Grant of Easement Landscape and Hardscape Maintenance 1988-288137
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1336
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RECORDING REQUESTED BY: )
)
TICOR T1TlEiNSlfRA~tE C6/mNY OF CALIFORNIA ) ;.::U;R Jl ~.~~ I 1"
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AND WHEN RECORDED MAIL. TO: ) G~u~ir!" h[[[~i;hb j
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 ) NO FEE
)
) (This space for Recorder's Use)
fjPIV 3;lJ - :leO. 01 NO DOCUMENTARY TRANSFER TAX if NO FEE
.3~' . 380 - ~~
GRANT OF EASEMENT
LANDSCAPE AND HARDSCAPE MAINTENANCE
poway Residential Properties Limited Partnership (hereinafter
"GRANTOR" ) hereby grants to CITY OF POWAY (hereinafter "GRANTEE") ,
its successors, or assigns, the following described easement,
Exhibit 1 , in, upon, over, under and across the lands described below
together with the right but not the obligation, to reconstruct,
replace, repair, and maintain facilities to serve the needs of
these uses, at such locations and elevations, upon, along, over and
under the subject easement as GRANTEE may now or hereafter deter-
mine 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 a\cross
the subject land described below, together with the right to use
this easement for access to GRANTEE's rights of way situated in
adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the City of
Poway, County of San Diego, State of California, and is more par-
ticularly described as follows, to wit: -
Lots 1 and 2 of City of poway Tract 4185, Map No. 11295, in the
City of Poway, County of San Diego, State of California,
recorded in the Office of the Recorder of said County on July
24, 1985 as File No. 85-263629.
Said easement of right of way for maintenance in the aforesaid
lands is particularly described as follows:
SEE ATTACHED LEGAL DESCRIPTION,
EXHIBIT 1 , AND EXHIBIT PLAT
GRANTOR, its heirs, successors, and assigns, shall not erect or
construct or permit to be erected or constructed, any building,
structure or improvement on, over or under any portion of the
easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates
This In~trument filed for record b~} Ticor Titla
Insurance C,mpany of Cnliforni. as an occommodation only. It
has not heen examined as to its execlltion or as
to its offect upon .the iitle.
. .
I
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I STATE OF CAlIS;::A ~Ol ~ } 1 '3 '38
c: COUNTY Of 'f'1,() '~kb 'j I
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1 0; On thj,~d'Y of .:r (},oAf , 19_'6B_~efme me_ n <€.t)-
I ~ , Not"y p,blic in ,nd foe "id S"" pe"on,lIy ,pp"cod I I UA- -T. ~Ut1I..e...
~
. > known to me 10 be the President, and
,,,-,,,,'0 ~ Secretary ofl2J.tlL{!;~ (I(k~h-u-;'~m'll iP. -r;,;,~,
, - 0-
j ~ E known to me to be the
c 0
\ , ~u ,ho co'pocotiO" thot exew'ed ,he withi" in,'ceme"' 'nJ '"Own 10 me '0 be ,he pe"om who ex"c'ed ,ho withi"
, ~-"
. ,- instrument on behalf of said corporation, ,;aid corporation being .f'~. ..
.~ ~OW" '0 mo ~lf~f the POCt'" OfJ?OLVn~ '1.... .'
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~ E _ I!,IIf~{ roiP'-:" Ii'A, 1,jJ . OFFICIAL SEAL'" '
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o ~ the partnership that execu.tea the within instrument, and acknow\ .., EMOKE BRILEVjJ",,7',;
~u:: edged to me that such corporation executed the ,;ame as such . NOTARY PUBUC ~ CAUfORMA', ,.
I partner and that ,;uch partnership executed the same, .. SANDlEGOCQUNTY'~;:-, ':
~ .;~ My Calm>'t,bP"c~~"6Y.\l;I.t,~a9~
0
0 ~r-~... """.,
M
E
.2 Signature ....
tw-JJh_ ei,l~ i
Name (Typed or Printed (This area for off,cial notarial seal)
;J: 0' - ~ 133"/
.~ .
.
in all fences which now cross or later cross any portion of the
easement. GRANTEE shall also be enti,tled to trim, cut, or clear
away any trees"" brush, or other vegetation or flora from time to
time as GRANTEE determines in its sole discretion without any addi-
tional compensation.
GRANTOR agrees that no 0ther easement or easements shall be granted
on, under, or over this easement without obtaining the prior writ-
ten consent of GRANTEE.
