Grant of Storm Drainage Easement 1985-273973
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,. ,..' This ,Space" for, Recorder" s Use
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Recordlng Requested by: I gFFiCI:,l RLCoriDS
Or SAN olrGO CQUII! '(,C~,
City of poway : ' ,
, 1985 JUl 31 PM I: II
And When Recorded Mail To: . /
I _YEP.,.\ L.LYlE.~ I
ci ty Clerk ~UNTY RECOr.D[~
City of poway
P. O. Box 785
Poway, Cali fornia 92064 NO FEE
Title Order No.
Tax Parcel No. 317-490-41
GRANT OF STORM DRAINAGE EASEMENT
THENORA A. SCHAUER, hereinafter "Grantor," an unmarried
woman, hereby grants to CITY OF POWAY, hereinafter
"Grantee," an easement TWENTY (201 fe~t in width, described
in Exhibit A which is attached hereto and made a part her~of
by this reference, for the sole and exclusive purpose that
the said easement shall be used for the construction,
repair, maintenance, replacement, cleaning and inspection of
an underground pip~line sufficient to carry storm water
runoff from the Northerly side of poway Road across said
road, and then acro,ss the Northeaster_ly side of Gran tor's
land to a natural drainage channel abutting the Southerly
property line of Grantor's land, and for no other use or
purpose by Grantee, its agents, assigns, successors or
employees.
The land in which Grantor grants the said easement is
10,cated in the City of Poway, County of San Diego, State of
California, and is described in Exhibit B which is attached
hereto and incorporated herein by this reference.
It is the exp'ressed agreement and intention of the
parties hereto that:
1. ,The easement granted herein shall be the minimum
reasonably p'ossible to accomplish ,the installation and
maintenance of an adequate storm drain;
2. That Grantor, her agents, successors, tenants, and
assigns shall and do retain all r.i:ght'S in, the said land to
use the same in any manner and way not inconsistent with the
purpose of this grant of easement.
3. That Grantee, when exercising its rights under
this grant of easement shall enter, work and depart with all
deliberate speed such as to cause the minimum possible
disruption of any use of said land by Grantor, her heirs,
tenants, agents, successors or assigns.
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Grant of Easement for Storm Drain Page 2
4. That Grantee shall insure that any damage or loss
to Grantor's land, or any interest therein, caused by this
grant of easement; work done under or upon said easement;
and movement of Grantee's personnel, equipment, machinery or
vehicles to, from, over and upon said easement; shall be
promptly cured.
5 . Grantor, her agents, tenants, successors and
assigns shall not hinder, obstruct or interfere with
Grantee's exerc i'se of any or all rights, expressed or
implied under the grant of easement herein.
6. Grantee shall surface finish said easement to
match in quality and kind the surface finish of Grantor's
adjoining land each and every time Grantee, its employees,
agents or assigns breaks or penetrates the preexisting
surface finish under exercise of any right granted under
this easement.
.
i Grantor expressly warrants that she has the right and
power to grant this easement in accordance with its terms.
IN WI,TNESS WHEREOF, Grantor has executed this easement
this ~I> day of ~ , 1985.
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. Thenora A. Schauer
Grantor
L&M Tire Company, Inc. I
a California Corporation
Tenant in Possession
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>- STATE OF CAlIFORNJ'bi 155.
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ro~ COUNTY OF ----.llan _ego ,
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0 On July_26tb..--l9.85 ,before me, the undersigned, a Notary Public in and for I
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~ said State. personally appeared_Tnenora A. Schauer
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r~ ~roved to me on the basis of salis. .; I
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" factory evidence) to be the person(s) whose name(s) is/are sub- e OFFIC!r\L SEAL
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u scribed to the within instrument and acknowledged to me that LEO E JACKSON
,
'0 . NOTARY PUBLIC' CALIFORNIA
oS he/she/they executed the same. SAN 01 EGO COUNT!
N My comm. expires JUN 21, 1;;1119
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~ WITNESS my hand and official seal.
0 "..."re~~ f-~ 4168 Pork Boul..ard, San Diego, M ll2103
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Leo E. Ja#aon
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CORPORATE ACKNOWLEDGMENT
State of California Is,s,
County:of' San Diego
On thjs' 25th dav of July , in the year 1985 , before me the undersiflned
',\
.~ a Notary Public in and'for ttie, San Diego County, personally appec;\red Ray H. Guillaume * * * ;< *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
.....:\ [] personally known to me o proved to me on the basis of satisfactory evidence
J I r.
~- to be the person(s) who executed the within instrument as Secretary or
on behalf of the Corporation herein named and acknowledged to me that the Corporation executed it. ,
(~ (SEAL)
, WITNESS my hand an'[;;Cial seal, ~ -t'
OFFICIAL SEAL
-' BARBARA BUIKEMA
NOTARY PUBLIC' CALIFORNIA _~oG M)-' U ~
SAN DIEGO COUNT! 7 San 'Diego
My oomm, expires DEe 18, 1987 Notary Public in and for the County and State,
My commission expires IIp{"'&:>mb~r ' 6 ,19..$L
P-169x lO-82(Rev.)
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LEGEIolD' BASIS OF 8EARINGS
. JNOICATES.D~AJNA&f EASEt.1ENT
~::~~~~ ~~)~~ j; t:.;::t}:~;}::.:.?:.:.:.:\J THE BASIS OF BEARl1oJ65 ~OR
, THIS DRAWIN6 IS THE NORTH
REFEREIolCE DRAWING LINE OF THE 5W 1(4 OF THE
5E 1/4 OF 5EC.TIOIoJ 14. T.I4-5.,
PARC.EL MAP 30Z.0 R,(', W" ACC.OROIN6 TO RECO'W
OF SURVEY 4704, I.E.,
.'l ee' 4b' 10" W ,
VICINITY <:1;0
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, NO SC.ALE "'., ~O ~a, , PARC.EL NO.
