Grant of Easement Storm Drainage 1985-238009
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RECORDINGiREO!JESTED BY: .Itv::).::,;;,;t: ;.:IUgO LOtJ;i j .'f<;':.::.....
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CITY OF POWAY 'i9BS JVl - 2 PM 12: 4 5
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AND WHEN RECORDED MAl L ;-0: COUN T Y r:ECOhDU':
NAME CITY CLERK ,
CITY OF POWAY J
STREET P. O. BOX 785
ADDRESS
POWAY, CA. 92064
CITY
STATE NO fEE
zfp This space for Recorder's use
Title Order No. NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel-No.
GRANT OF EASEMENT
STORM DRAINAGE EASEMENT
STANDARD PACIFIC OF SAN DIEGO, a California Corporation
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CITY OF POWAY, a Municipal Corporation
(hereinafter' 'GRANTOR") hereby grants to___ __ ______ ___ _ ______ __ __ __ __ _________ _________ __________ __ ______~______________...
,
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(hereinafter "GRANTEE"), its successors; or assigns, the following described easement for a right of way__________________
feet in width, in, upon, over, Wlder and across ~e lands described 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, including,
. but not limited to, facilities for power ,transmission and communication purposes, 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 egress 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 l;o
GRANTEE's, rights of way situated,in adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the County of _~~_:r:__~!:r:_~~__.:_, State of California, and is more
particularly described as follows. to wit:
SEE EXHIBIT !lA'1I ATTACHED HERETO AND MADE A PART HEREOF
R E'C E I V'E'D.
JUN 21 1985
PUBLIC SERVICES DEPT.!
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Said e'asement of right of way in the aforesaid'Janda is particularly described as follows:
(SEE EXHIBIT liB" ATTACHED HERETO AND MADE A PART HEREOF)
GRANTOR, its heirs. successors, and ,assigns, shall not erect or construct or penn it ,to be erected,or constructed. any
buildin"i. structure or improvement on, over or under any portion of.the easement. nor shall GRANTOR, its h~irs. successors,
or assigns. plant any tree or trees or plant any other vegetation or flora. nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may, in its sole discretion, erect. maintain, or use gates in all fences which now cross or later cross any
portion of the easement. GRANTEE shall alse;> be entitled to trim, cut, or clear away any trees. brush. or other vegetation or
flora from time to time as GRANTEE detennines in its sole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other
public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the p~blic
as GRAN'TEE may detcnnine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's
heirs, successors, or assigns, therefor.
GRANTOR agrees that.no other easemento~ 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 location of pipe Ii nes or other facilities within
the boun4aries of the easl?ment right of .way, or modify the size of existing.pipeli~~s or other improvements':as it may deter-
mine in its' sole discretion from time to ,time without paying any additional compensaJion to GRAt'JTOR or GRANTOR's heirs,
au.ccessors, or assigns, provided GRANTEE'does not expand its use of the easement beyond the easement- boundaries qe-.
scribed above.
It is ,also understood and agreed by the parties that the GRANTOR and the,GR/\NTOR~s heirs, successors, or assigns,
shall not increase or decrease or pennit-to be increased or decreased the existing ground ele,vations ~f 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 pro-.
ceeding, adminstrative proceeding or li'tigationin law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions or perfonn3.!lce 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 detennined by the court or the presiding officer having au-
thority to make this determination.
GRANTOR expressly. wartants and represents that GRANTOR h'as the power to' grant this easement in accordance with
. ils)enns.
lJn 'Witness W\Jmof, the GRANTOR hes executed this Easement thisn..J-.?t.ll..uday of un~.~~~nn_.._ . 19.~.~_n'
" DIEGO
CIFIC OF, SAN -
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" This 'is, to certify that tlie interest in re3\ p;oflorty CiJr.veyed .? . . :. ~ ,.;' ..... ~ \
by'thedeed or .rant dated IfP-1 f;Dl ~ 1'11'.( ............. .... ............................... ........-. .. --
Robert lA, Allan, Presi.de- ~:,.:.;
-fwm : ~ ~r' d,l) , to ~he City . :,_' :: i,:'jj
of'f~ow:JY, a politica! corpmat~on ~nd/or ~overnmental;agency
is hereby E~cept~d b~"the und('rs:~;j~'d cW:~r or ~gent on bl7 . .. .
half of the City Council ~urs::cr,i t~ "'ll:1Or:ly conierred by
Resol:Jt:on 110, 34 a~opt€d 0' Jar.u:rl 2~1, i 931 ,nd the ...,...................................................................
grantee consents to recorcation tnuaof b, its dulj JUthorilcd
'olticer,
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Dated: (.-,J..7-V'( By Qo.,.Lw. ,
v~ 4:Il, tXt-./2-
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CAT. NO. NNOO131 I
TO 21945 CA (1-83) I ..' 567 (gJ TlCOR TiTlE INSURANCE
(Corporation)
STATE OF CALIFORNIA } &S.
~:. COUNTY OF San Diego
i On June 20, 1985 before me, the undersigned, a Notary Public in and for
/",1 said.Slale, personally appealed Robert M, Allan
j :w "'p.crsona11y known to me or proved to me on the basis
df satisfactory evidence to be the person who executed
It ere within instrument as the
w
X President, and Jerry ,:,axe
w personally known
... to me or
L
~ proved to me on the basis of satisfactory evidence to be OFFICIAL SEAL
. the pers~n whotcxc€ured the within instrument as the JULIE A. Hlm(
t ss~s an .
