Grant of Easement Utility 1989-265415
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,,'" RECORDING REQUESTED BY:.
, ',CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92D64
Title Order No.
Tax Parcel No.
1.23.1
94
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89,HAY 19 AMIO:i20
I VERA L.LYL~" I
L!GUNiY HECORD~
This space for Recorder's use
"' NO FEE
NO DOCUMENTARY TRANSFER TAX
NO FEE
GRANT OF EASEMENT
UTILITY EASEMENT
ENSAL Corporation. a California Corporation
(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 for utility pur-
poses, toget~er with such fixtures and appurtenances. including, but not
limited to, faciliti,es for power transmission and conmunication purposes., at
such locations and elevations, upon, along, over and under the right of way
descri bed be 1'01'1 as GRANTEE may now or hereafte-r detenni ne in its so 1 e d i scre-
t i on without any addit i ona 1 cOinpensat i on therefor, together with the right of
ingress and egress from the easement by a pract,; ca 1 route or routes ;'n, upon,
ove"r" or'atross the 1'and descri bed be 1010/, together with the ri ght to use th; s
easement for access to GRANTEE's rights~of-way situated in adjacent lands,
without any additional compensation therefor.
The land encompassing this easement ;s sitUated in the County of San Diego,
State of California, and is more particularly described as follows, to wit:
A portion ,of lots 1 through 6, ~nclusive, of City of poway Tract Map No.
84-02 in'the City of Poway, County of San Diego, State of California,
according to Map th'ereof No., 12330 filed in the off"1ce of the County
Recorder of San Diego County February 28, 1989.
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Said easement of right of way in the aforesaid lands is particularly described
as foll ows:
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
GRANTOR, its herr's, successors, and :ass,igns" shall not erect or constr,uct
or permit to be erected or constructed, any building, structure or improvement
on, over or under ~ny portion of the easement, nor shall GRANTOR, its heirs,
successors, or assigns, plant any tree or trees orplaQt any other vegetation
or flora, nor dig o~ drill any hole or wells on any portion of the easement.
GRANTEE may, in its sole discretion. erect" mainta,in, or use gates in all
fences which now cross or later cross any portion of the easement. GRANTEE
shall aiso be entitled to trim, cut. or clear away any trees, brush, or other
vegetation or flora from time to time as GRANTEE deter:mines in its sole discre-
tion without any additional compensation.
GRANJEEshall be entitled to partition, assign, joint venture, or share all
or any porti on of th,iseasement with any other publ i c agency or uti 1 itY
includiQg, but not limited to, any agency supplying water or sewer services or
faci 1 it i es to the pub Ii c as GRANTEE may determi ne in its so 1 e di scret ion
wi thoutpaying any addi ti onaT compensation to GRANTOR or GRANTOR's heirs, suc-
cessors, or ass)gns, therefor.
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-
ti on Clf the ut i 1 ity or other facil it i es wi thi n the boundari es of the easement
right-of-way, or modify the size of the uti,l ity or other improvements as it may
determine in its sole discretion from time to tirnewithout paying any addi-
tional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, pro-
viaed GRANTEE does not expand its use of the easement beyond the easement
obuhdaries described above.
I.t is also understood and agreed by the parties that the GRANTOR and the
GRANTOR's he1.r;s, successors" or assigns ,shall not increase or decrease or per~
~_i:t to be increased or decre,ased 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.
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123_
/In {h~ ,event of~nyd:ispute,involviilg ,this' Agreement, whether or not liti-
ga ttoni s,colTII\encE!d i or if any arbitration pr09~eding,admi nistra t i ve pr'o~
ceedingor 1 it,iga.tion in law orin' equ,ity,; including an,actfonfor declaratory
relJef',isbrought to enforce ot interpret the"provisions' or perfor:mance o,f
tti{s easement, thee prevailing party ~ha_Tl De entitled to ail aware of a.,lJ attor-
ney"s .fees"and the costs of the proceeding, which shall be determined by the
court or the presiding officer having authority to make .this determiriation.
GRA~TOR expressly warrants and represents that GRANTOR has the power to
grant this easement in accorClance with its terms.