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 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 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 the GRANTOR has the power
to grant this easement, in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
/ Lf rt.. day of Jut-JE ,19 W.
poway Residential Properties, Ltd.
. t This is to certify that the inter~in real properly conveyed BY: Connole Construction Canpany, Inc.
.. General Partner
C',,- -
'.' ... bj the deed or grant datM 6/1 tll1ro:h WI ';j ( /~
.
, ' CtJh 11 b II P III the City -r
r
ol'Poway.a poliiical corporation and/or governmental agency BY: Tim J. c07e, President
is hereby accepted by the undersigned,off.'cer oragenton be-
hall 01' the City Council pu"~ant to authority conferred by ~ /
Resolution No, 34 adopted on January 20, 1981 and the
graalee consents to recordation thereol by its d~1y 'eutlloril8d
. officer.
~,,~',,!'.Orl" _",
<"I ~ \J; ,"'. .~!11' ~~::J ~ ,;. ' (Signatures must be notarized and
. ,~ . t ;ifJl form attached)
i
ihis Instrument filed for record by Ticor Title
Insumcr,e Campany of California as an accommodation only.. It
h:s li'j[ bClJil examined a::: to its cxecl$tion or 3S
to its effect upon thr: !:!".,
7' -. . .
"'
~. - ~ 1339
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,I;ANDSCAP,E ANDHARDSCAPE MAINTENANCE EASEMENT
'Those, portions of'Lots' ] and 2 oflMap .1'1295 in the City of Powayj
County of San Diego, State o'f Cal ifornTa, recorded in the OffiCe
,of the recorder of said' County on July,'i4,i985 asfi'le number
'85-263629. described as fa] lows:
Beg i nni ng' 'at the Southwester] y corner of 'sa i d Lot 2; thence along
the SoutherlY' 1 i.nethereof North 890371'29" Eas't 25.60 feet; thence
leaving said Southerly I ine North 42049'24" East l7a02 'feet; thence
florth, 320\6'08" East 128,25 feet; thence North 24003'07" East 92.96
feet.; thence ,North 35050'43" East 33.00 feet; thence North 18019'11"
East 19;92 feet; thence North 45002'17" East 67.9,0 feet to a po'int
on the Norther]y: Uhe ofsai.d Lot '2 lying South ]2047'01" East 22.00 feet
from thee Northwester],y corner thereof; thenc:e 'North 37"23'08" East
]17.29 feet; thence Nor,th 33033'58" East 201.16, feet; thence North
32006'50" Eas t 9,2:.20 ,feet; tnence North 44 0]2' 40" Eas t 34.37 feet;
thence North 3105'1"51" East. 48.29 feet to the 'Beginning of a
non-tangent 20.00 foot ~adlus curve, concave So~therly. a rad1al
line to said point bear,s North 1'1009'35" East; thence Southwesterly
along the arc of sa'id c.~rl(!, thru a central angle of 65018'52", a distance
of 22.80 feet to ,a poi'nt on the Northwesterly] ine of said Lot J; thence
along sai d North..ylOlster(y'] fne. ~and the Northwe"s ter I yli ne of sa I'd Lot 2
o - -, ,.' _ ,~', .;_ _' '
South 35 50' 43"; West 961,.28 'feet to the begInning of a tangent 750.,00
foot, radius curve'" con'cave Southeasterly; thence'Southwester]y
alon"g the arc of'sai'(j curve through a centra,1 angle of 3014'48". a
dis tance of 42.50 feet to the PO I NT OF BEG I NN'I NGand the end of thl s
descr'i pti on.
,
This Instrum~nt filed for,record bY Tieor"Title
InsuraQce;Company of,,califo"rnia as;ao'<iccoi11modation;;only; It
ha,s nofbeen' examined as to its execution or as
to its effect upon the title.
EXHIBIT 1
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- EAS'MENT ,PLA T
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Landscape and Hardscape Maihtenance /-/:.'/.:~~i.J'!..:''''''!/ t
Easement Plat' .1= liS'/a'5Z",
R- 20' .j.~:i /. ~.~ /"':.
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PrePllre~ By: --- I
S~Zytel ~Dgl~eerbllg ;;- --v-
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Eacoadldo, Callrorala 91025 ~ ~..5l~~ ~
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Gary M, Szytel RCE240BO LS44S8DATE <!"-
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