Grant of Easement Drainage Purposes 1991-0204584
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, . DOCel 1991-0204584
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. . 03-MAY-1991 08=36 AM
. Recording Requested by and
when recorded mail to: SAN DIEGD COUNTY RECORDER'S DFFICE
CITY CLERK ANNETTE EVANS, COUNTY' RECORDER
FEES: 0,00
CITY OF POW A Y 680 HA
P.O. BOX 789
Poway, CA. 92074
Recording Fee: Exempt
(Government Code - Section 6103)
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT OF EASEMENT f0
DRAINAGE PURPOSES ~p~
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Documentary Transfer Tax: Exempt (Revenue & Taxation Code - Section 1 Eil2) , ) ~
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Assessor's Parcel Number: 321-110-45,62 & 71
THE FIRST BAPTIST CHURCH OF POWAY, CALIFORNIA, a corporation
(hereinafter called "GRANTOR") hereby GRANTS to THE CITY OF POW A Y, (hereinafter called
"GRANTEE"), its, successors, or assigns, the following described easement for a right of way (various feet
in width) in, upon, over, under and across the lands described below, to erect, construct, reconstruct,
replace, repair, maintain, and use a pipeline or pipelines from .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 describ"ed below, together with the right to use this easement for access to
GRANTEE's rights of way situated in adjacent land, without any additional compensation therefor.
The land encompassing this ea,sement is situated in the City of Poway, County of San Diego, State of
California, and is more particuhirly described as follows:
SEE EXHIBIT A,attached hereto and made a part hereof
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or
constructed, any building, structure,or"illlprovement on, over or under any portion of the easement, nor shall
GRANTOR, its heirs, 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
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cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees,
brush, or other vegetation or flora fromtime to time as GRANTEE determines 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 l()"any agency supplying water or sewer
servicenidacilities to fue'publicas'GR'ANTEE may"deterrriindh its sole' discretion without paying any
~ ~- S-::aClditionaFccmpensationao:GRi\.NTOR'orJGR ANT:OR;s:heirs;::successors;;or"'assigIis ;:merefor~ -< . . --,-..
GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement
without obtaining their prior written consent of GRANTEE,
Church Easement
page 1 of 2
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, GRANTEE may at any time ,increase its use of thee~semen!; change the location oJ'pipelines, of,other
facilitienvithin the boundaries 'of the easement right of way, or modify the'sizeof existing pipelines or other
improvements as it, may determine in its sole discretion from time to time without paying any additional
comp"ensation to GRANTO!t or GRANTOR"'s heirs, sm:cessors"or'assighs, provided GRANTEE does not
expand its use of the easement beyond the easement boimdaries" described herein.
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 elevation of the' herein described easement which exists at,the'time thisdocumenfis executed without
obtaining the prior written consent of the GRANTEE.
In..,the,eventof any dispute invol1(ing .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 bought to enforce of interpret the pro,vision or performance of this easement, the
prevailing party shalLbe 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 that GRANTOR has the power to grant this easement in
accordance its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement.
Dated: Y-I-5 -9 I
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STATE OF CALIFORNIA THE FIRSTBf\PTIST CHURCH OF POWA Y.
... COUNTY OF SA" .nl~~ }ss. CALIFORNIA. a corDoration.
On QIJ12;L IS /9 '11 ,beforeme, the ~ 'Il ~ j
undersigned, a NotMy pubI~c in and for said State, BY', ~ . .~
personally appeared '-.8,1' ,R yrd $dl $yrd/ Iru.~~e-
the -rR"S7~~_ -&fit!-
thp
oCthe Corporation ~
that executed the within instrument personally BY: ~"
known to me or proved to me on the basis of ~'Il '~~. Tee.-
satisfactory ev~de.nc~ to be the person).. who BY: l~' ..'
executed the wlthm mstrument on behalf of the A. an Hawki ns Trustee
- . Corporation .therein named, and acknowledged to ' "
I \ ~e that such Corpor~tioh executed the wi~in OI.I1lALSEAL
-- mstrument pursuant to Its by-laws or a resolution . (9' . -CAlHY.IIROKAW
t of its board of directors. ; 0"' =~
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. , "" ..' MY.Ccmm. Exp. May 14,1993
WITNESS my hand and offiCial seal. .. . .
_. SIGNATURE: C~ '-~_".--
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1 This is .to certify that the jnteresUn the feal property.conveyed by this deed dated '-i -l S - '\1
from THE FIRST BAPTIST CHURCH OF POWAY, CALIFORNIA to the City of Poway, a
~-=--~ p'~litic:il.c()~r:lli~.!l.!ll).c,!bQ!~~o;,ern.!'leJl [a1j.ag~QSY~~, her,J<!2y, acc~pteq']>yill1e;t!ndersign~.o fticer,gr.agen t.
,. on belialf'of.the CiiyCouncil 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.