This ,is to certify that the interest in real property conveyed
, , '-\,' '61 f fhs,c-\
.i ,bi the deed or. grant dated " - . rom ~
\' C.O~ ~ "''''--\'~ . "to the Cit,
!':GfPowey' tl'PDliticut CCfPO(:l~~o;um~, ':.i t,)':ci~;;-.;;ntal (}gO,IlCY
" ,- .,~ 1,;:;..,.1 .,:~. .,' '"'- .."",,'t.r.n'kr.~
~; is h~TetrJ.si:ccj:i1,;d hyt!~e ll.nu;';";::i::::",:UII\tl.:, '"i Li...."'.h ,H .\~,
i. h~if d ,tl-ic 'City Com,di p.~rs~r.:1t \,-0; t':.;'~i::':l.(ty"~':Jfe:~~:~lJ!
"" - ., J~'-'" "'0 '9P!.tl';" n~
. f.~"'.f!lIlUO!1 No. 34 f"J;..:;Jt?'OO!l ~;.tit:j I. , .:..; r~.;..I.,..
i ~;~;;tee cOilsentsto recordalbn g'trcof by its duly oJ,honzed
; ollicer.
i
I: Dated: c;,~ l':i'-~"i By
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INWUNESS WHEREOF,
. ,,- n day 'of
the GRANTOR
~"f"'\
has executed thi:s Easement this
, 19~ .
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~ STATE OF CALIFORNIA
~. COUNTY OF San U1E!gO
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OFFICIAL SEAL
HARRIET L, HAWKINS
NorARY PUBLIC CALIFORNIA
Principal Ottlce In San Diego County
.. My Commission [,pires May 17, 1991
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CORPORATION ACKNOWLEDGMENT
Form No. 14 Rev. 7-82
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ON 'u _mmmmnuuu'uuml\p!::iJ,<lumm '_mmuu, moouu' 19~m, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
u_u,:r90~u~~Lm'uuuuuu muuuu,_,uuu _nm_..uu_
proved to me on the basis of satisfactory evidence to be the person______ who
executed the within instrument as muuu _muu'PJ::E!''''i,<Je]1't:mm__ Hnooli"'-.r'"'"'
~of the Corporatiop therein named, and "knowledged to
me that such Corporation executed the within instrument pursuant to its By-laws
oraRBs:~::~s:i::::~~4~mmmm..um
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1236
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EXHIBI,T "A"
LEGAL DESCRIPTION
A port,ion of Lots 1 through 6 of City of Poway Tract No. 84-02,
in the County of San Diego, State of California, according to Map
thereof no,. 12330, filed in the office of the County Recorder of
San Diego County, February 28, 1989, being described as follows:
Beginning at the Southeast corner of said Lot 1; thence Westerly
and Northerly along the, boundary of said Lot 1 North 87"38'01" West
92.78 feet to the beginning of a tangent 20.00 foot radius curve
concave Northeasterly; thence Westerly and Northerly along said
curve through an angle of 9,0"'00'00" a distance of 31.42 feet; thence
tang~Dt to said curve North 2"21'59" East 70.99 feet, to the
beginning of a tangent 264.15 foot radius curve concave
Southeasterly and the TRUE POINT OF BEGINNING; thence Northerly
and Nor,theas terly along said curve, and the Easterly and Southerly
Righ'tof Way line of Stone Canyon Road as shown and delineated on
s'aid'Map, through an angle of 76"38'50" a distance of 353.36 feet;
thence tangent to said, curve North 79,"00'49" East 923.56 feet to
the beginning of a 265.50 foot radius curve concave Southerly;
thence Eas terly along said curve through an angle of 10" 20' 38" a
distance of 47.93 feet to the Northeast corner of said Lot 6, the
radial to said corner bears North 0" 38 "33" West; thence Southerly
~long the Easterly boundart of said Lot 6 South 0"35'58" West 3.50
fee t to '8. pci'ih t in a line parallel with and 3..5 0 feet Southerly
measured at right angles to the Northerly boundary of said Lot 6,
sai'd point being also a point of cusp with a 262,00 foot radius
curve con<:;ave Southeasterly; thence Westerly along said curve and
said parallel line through an angle of 10"19'39" a distance of 47.22
fee~; thence tangent to said curve South 79"00'49" West 927.99 feet
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to fhe beginn,ing of a 259.60 foot radius curve concave
Southeasteply; thence lea~,ing sai,d p.arallel line and Southwesterly
and Southerly alon'g said curve through an angle of 76" 38' 50" a
dis,tance of 347.27 feet to the TRUE P0INT OF BEGINNING.
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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 my direction.
~.~_7!9J~
La rence Paxton, LS 4447
Licence Expiration Date: 9/3/89
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LEGEND
INDICATES IJTILITY. EASEMENT GKANTE/J HfRfCII
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