Grant of Easement Water Pipelines & Appurtenances 1990-377508
1444
90 377508
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RECORDING REQUESTED BY:
CITY OF POWAY
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. Box 789
Poway, CA 92064
This document affects APN
323-330-47
GRANT TO EASEMENT
Water Pipelines and Appurtenances
James and Marquerite Stanton (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 pipeline or pipelines for any and all
purposes, together with such fixtures and appurtenances, 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 easement 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:
Parcell of Parcel Map 13787 in the City of Poway, County of San
Diego, State of California recorded in the office of the County
Recordcer on May 13, 1985 in Book of Parcel Maps at page 13787 as
File No. 85-167017.
Said easement of right of way in the aforesaid lands is particularly
described as follows:
See attached Exhibit "A"
1449
GRANTOR, its heirs, su~~essors and assigns shall not erect 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 writ-
ten 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 pipe-
lines or other improvements as it may determine in its sole discre-
tion from time to time without paying any additional compensation
to GRANTOR or GRANTOR's heirs, successors, or assigns, provided
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 permit to be increased or decreased the existing
ground elevations of the above described easement which exists at
the time thisdocurnent 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 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
2~ day of n7J) j
This is to C r1ify that the interest in rt'.al properl! conveyed
.... 11,t>
by the deed 01 grant dated,Al~~"I~'rom .:1M1E~ ('.......
fJ/jI'tJ'O"~""'C. .s.+AJ..J,oMAl to the C:ty
of ro~y, a pcliticaf c()rpcr:'l~:(l:1 ~mY{l' f:n'o'enlmQii~al 2i<::licy
is hHeby accepted ty the GI,jer3;zn~d ..;!'ficc:' ~r a~'~.:: r.n bfl-
half rf the Crty Cc!mcil pursuant to tHt~r.ritj COn??: red kj
Res0kt:cn No. 34 acbpteu on Jariurrj ~;)t ISO.! i:i:.j 1:10
p"tee consents lD r,cordation tAoreof t1 its dUlY authorized
officer.
has executed this Easement this
, 19 9'0'
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Dated:
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'Ie' * It <io; k A '" '* ... 1.. '!' If' Yf ~ '* '" . '" '. ... .. .. .. .. .. .. .. .. .. .. .. .. ... .............. * .. * * .. .. *
* 'State of Ca...--/J i4ua...- On this the.&ldday of , YJ1ar 19 &, before me, ..
: CountYof8t4~ ~55.~(;fig* ~t-~i~ ,:
* the undersign~ lie, pel; lyappeared *
* t::. C~ *
.. t&uY, ~,.. '.Ih':/;, ~
: personally known to me *
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"@",-.. ~ rxr proved to me .9D-. the basis of satisfactory evidence *
.. Nolar.~ - T" 'to be the person~whose name(Si)-- ,CVV s~'bed *
* ~~t=- to the within instrument, and aatnow1edged that *
* 9N executed it. . *
* WI'lNESS my hand and official seal. *
: ~ c>f.?~p1L/ :
* Notary's Signature *
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1446
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PAR'1NERSB:IP ~
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* State of
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* County of
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On this the day of 19 _, before me,
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* Notary's Signature
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the undersigned Notary Public, personally appeared
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o personally known to me
o proved to me on the basis of satisfactory evidence
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.
c::oRPoRm: ~
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* State of
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* County of
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19 , before me, *
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n proved to me on the basis of satisfactory evidence to *
'Ee the person(s) who executed the within instrunent as *
or on behalf of the oorporation *
and acknowledged to me that the corporation *
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Notary's Signature *
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On this the
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day of
the undersigned Notary Public, personally appeared
o personally known to me
therein named,
executed it.
WITNESS my hand and official seal.
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(6/84)
1447
Exhibit "All
Fire Hydrant Easement
Commencing at the Northwest corner of Parcell of Parcel Map
13787 in the City of Poway, County of San Diego, State of
California recorded May 13, 1985 in the office of the County
Recorder in Book of Parcel Maps at Page 13787 as File No.
85-167017; thence, South 8g024'59" East along the Northerly line
thereof 85.78 feet; thence, leaving said Northerly line South
0035'01" West 10.00 feet; thence, South 8g024'59" East 10.00 feet
to the beginning of a tangent 28.00 foot radius curve concave
Southwesterly; thence, Easterly and Southerly along the arc of
said curve through a certain central angle of 88042'23" a
distance of 43.35 feet to the True Point of Beginning; thence,
tangent to said curve South 0042'36" East 10.00 feet; thence,
South Sgo17'24" West 5.00 feet; thence, North 0042'36" West 10.00
feet; thence, North 89017'24" East 5.00 feet to the True Point of
Beginning.
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1448
"EXHIBIT
152.93'
NO'42'36"W
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R =20.00'
L =31.86'
N89"25'30"W 106.87'
GARDEN ROAD
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R =28.00'
L =43..35'
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INDICA TES AREA
DEDICATED TO CITY
OF POWA Y FOR FIRE
HYDRANT EASEMENT.