Grant Easement Drainage 1990-150158
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RECORDING REQUESTED BY:
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CITY OF POWAY
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90HA,q21 AHH:16
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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AND WHEN RECORDED MAIL TO:
NO FEE
Above For Recorder's Use
This document affects APN
37-1)- 011 -05
GRANT OF EASEMENT
DC8UMENTARY TRANSFER TAX L.j) u
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DRAINAGE
Leland L. and Margaret Williams, Trustees Under The Williams
Family Trust Agreement dated May 24, 1982 (hereinafter "GRANTOR"),
hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its
successors, or assigns, the following described easement, in, upon,
over, under, and across the lands descr-ibed 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 egrress 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.
Said easement of right of way is particularly described as
follows:
See Exhibit A and Exhibit plat attached hereto and
incorporated herein by reference.
This',isto cetlify,thatthe interest in real property cOI1leyed
"~y the deed 01 grant dated 3 - S ,'i 0 from Lt-l,L.,-'( , ' ~
n\i;'", .. LJi ll,~> i,.,^ +"'" to the City
of Pown , ~ pulitic,~ c0'pGraticn 2ndf~r governmental ngency
is , heieby 'ecteptedby the und.rsigue{officer c,' agent on be'
half of the City Council pursuJntto authority ,ronlcrred by
Resolution Ho, 34 adopted ou Janu,ry 20. 1981 ar.d tM
grsRtec consents to rscordat.Gn thereof by itsduly'authorized
officer,
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Dated: 3,- L:t.,,'.0_u
By 'jJ/Yk" il.;',jf:<':!S J\)~L-
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GRANTOR, its heir~, su'ccessors and ass~gns shall not erect or
c9ns,truc,tor 'permit, to be erected or cons:l:Iucted any building,
structure~ or iiriprovE!inent or plant any tr,ee Or' tree~s or plant ,any
othe,r, veg(!tati!O!} or flora within said easement without the express
w:rJ tten' approval of the City of poway ase,v:l.denced 'by the signature
of' the :Di'rector of Pub'liq Services on an :approved plan. GRANTOR,
i tsheirs, suc,cessors and assigns shall n6t dig or dr:ill any hole
or welTs on any portion, of the easement.
GRANTEE'ma,y 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, !:lrush, or other vegetation
or ,flora from time, to time asGRANTEE,determines in its sole
discretion without any additional compensation.
GRANTOR ,agrees that no other easement or' ~<'lsements shall be 'granted
on, under, or over this p.asement without obtaining the prior writ-
ten consent of GRANTEE.
GRANTEE may at any ,time increase its us~ gf the, easement, change
thel,?catioh of pipelines or other facHit:l.es within theboundaiies
of the easement right 'of way, or modify the size of existing p~pe.
lines or other improvements as it may determine in its'sole discre-
tiol1 from, time to time without paying any additional compensation
to, GRANTOR or GRANTOR'" 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, h!,!irs, successors, oia.ssigns, shall nO,t increase
or decrease or permit to be increased 01:' decreased the, existing
ground elevations, of the above described easement which exists at
the time this document isexectited without'obtaining the prior
written consent of the GRANTEE.
In the even't of anydisP1.lte involving thi!l Agreement, whether or
nO,t litigation is commenced, or if any arbitration proceeding,
admini?tIative pr:oce~aing or litigation in law or in equity,
including an action ,for de~claratory relief, is brought to enforce
or interpret,' ,the provisions, or performance of this easement, the
prevail'ing party sha'llbe entitled to an award of al.l attorney's
feesand'the costs of the, proceeding, Which shall be de,termined .by
the court or the presiding officer haying authority to make this,
determination.
GRANTOR e~presslywarrants and represents that GRANTOR has the
power to grant this easement' in a.ccordance with its terms.
IN WITNl(SS WHEREOF" the GRANTOR has executed this Easement this
-5 '!- day, of YhAR,C.f+, 19 CfQ
~c/~,,(l'~' ~~66
LELAND L. WILLIAMS, Trustee
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MAR~T WILLIAMS, Trustee
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(TRUST) .
STATE OF CALIFORNIA')'
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'COUNT,! OF SAN DIEGO )
,On mtf3;eCH $, /'1 70 before me ,the, undersignE!g, a -Notary
Public in and fOF sai:'d State" personi'i'Uy iippeared LELAND L.