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· Date: ~ ;( I 1.'i11 By: ilJ~t:..
Baptisi-,Church :Easement
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CORPORATE ACKNOWLEDGMENT 68-2 .PIt.> <3.""'I-I/Q- ~s
{:
- . On this the/tS ~ay of
State of GAIr'Otf"N/A } 55. Aae/( 19 91, before me,
.
." G-r-Ay ,ft1JkAJAI
County of 'lA/7 P/eg=e
the undersigned Notary Pubiic, personaily appeared
I ~I/ }-'f!!J? -r
l~. . ~
~ rJ8f1;uFlall~ hFl8..,,'tv lito;:;.
I;@ lmF- j!( proved to me on the basis of satisfactory evidence
to be the perso~ who executed the within instrument as
_ __ . ,,,.,.; ..,........~W ~1.A~'71P po_ ....-on behalf of the corporation therein
. ~. BAN 1llEGO~ named, and acknowiedged to me that the corporation executed it.
, . .. .. My Camm. &p. May 14, 1993 WITNESS my hand and official seaL
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Notary's Signature ,
7'iiO'122 NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd,. P.O. 'Box 462s"wciodland:HI11s-..CA 91'364
CORPORATE, ACKNOWLEDGMENT .
3 Ce:,g,-,:7' 0 r-
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'Stateof GL/~ArJln '} 55, I') "" /1.dl'<f(
On this the . -day of 19!j1, before me,
"County of <;',J:rrJ fJiE"}u (171-1" __&'o''k4",)
,
the undersigned Notary Public, personally appeared
AL~:j/l II/!l LDk I;J-S.
D t-'v,,:,sAally ImsvJA 18 A4e
~ proved to me on the,basis at-satisfactory evidence
e~- to be the person9Q who executed the within instrument as
'. IlROl<AW .~~aJ7<tt!!..t1!'- or on behalf ot'the corporaiion therein
.".,.; ..., PllIlIIoCilIiIc
'. SNllllBlO ClClUIfJY named, and acknowledged'to "me that the corporation executed it.
.... :"YyCo!nmi&p.MayI4,1993 WITNESS my hand and officialseaL
W7' &.~r-"
Notary's Signature
7120,122
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Sivd.'. P.O: Box'4625 .Woodlan-d'HiUs"CA 91364
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EXHIBIT A
LEGAL DESCRIPTION
That portion of the Northerly One" Half of the Southerly One Half of the Northwest Quarter
pf the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino
Meridian, in the City of Poway, County of Sim Diego, State of California, described as
follows:
PARCEL A:
A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described
centerline:
Beginning at a point on the centerline of the existing 25.00 foot wide Drainage and Flood
Control easement to the City of Poway as described in deed recorded November 5, 1984 as
Document No. 84-416585 in. the Office of the County Recorder of said San Diego County,
said point being the Northerly terminus of that certain course described as "North 18014'27"
East 94.83 feet" in said deed, said point also being on the Southerly line of said Northerly
One Half;
Thence North 18020'23" East a distance of 23.23 feet to the beginning of a curve concave
Southeasterly and having a raqius of 100.00 feet;
Thence Northeasterly along said curve through a central angle of 44000'00" an arc distance
of 76.79 feet;
Thence North 62020'23" East a.distance of 82.75 feet to the beginning of a curve concave
Northwesterly and having a radius of 60.00 feet;
Thence Northerly along said curve through a central angle of 45000'00" an arc distance of
47.12 feet;
Thence North 17020'23" East a distance of 56.56 feet to a point hereinafter referred to as
"Point A".
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Thence continuing North 17020'23" East a distance of 20.79 feet to the beginning of a curve
concave Southeasterly and having a radius of 48.50 feet;
Thence Northeasterly along said curve through a central angle of73043'53" an arc distance
of 62.41 feet;
Thence South 88055'44" East a distance of 50.18 feet to the beginning of a curve concave
Northerly and having a radius of 296.50 feet;
Thence Easterly along said curve through a central angle of 15.012'27" an arc distance of
78.70 feet;
Thence North 75051 '49" East a distance of 44.93 feet to"the beginning of a curve concave
Northwesterly arid having a radius of 49.75 feet;
Thence Northeasterly along said curve through a central angle of 26030'25" an arc distance
of 23.02 feet to the Easterly line of The First Baptist Church of Poway, California property
-- .-..as-conveyed-by- deed, record~d-March.".!:,.A97.3~as"Do-::ument_No. -7}-053356 of Officia!-
Records in the Office of saidCbunty Recorder, said Easterly line being'the terminus of this
line description.
The side lines of above described strip are to be lengthened or shortened to terminate
Southerly in tlie Southerly line of said Northerly One Half, and Northeasterly in the
Northerly line of said Northerly One Half and said Easterly line of First Baptist Church
b'nd.
Containing 11 ,252 sq. ft. ,1l10re or less.