Secretary of the CorporatIon NOTARY PU3UC. C.~FCRNli\
that executed the within instrument and acknowledged SAN DIEGO COUN1Y
to me that such corporation executed the within instru~ My Comm. Expires April 26, 1989
, ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature t.d'; d.~.J/ ~. .' (This ~ca for official notarial seal) '..'
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E'XHiBIT "A"
PARCEL 1
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERI-
D IAN, ACCORDING TO OFFICIAL P'LAT THEREOF, IN THE CITY OF POWl'iY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 76, CITY OF POWA Y
TRACT NO, 4113-1, ACCORDING TO MAP THEREOF NO, 11.065, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26,
1984; THENCE NORTH 71034'0.9" WEST ALONG THE NORTHERLY LINE OF SAID
LOT 76, 30,00 FEET; THENCE NORTH 18025' 51" EAST, 20,00 FEET; THENCE
SOUTH 71034'09" EAST, 29.74 FEET TO A POINT ON A NON-TANGENT 770,00
FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS NORTH 73003'27" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A tENTRAL
ANGLE OF 01029' 18", 20.,00 FEET TO THE POINT OF BEGINNING.
PARCEL 2
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERI-
DIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 20,00 FOOT WIDE
STRIP OF LAND LYING 10,00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 76, CITY OF POWAY
TRACT 4113-1, ACCORDING TO MAP THEREOF NO, 11065, FILED IN THE
OFF ICE OF THE COUNTY R'EGORDER OF SAN D I EGO COUNTY, OCTOBER 26,
1984 ; THENCE SOUTH 71034'09" EAST ALONG THE NORTHERLY LINE OF SAID
LOT 76, 79.46 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 76,
BEING ALSO A POINT ON A NON-TANGENT 770.00 FOOT RADIUS CURVE, THE
CENTER OF \<HICH BEARS NORTH 71034'09" WEST; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03011"48", 42,96
FEET TO THE TRUE POINT OF BEGINNING; THENCE I)IOR'TH 38044'09" WEST,
55.00 FEET, THE SIDE LINES OF SAID 20.00 FOOT STRIP OF LAND SHALL
BE LENGTHENED OR SHORTENED TO TERMINATE ON THE WESTERLY END AT A
LINE DRAWN AT RIGHT ANGLES TO SAID CE~TERLINE, AND ON THE EASTERLY
END ON A 770,00 FOOT RADIUS CURVE, THE. CENTER OF WHICH BEARS NORTH
74045' 57" I-/EST FROM THE TRUE POINT OF BEG:INNING,
PARCEL 3
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 1, TOWNSHI P 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERI-
DIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 20.00 FOOT WIDE
STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
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EXHIBIT "A" (CONT,)
PARCEL 3 (CO~n,)
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 76, CITY OF POWAY
TRACT 4113-1, ACCORDING TO MAP THEREOF NO. 11065, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26,
1984 ; THENC E SOUTH 71 034' 09" EA ST ALONG THE NOR THER L Y LI NEOF SA ID
LOT 76, 79.46 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 76,
BEING ALSO A POINT ON A NON-TANGENT 770.00 FOOT RADIUS CURVE, THE
CENTER OF WHICH BEARS NORTH 71034'09" WEST; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21032'21", 289,47
FEET; THENCE TANGENT TO SAID CURVE NORTH 03006'30" WEST, 204,23
FEET TO THE BEGINNING OF A TANGENT 20,00 FOOT RADIUS CURVE CONCAVE,
W!;,?TERL Y; THENCE ALONG THE ARC OF SAID CURVE THRQVJ;,H_A_..c;j:NI~f\L - ,-
ANGLE OF 23030'54", 821.00 FEET TO A REVERSE 70.00 FOOT REVERSE
CURVE, THE CENTER OF \-IHICH BEARS NORTH 63022' 36" EAST; THENCE NOR-
THERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
39007'07", 47.79 FEET TO THE3RUE POINT OF BEGINNING; THENCE NORTH
44011'15" WEST"80.00 FEET, THE SIDE LINE OF SAID STRIP OF LAND
SHALL 8E LENGTHENED OR SHORTENED TO TERMINATE ON THE NORTHWESTERLY
END AT A LINE DRAWN AT RI~HT ~NGLES TO SAID CENTERLINE AND ON THE
SOUTHEASTERLY END ON A 70,00 RADIUS CURVE, THE CENTER OF WHICH BEARS
SOUTH 77030'17" EAST FROM THE TRUE POINT OF BEGINNING,
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66 4113-2R
CITY of poWAY TfiACr
PROPoSED <1> N7/o34'09"W- 29.74'
DRAINAGE EASEMENT SHOWN THUS; _ ___ ~~ii);i:ll'~
EXHIBIT"B"
City OF POWAY' TRACT NO, 4113-2R
DRAINAGE EASEMENTS TO
THE CITY OF POWAY " - .
CRAIG BULTHUIS E NOTROMB
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