
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