Grant of Temporary Construction Easement for Sewer Line Construction 2003-0494562
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RECORDING REQUESTED BY ) APR; 29. 2003 10:53 AM
) OFFICIAL RECORDS
CITY OF POWAY ) SAN DIEGOCOUNTV RECORDER'S OFFICE
) GREGORV J. SMITH. COUNTY RECORDER
WHEN RECORDED RETURN TO' ) FEES: 0.00
) 16113 DC: NA
CITY CLERK ) ~-
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O~\ (For Recorder's Use Onlv)
r Tax Parcel No. 275-380c3300
\ GRANT OF TEMpORARY CONS"TRUCTION EASEMENT ~ .
FOR SEWER LINE CONSTRUCTION
Larrv Brinohamand Lavonne Brinaham, (hereinafter "GRANTOR"), hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, a Temporary
Construction Easement and incidel}ts thereto, necessary to facilitate the construction of
the Camino del Valle Relief Sewer, on certain real property in the City of Poway, County
of San Diego, State of California, described as follows:
The northeasterly 5 00 feet of the southwesterly 15 00 feet of Lot 78 of
Valle Verde Estates Unit No.3, in the City of poway; County of San Diego,
State of California, according to map thereof No. 4933, filed in the Office
of the County Recorder of San Diego County, March 21, 1962.
Said temporary construction easement in the aforesaid lands is particularly described as
follows'
See Exhibit "A" attached hereto and incorporated herein by this reference.
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
construct necessary related improyements as part of the proposed construction
process. The GRANTEE accepts liability for the construction activity therein. This
Temporary Construction Easement, as described, shall be valid only until the
construction has been accepted by the GRANTEE. After such time, the Temporary
Construction Easement shall become null and void.
P.\15995.0402\MSWoid Files\Bnngham Temp Ease Grant Deed.doc 1
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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 will provide a stub-out sewer service connection to the GRANTOR'S garden
workshop The provision of the new sewer hookup does not imply GRANTEE approval
of future improvements to the workshop. Any future improvements will have to be
permitted by the GRANTEE under established procedure The GRANTEE will relocate
andreplumb the irrigation water storage tank and relocate the stacked firewood from
out of the sewer easement. The GRANTEE will also provide a curb cut for vehicular
entrance at the southerly end of the easement.
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 may determine inits sole
discretion 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.isalsounderstood 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 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 inequity, 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 has executed this Easement thiS~ day of
M;t.w,--", 2003
~,~
dj~BVL~/~
Lavonne Bringham U
(signatures must by notarized)
P:\1 ei995.0402\MS Word Files\Bringham Sewer Grant Deed.doc 2
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EXHIBIT '''A''
LEGAL DEScRIPTION FORSEWEREASEMENT
THE SOUTHWESTERLY 10.00 FEET OF LOT 78 OF VAllE VERDE ESTATES UNITNO 3,
IN' THE CITY OF POWAY,cbtlNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOE NO. 4933, FILED IN THE OFFICE OF THE couNTy
RECORDER OF SAN DIEGO COuNTY, MARCH 21,1962:
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON TIlE SOUTHWESTERLY BOUNDARY OF SAID LOT 78,
WHICH .BEARS SOUTH 40045'41" EAST 90.00 FEET FROM THE M0ST WESTERLY
CORNER OF SAID LOT 78, SAlDPOINT OF CO.MMENCEM:ENr ALSO BEING THE TRUE
POINT'OFBEGINNING; THENCE NORTH 49014' 19" EAST 100.00 FEET; THENCE/NORTH
. . . . . . -
29006'15" WEsT 40.09 FEET TO A POINT ON THE NORTIiERLY BOUNDARY OF SAID
LOT 78 AND V ALLEY VERDE ESTATES UNIT NO 3; THENCE WESTERLY ALONG SAID
NORTHERLY BOUNDARY, NORTH 88058'20" WEST 107:00 FEET TO THE NORTHERLY
CORNER OF SAID LOT 78; THENCE SOUTHWESTERLY ALONG A LINE BEING
COl\r:lMON WITH THE NORTHWESTERLY BOUNDARY OF SAID LOT 78 AND THE
WESTERLY BOUNDARY OF SAID VALLEY VERDE ESTATES UNIT!'fO 3, SOUTII
13015'43" WEST 35.00 FEET TO, SAID MOST WESTERLY CORNER OF LOT 78; THENCE
., .
SOUTH 40045'41' EAST 90.00 FEET TO THE TRUE POINT 'OF BEGINNING. .
CONTAINING AN AREA OF 4,527 SQUARE FEET, MORE OR LESS.
PREPARED BY MB.oRtJNDERMY SUPERVISION: .--
zit- 0>
ANNA . BEAL,P.L.S 4955 DATE.
EXPIRES 12131/05
January 30, 2003
Sheet 1 of 1
R:\Anna\Sandiego!Poway\Summerfield\Lot78.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California } ss
County of Snn G1lap
" On J'Ao..vJA ~ 9-003, before me, Cllltll2,tVl Me (VYlttLt i\ktllY U!;tl(...
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Date Lo.ry~ o.nr:L Name and Title of Officer (e,g., "Jane Doe. Notary Public")
, "Ill} O-v1Yle, /')y-lJI1 ~iIlll VY\ ~
, personally appeared
, Name(s)of Signer(s)
, o personally known to me
,
~'proved to me on the basis of satisfactory
" evidence ,
" "
,. to be the person@ whose name@) -is/are
, ~ subscribed to the within instrument and
" ,
. , ~ COmm155!On # 1223550 acknowledged to me that hefsRe/they executed
~ ,..&'~..~, Notary Public - California ~ the same in ilisll:le r/the i r authorized
-' : San Diego County - capacity~, and that by his+Rer/their ,
, MyCo:nm. ExpiresJun 6, 2003 signature on the instrument the person@, or
" . the entity upon behalf of which the person@)
acted, executed the instrument.
,
WITNESS my hand and official seal.
, [Q!/ ~lfha[~
, Place Notary Seal Above
,
, OPTIONAL
,
, Though the information below is not required by law, it roB y prove valuable to persons relying on the document
, and could prevent fraudulent removal and reattachment of this form to another document.
,
, Description of Attached Document
, Title or Type of Document:
"
, Document Date: Number of Pages:
"
Signer(s) Other Than Named Above:
,
, Capacity(ies) Claimed by Signer
Signer's Name:
, o Individual .
Top of thumb here
, o Corporate Officer;- Title(s):
, o Partner - 0 Limited 0 General
, o Attorney in Fact
, o Trustee
" o Guardian or Conservator
o Other'
Signer Is Representing:
,
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C 1999 National Notary Association . 9350 De Solo Ave., P.O. Box 2402' ChalSWorth. CA 91313-2402' NWWnationalnotary.Ofg Prod. No. 5907 Reorder: Call TolI.Free HlOO.87lHlB27
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
. _ d~t~d. ~M_~rch 31: ~003 .. . from Lar~and Lavonne Brina~am
Grantor, to the City of Poway, Grantee, a political corporation and/or governmental
agency is hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34 adopted on January 20,
1981 and the grantee consents to recordation thereof by its duly authorized officer
Dated' April ?5. ?003 CITY OF POWAY
Seal: BY' ~Ol A.l ~Q.r)~
~ Lori Anne Peoples, City Clerk
Sherri e D. Warrell, Deputy Ci ty Clerk
N ,Icitylsharelcertificate of acceptance-city ,d oc