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R'CK ,EN,GI~gRiNG COMPANY
5€2q' :r=:RIARS' :ROAD. SAN .D'EGO. CA 92110
:TELEPHONE .(714) 291-0707
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ENG1NEER,- OF WORK
. DATE
, DRAINAGE EASEMENT:,
IN,PORTION OF THE NW 1/4, OF THE .~E 1/4,OF ~ECTION 14, TI4S" R,2W,
IN' THE' CITY OF POWAY, COUNTY OF ~!<N DIEG9. ,S,TATE OF CALIFORNIA
"r; ,'~ ~,.~, ,~-, ~ ; ~PP~(';" c. I r,~" , ,...ftJ CITY OF 'POWAY, CALIFORNIA
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EXH'r~IT A PAGE 1 OF 2
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nRAINAGE EASEMENTDESCRIRTION
All that portion of the Northwest Quarter of the Southeast
Quarter of Section 14, Township 14 South, Range 2 West,
San Bernardino Meridian, in the Ci ty of Poway, Coun ty of
San Diego, State of California, according to Official Plat
thereof, described as follows:
Beginning at the Northwesterly corner of Parcel 1 of Parcel
Map No. 3020, as filed in the Office of the County Recorder
of said County; thence along the Westerly boundary of said
o
Parcel Map No. 3020 South 4647'40" East 224.98 feet and
South 01013'50" West 44.28 feet to the Southerly line of
said Northwest Quarter of the Southeast Quarter; thence
along said Southerly line North 88046' 10" West 20.00 feet;
then6e North 01013'50" East 1.96 feet to the beginning of a
tangent 75.00 foot radius curve concave Southwesterly;
thence Northwesterly along said curve through a central
angle of 48001'30" an arc distance of 62.86 feet; thence
tangent to' said curve North 46047'40" West 184.29 feet to
the Southerly right-of-way of Poway Road, 100 feet wide;
thence along said right-of-way North 47051'35" East 20.07
feet to the Point of Beginning.
EXHIBIT A PAGE 2 OF 2
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That portion, of the Northwes~ Quarter of the Southeast Quarter of Section
14, Township 14 South, Range 2 West, San Bernardino Meridian, in the County
of San Diego,State of California, according to United States Government
"' ~_.
Survey, described as follows:
X COmmencing at the Southwest corner of the South 417.00 feet of the East
"PA 336
417.00 feet of 'said Northwest Quarter ,of the' Southeast Quarter; thence
, North, along the West line thereof, 417.00 feet to an intersection with
the South line of land describ~d in Deed to Lee E. Doss, et ux, and
recorded July 16, 1953 in Book 4923, page 83 of Official Records; thence
West along said South line, 17.00 feet to the Southwest corner of said
Do~s' land; thence North along the West line of said Doss' land and
I the West line of land described in deed to Harry Wasso, et ux, recorded
June 30, 1954 in Book 5285, page 119 of Official Records, to an intersection
I ,with the Southeasterly ,line of that certain 80.00 foot strip of land
, described as an easem~nt in deed to the County of San Diego,' recorded ~
,
, August 9, 1950, in Book 3730, page 458 of Official Records, 'known as
, Road Survey No. 987; thence Southwesterly along said Southeasterly line,
!
a distance of 543.00 feet; thence Southe'asterly at right angles 222.00
I feet: thence Southwesterly to an intersection with the South line of
r said Northwest Quarter of the Southeast Quarter, distant thereon
North 88046'10" West 437.00 feet from the point of commencement;
thence West along saId South line 104,'.32 feet; thence North 01013'50"
East, 49.70 feet to the TRUE POINT OF BEGINijING; thence retracing
South 01013'50" West, 49.70 feet to the South line of said Northwest
I Quarter of the Southeast Quarter; thence North 88046'10" West along said
South line 124.14 feet to the most Easterly corner' of the land described
in deed to Duane E. Jackson, et ux, recorded January 2, 1969 as File
j, No. 99; thence along the Northeasterly line of said Jackson's land-
I and the Northwesterly prolongation thereof North 46045'40" West,
, 225.79 feet to the c,enter line'of said, Road Survey No. 987; thence
I
I Northeasterly along said center line to a line that bears North
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I 46045 '40" West from ,the TRUE POINT OF BEGINNING; thence South 46045 '40"
East,275.00 feet to the TRUE POINT OF BEGINNING.
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I EXCEPTING therefrom the Northwesterly 50.00 fe~t.
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I ALSO' EXCEPTING therefrom all gas, oil, hydrocarbons and all minerals
, lying ,in, on, or under 'said land; however, no right of entry is reserved
I upon the surface for'the purpose of exploring for or extracting oil,
i gas, hydrocarbons or 'minerals; reserving however, the right to enter
I DR:WC the subsurface for the purpose of extracting same, as reserved in Deeds
2-'22-72 recorded August 31, 1964 as File No. 158595; and September 6, 1966 as
I T'-6836 File No. 144737 respectively.
I 280045-B
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, Exhibi t liB"
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.' CERTIFICATE OF ACCEPTANCE 1,
I, MARJORIE K. WAHLSTEN, as City Clerk, and agent
for CITY OF POWAY, make the following certification
on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated -Sui 4, ,') C. !'1SS
from --['he-V) 0 r k A, 'Sch4.ue.-v-
to the CITY OF POWAY, a political corporation and/or
governmental agency is hereby accepted by the under-
signed 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
or agent.
Dated: 'l-'?l,,-SS CITY OF POWAY
By: Yh~Ll t:' 2fUC<.Mt
Marj(On:e K. Wahlsten
Cit~~rk
(DPS 3/82)
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