'WlkLI~S personally 'known to me 9~ p~ov~g tome on the basis of
satisfact'Ory evidence to be the per's9n who executed the wi:thin
instr,umehtas; Trustee on behalf of :the Trus't therein named and
acknowledged to', 'me;'tha'tsuch Tr,ust executed the same. ,'..
WITNESS my hand and official seAl.
Signature,
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(TRUST) .
STATE OF CALIFORNIA,
OFFICIAL SEAL
CATHY, BROKAW
Notii/Y:I'IlbI1c>citlifomla
SAN DIEGO COUNTY'
My CoInm.Exp.t.layl~.I993
ss.
COUNTY OF SAN DI'EGO
,. On, /?7,19Jgp-f.' q j '7 90 before me" the un,dersigned, a ,No,tary
Public in, andfdr sa':id .state., persoha11yappeared MARGARET
WILLIAMSpersonapykno,wn to me orprd,il:edto me on the basis of
satisfactory evidenc,e to be the, person, who ex.ecuted the within
ins,t,rumentasTrustee on begalf of 'the,: Trust 'therein named and
acknowledged to me that such Trust executed' the same.
WITNESS my hand and official seal.
Signatur'e
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~.,'P,~.::. ". OF FICIAL,S E Al
,it ,.", CATHy BROKAW
''''", ~ : Notary PubllC-CaJifomla
,', 'j . SAN DIEGO COUNl)'
"" ... My <;omm. EXp. Mav 14.,1993
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EXHIBIT,'A'
LEGAL DESCRIPTION
DRAINAGE EASEMENTS
PARCEL 721
A 30.00 FOOT .WIOE STRIP OF LAND LYING 15.00 FEET EACH SIDE,
OF A CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "0" DESCRIBED IN PARCEL 701, BEING THE
BEGINNING OF ,), 470.00 FOOT RADIUS CURVE CONCAVE
NOR'!'HEASTERLY" A RADIAL LINE TO SAID CURVE: BEARS
SOUTH 22 '19' 3D" WEST:;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE 'OF 24 . 31"29", A DISTANCE OF 202.00 FEET TO THE TRUE
POI:NT OF BEGINNl'NGOF SAID CENTERLINE A RADIAL LINE Te-
SAID, CENTERLI'NE BEARS'SOUTH 46',56'59" WEST;
THENCE NORTH 12'37'34" EAST, 150.00 FEET.
THE SIDELINES OF SAID 30.00 FOOT STRIP OF ~D SHALL BE
SHORTENED OR ,LENGTHENED SO As TO TERMINATE SOUTHWESTERLY
IN SAID 470.00 FOOT RADIUS CURVE.
SAID PARCEL ~21 HAS AN AREA OF 0.103 ACRES, MORE OR LESS.
PARCEL 722
A 10,00 WIDE S,TRIP OF LAND LYING 5.0,0 FEET EACH SIDE OF A
CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 'E I AS DESCRIBED, IN, PARCEL 711;
TH'ENCENORTH 7-3'59'31" EAST 30,00 FEET.
SAID PARCEL 722 HAS AN AREA OF ,007 ACRES, MORE OR LESS
(SHEET 1 OF 2)
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-E~HIBIT 'A"
LEGAL DESCRIPTION
DRAINAGE, EASEMENT
PARCEL 723
A. 10.,00, FOOT WIDE:STRI-P OF LAND L~ING 5..00 FEET EACH SIDE
OF A'CENTERLINE DESCRIBED AS FOLLOWS:
, BEGINNING ATp'OINT 'E' AS DESCRI'BED IN"pi\RCEL 711;
'THENCE AL9NGTHE EAST LINE OF THEABOVEMENTI9NED PARCEL
7'01', NORTH 16"'00'29" WEST 35.00 FEET TO THE TRUE POINT OF
BEGINNING ;,
THENCE NORTH 73'59"31" EAST 30.00 FEET.
PARCEL 723 HAS AN AREA OF .007 ACRES, MORE. OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT 'A') .,AN,D PLAT'(EXHIEIT
'E') THEREOF ATTACHED HERETO AND ,MADE A PART OF THIS LEGAL
DESCRIPTION; WAS PREP~D BY E OR UNDER MY DIRECTION.
EL F. SAFINO
RCE NO. 13177
REGISTRATION ,EXPI
(SHEET 2 OF 2)