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PARCEL B:
The Southerly 30JlO feet ofthe Westerly 7.50 feet of the land conveyed to The First.Baptist
Church of Po way, California" a. Corporatiqn by deed recorded October 19, 1984 as
DocumenfNo. 84-395512 of Official Records, in the Office of said County Recorder.
EXCEPTING therefrom that portion lying within hereinabove described Parcel A.
Containing 217 sq. ft., more of less.
PARCEL C:
A strip of land 10.00 feet wide lying 5.00 feet on each side of the following described
centerline:
Beginning at "Point A "here.1nabove described in Parcel A; Thence North 12027'37" West
a distance of 92.44 feet to the NorthefIy line of said Northerly One Half.
EXCEPTING therefrom that portion lying within said Parcel A.
The side lines of above described strip shall be lengthened or shortened to terminate
Southeasterly in the Northwesterly line of hereinabove described Parcel A, and
Northwesterly in said Northerly line of the Northerly One Half.
Containing 724 sq. ft., more or less
Attached hereto and made a part of this Legal Description is a Phit designated as Exhibit B.
This Legal Description and Plat were prepared by me or under my supervision on March
27, 1991.
~Q.~
Eric A. Nelson
P.L.S. 5563
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First Baptist Church
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N'L Y LINE Nl/2,
N 88'55'44" W 443.80' Sl/2, NW1/4, NE1/4
303.80' SEC. 13, T14S, R2W, S.B.M, EXHIBIT 8
60,00' 80,60' C5 32.02'
PARCEL C C4__ q~L4 I WI.Y LINE
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0. I MIDLAND ROAD
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0. 0
~'?:' Cl C2 c.J Cl
(tv ;.., 6 = 44'00'00" 6 = 45'00'00" 6 = 73'43'53"
" ~<,; R = 100.00' R = 60.00' R = 48.50' <:(
~c:,<:J ..; 0
<c~ <:J<V~ ~ .... ~20. 79' T = 40,40' T = 24.85' T = 36.37' a:: I
L = 76.79' L = 47.12' L = 62.41' E'l Y LINE OF
lJ':) c;- i3'.p ~' C5
00 ,,~~<1..,<:>. PT. A C4 BlPTlST
6 = 15'2'27" 6 = 26'30'25"
cO :Sf \'O,,'\. P,O,B, R = 296.50' R = 49.75' 32.00' CHURCH SCALE ,1' = 50'
'v~\"o, n'> PARCEL C
<:> .,0, T = 39.58' T = 11.72' PROPERTY
" / L = 78,70' L = 23,02' ~ _\) !;i i
q," '\i
fa A,P.N, 317-110-45
d ~0 42':'-1
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.... ^,/ L4
~ ^5' L1 L2 L3
N 18'20'23" E N 17"20'23" E S 88'55'44" E N 75'51'49" E
'" ~' 44,93' Z
"- 23,23' 77.35' 50:18' <:( I
<Z' ~ I
UIO ~. '" N 88'56'26" W Cl 1
w", tv . 7.50' ~
"'", ~.i? N 04'48'51" E A.P,N. 317-110-71
>-lD ",'<'q 1.21' ,
Z- !v I .
. w.... <bQ~ -N 69'39'55" W (RAD") OWNER: FIRST BAPTIST CHURCH
::E' tv~ -'(2>
I..&J.... ~ 6 = 01'59'42" OF POWA Y, CALIFORNIA
<n'"
.. '. . R = 110.00' r,~0> ) ri't\
w'o I .0- T = 1.92' NOTE: ALL DATA SHQwt'l HEREON
",Z ) 1\ - lD
W<n 9,'7 "'0 L = 3,83' oy y\y I IS DERIVED FROM RECORD
.... ,
a... \\ ~-\ / '0
W ;!;.., N 18'20'23" E DETAIL I I DENOTES AREA TO BE ACQUIRED
. 26,34' NO SCALE -r\!;/~ ~)>~~ >
"- AREA PARCEL A = 1.1,252 SQ, .FT,~
N N 88'56'26" W AREA PARCEL B - 217SQ, FT.~
;,.
,- 0> . AR~,A PARCEL C = 724 SQ, FT.~
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v" CITY. OF POWAY
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N 88'56'26" W 437.92' TO ~ MIDLAND RD" '\
S'L Y LINE N1/2, eEC/ BSI Consultants, Inc. MIDLAND STORM DRAIN EASEMENT
UXjSTlNG 25' WIDE . 'OJ'
16880 W, 8ERNARDO DR" DR'AWN BY: SHEET
DRAINAGE EASEMENT REC, S1/2, NW1/4. SAN DIEGO, CA 92127 DATE 1
1-.<'; il/5/84 AS NO" 84-416585 NE1/4 SEC, 13 (619) 451-6100 3/27/91 , OF 1
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; 1 IN\ 07788.02 MIDSD,DWG
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