Grant of Easement Landscape and Hardscape Maintenance 1988-288136
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DOCUMENTARY TRA~SFER TAX
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RECORDING REQUESTED BY:
crT,-'!'- 3:[ FOUAY,
neOR TITLE INSURANCE COMRANY OF CALIFORNIA
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O" BOX 789
POWAY, CA 92064
AP'r\J 3d 1- 380 . ~o
:;al-3€o-31
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MOFEE
Recorder's Use)
NO FEE
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 elevationsjupon, along, over and
under the subject easement as GRANTEE may now ,or hereafter deter-
mine in its sole discretion without any addit,ional compensati'on
there~or, together with the right of ingress and egress from the
easement by a practical route or routes in,upon, over, or across
the subject ,land described below, together wibhthe right to use
this easement for access to GRANTEE's rights bf 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 30, 31, and 32 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 tollows:
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 Instrument filed for record by Ticor rille .
insurance Cnmpany 01 California as an accommodatIOn only, It
r,gS n0t 1)880 cX3mined as tn it3 e~ec:~tion or as
to its effect upon the tit!-e.
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STATE OF CALIFORNIA 5\.__
COUNTY OF ~l<<-~~
0, 'hiL_J!L-fLd'Y 01 _T ~
a Notary Public in and for said State personally
known to me to be the
President,
and
oLLO_H kbl<R t/1-r~U'--f~fi &..1:;-"'..
known to me to be the
the corporation that executed
.
1333
___Secret;HY
the within instrument and known to me to be the persons who executed the within
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.19...22. belo.e meL~'k Ihil",'a
'PPwed_~VL<" :r C0 IA U rJ I~
instrument on behalf of said corporation, said corporation being
_~;:;' .':r 10 bi ,one~ol "l'\"""e" 0120.w..~
~w{)e,.yh'-<L> LM
tf~e partnership that executed the Lithin jnstrvm~nl, and acknowl_
edged fa me that such corporation executed the same as such
partner and thaI such partnership executed the same.
OFFICIAL SEAL
EMOKE BRilEY
NOTARYPUBUC. CALIFORNIA
SAN DIEGO COUNTY
M)'Comm EJlp'~'Mo)' 19. J999
(This are<l fOr official notarial seal)
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in all fenceswhicl1 ,J.1aw crass ar later cr'ass any partian af the
easement. GRAN,TEj;;, shall also. be entitled to. trim, cut, ar clear
awaY' anytree'sibr0:sh" ar other vegetatian ar flara fram time to.
time as, GRANTEE determines in ,its sole discretian withaut any addi-
tianal campensatian.
GRANTOR agrees that no. ather' easement, ,ar easements shall be granted
an, under, ar aver this easement withaut abtaining the priar writ-
ten cansent af GRANTEE.
I,t is also. unders:toad and agreed by the parties that the GRANTOR
and the GRANTOR'S heirs" successars, ar ass,igns, shall nat increa'se
ar decrease ar permit to. be increased ar decreased the existing
graund elevatians of the abave described easement which exists at
the time this dacument is executed withaut abtaining the priar
written cansent af the GRANTEE.
In the event af any dispu:te invalving this Agreement, whether ar
nat litigatian is cammenced, ar if any arbitratian praceeding,
administrative praceeding ar litigatian in law ar in equity,
including an actian far declaratary relief, is braught to. enfarce
ar interpret the pravisians ar perfarmance af this easement, the
prevailing party shall be entitled to. an award af all attarney's
fees and the casts af the praceeding, which shall be determined by
the caurt ar the presidlng afficer having autharity to. make this
determinatian.
GRANTOR expressly warrants and represents the GRANTOR has the pawer
to. grant this easement in accardance with its terms.
IN WITNE!t, WHEREOF, the GRANTOR 'has executed this Easement this
1'1 day af JutJe , 19 'i3:r .
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poway Residential Properties, Ltd.
BY: Cannale Canstructian Canpany,
r...,pnprril Prir+l1pr
Inc.
I This is 10 celtify that th: ~i.7l;:' property comeyed
by the deed O~lI1lnt date I 9. froPl Ii W1
.' ~j Ct; n ""0 lie to the City
of Powai'"i 'Political cOrporation and/or governmental agency
is hereby accepted by the undersigned officer or agent on be-
half of ' the City Council pur!'Jant to authority criiliinred by
Resolution No. 34 adopted oil January, 20, 1981 and tile
gra!ltliecons.,nts to reCilrdationthereof by itS duly authorized
officer.
I D~ed:';;'~}I.?/ 68
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BY: Tim J. 7e, President
-r
(Signatures must be natarized and
farm attached)
By
This Instrument filed for record by Ticor Title
In:umncc Company of California as an accommodation only, It
IE:; liat beon examined as to its execlition or as
to its effect upon the title.
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1334
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LANDSCAPE AND HARQSCAPE MAINTENANCE EASEMENT
That pori'Jon of' Lots 30 i 3:1 ana 32 of , Map 11-295 in the City of Poway,
County of San Diego, Sta'fe 'of Ca'J;j.fornia, recorded on July 24,1985 as
fi Ie number 85-263629, described as fo,) lows:
BEGINNING at the, most Easterly corner of said La't 30, being 'a poi'nt
on the a rc of a 1'550 foot rad i us curve" conca,veSoutheaster ly. a
radial Hne to sa i,d, pbInt bears North 42">49-'4)" West; the'nce
Souihwester,ly, along 't,he arc of said curve and';along the Southeasterly
1i nes of sa,i d lot5.30 and 31 through a cenfr,a 1 ang 1 e of 11" 19' 36"
a distance of 306.41 feet; thence tangent to 'said curve along the
Southeasterly 1 ines of sa'id, Lots 31 'and 32 South 35"50'43" West;
2-20.00 feet; then~e leavi.ng said Southeasterly iines North 30"39'45"
East 109.50 feet to a point ,on the Northerly 1 ine of said Lot 32
lying' North 54"09'1}" West; 9.89 feet from the Northeasterly corner
of sa idIot 32 ; thence con,t(nu i ng North 30 "39'45" East 155. 69 feet;
thence North 38"27'03" East 140.92 feet to a point on the 'Northerly
I ine, of said Lot 31 lying North 65"57'47" 'West 30.00 feet from the
Nor'theasterly corner or' said Lot 31; thence fiarth 40"31 '25" East
'75.99 feet thence North 54"52 '49" Eas t 54.0.1 feet; thence North 89"
34')8" East 15.00 feet to a point on the Easterly I ine of said Lot
30; thence along said, EaSterly 1 ine SouthO"25'?2" East 20.00 feet
to the POINT OF BEG,INNING and the end of thLsdescription.
~h:~~~:U~~pla~yledOfJCoralr;cO;d hy Ticor Tille
h' I,orOla as an ac .
as nol heen examined as I 't . COmmodatIon only, It
to its effect upon the title. 0 I S exec~tlOn or as
EXHIBIT 1
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LArDSC~PE AND HARDSCAPE MAINTENANCE
EASEMENT PLAT
P~p.m:I,;By:
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SzytelElIIgllleell"lng
allld~~'a,rnveylllg.lne.
~30,St,ateP 1 ac';S4 f"te Ii
EscOlldkto, C.llfoml.92015
( 9)m.6979
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I, RGE24080 1:54458 DATE
EXHIBIT PLAT