Grant of Easement Drainage Purposes 1991-0204583
\
, . DOC.= 1991-0204583
i':"'.\';;" ~"~';-l:
" ' Recording Requested, by,and 03-MAY-1991 08:36 AM
when'record(,d maWtn:""
SAN OiEGO COUNTY RECOROER'S OFFiCE
'CITY CLERK ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
CITY OF POWA Y HA
P,O.BOX789 676.
Poway, CA. 92074
Recording Fee: Exempt
(Government Code - Seclion 6103) -
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT OF EASEMENT yC
DRAINAGE PURPOSES 'j.j.F' f~
Documentary Transfer Tax: Exempt (Revenue & Taxation Code - Section 11922) ()~f
Assessor's Parcel Number: 321-131-06
JACK R. MITCHELL and ANN L. MITCHELL
(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 described'.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.
Tne land encompassing this' easement issituaied in, the". City of Poway, County of San Diego, State of
California, and is more panicularly described "as follows:
SEE EXHIBIT A, attached hereto and made a pan hereof
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, 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
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 from time to time as GRANTEE determines in its sole discretion without
any additional compensation,
GRANTEE shall be entitled to" panition, assign, joint venture, or share all or any portion of this easement
with any other public agency or utility in~.luding, but not limited to, any agency supplying water or sewer
serviCes or facilities to the public as GRANTEE may determine ih its' sole discretion, without paying any
- . - _- - .. ," "._' ~.. ,.- _. -".or "'--_ ~~~..:.__.-__
:F-_: ~ ------additiGn~:..icOr(l.iK::.i15ati6rl;..tu~Gi\.AJ ';~0R:;'or~Gi;:A:N;r0R.lfheirs,;_ successors,'or-,:assign~~L.l1erefor .-- - --- ~
Mitchell Easement -
pagelof2
..c,~ . .
. I.' 677 .
GRANTOR agrees that no othei'easement or easements shall be granted on, under,or over this easement
without ootainingtheir prior ~ritten consent of GRANTEE.
GRANTEE may ata'n)'time increase.its use of the easement, change the location of pipelines,or other
facilities within .theboundaries of the easement right of way , ormodify the size of existing pipelines or other
improvements as it may determine in its sole discretion from time to time without paying any additional
compensation'(o GRANTOR or GRANTOR"s heirs, successors, or assigns, provided GRANTEE does not
expand its use of the easement beyond the easement boundaries 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 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 bought to enforce of interpret the provision or performance of this easement, the
prevailing party shall be entitled to an award of all attorney's fees and the costs of theprocee"ding, 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 its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement.
Dated: '11/ sjt:t I _
STATE OF CAL\FORNJA ~/l ~
COUNT: OF ~fl-III DJ F(.,O }ss, J R, MITCH~LL. .
on~mL, i ~ I 9 cr ,_, before me, the ~ --1 NIl/-:+- ~
underSIgned, a Notary public in and for said State, ... ^ IIV (,
personally appearedJACK R. MITCHELL and ANNL. MITCHELL
ANN L. MITCHELL personally known,to me or
proved to me on the basis of satisfactory evidence
to be the persons whose names are subsctibed.to
the within instrument and acknowledged that" they
executed the same. .
G....~. OFFICIAL NOTARY SEAL
. ....: ; . "". CELIA VALENTINE
WITNESS my hand and offiCIal seal. ;~-flD 2' N.~tary Public - Calilomlo
.\: , , SAN OIEGO COUNT\'
SIGNATURE: tf:--et~Jv t/rtf~ '"., MyComm.E,pirss OCT 24,IGG4
This is to certify that the interest in the real property conveyed by this deed dated ~~L ':)-'1. (
from JACK R. MITCHELL and ANN L. MITCHELL to the City of Po way, a political corporation
and/or governmental agency is hereby accepted by the undersigned 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.
--~ - . ----- ~-.,---...... - --~-- --=- ~ - -__...: ~-,,-;~ -~~ .. ..-. >0- -- '~..:<-.;---~-:~-_ ....-~---~~--~"""::.- :l
D'. ~ ;;1, i~'1 BY~ k'11I"",,:t:. .. ----~
Mitchell Easement _
page 2 of2
". . EXHIBIT A .
. ,""'..
{i~~ ' .,......
678
LEGAL DESCRIPIlON
Thatportioii ofLot4," Section"], Township '14.South, Range' 1 West, San Bernardino Mendian,
in the City of~oway, County 'orSan Biego, State of California, according to United States
Government SUIYey approved Sepiember rI, 1879, described as follows:
Beginning at the intersection of the centerline of Sonierset,Road (60,00 feet wide) with the
'Westerly line of said Section 7, all as shown on City of Po way TraCt 86-04, recorded as Map
No. 12711, File No. 90-516209 of Official Records, in the Office of the County Recorder of
,said County, said Westerly line also being the Westerly lihe of the land conveyed to Jack R.
Mitchell and Ann L. Mitchell by deed recorded June 16, 1986 as Document No 86-2416010f
Official Records, in the Office, of said County Recorder;
Thence North 00009'17" West along said Westerly line, a distance of 77.08 feet to the
Northwest corner of said Mitchell land;
Thence South 88098' 17" East along the Northerly line of said Mitchell land a,distance of 40.02
feet to a line parallel with and 40.00 feet Easterly, as. measured at rightangles, from said'
Westerly line;
Thence South 00009' 17" Eastalong said parallel line a distance of 15.01 feet to a line parallel
with and 15.00 feet Southerly, as measured at right angles, from said Northedy line of the
Mitchell land;
Thence North 88008'17" West along said parallel line a distance of 25.02.feet to a line parallel
with and 15.00 feet Easterly , as measured at right angles, from said Westerly line;
Thence South 00009' 17" East along said parallel line a distance of 61.89 feet;
Thence North 88049'39" West a distance of 15.00 feet to the POINT OF BEGINNING.
Containing 1530 sq. ft., ;more ot"'less.
Attached hereto and made apart of this4gal Descriptionis a Plat designated as ExhibihB.
This Legal Description and Plat were prepared by me or under my supervision on March, 15,
1991. '
~().~
Eric A. Nelson
P.L.S. 5563
Mitchel
.IN: 7788;02
tl
Ii
EXHIBIT B jl
I I
~ I,
0:. ~ NW COR. N'L Y LINE I
~ 32' MITCHELL LAND MITCHELL LAND '
S BB'OB'l7" E 33975'_ ,(
~ 40,02" II
C ~~ r-~
--'
o I
~ '
I ~ ~~ i>t ,:
h 0\ r
. V ^
b g <':\" ~I\'
_ N BB'49'39"~ <0 _ 1321.76' ? 0 \" " '0,'\ l
I "-- ~ SOMERSET ROAD - ~~ ;:) ,
b P.O.B. <,:)'\ ~ I
~ n 0
" <:C:H
32' ~ -\L-t'
C., ,\ W, L, Y LINE /1 \
, --' ,,) -~ SEC. 7 'Be ·
I ~~ B D .) /f -\'\ MITCHELL , V G ' JACK R. Be ANN L. MITCHELL.
) t>. G \ -'(f-> LAND ~)y DEED REC,6/16/8.6,
-\ '1\' ~O' DOC. NO. 86'"""241601 O.R.
\'J\ p.,?
N BB'OB'l7" ,W 340,B4' ~
LINE DIRECTION DISTANCE
'E1N BB'OB'17" W 25.02 OWNE'R: MITCHELL
l2:, S 00'09'17" E 15,01 ", .
"1:3' N B6:49'39" W 15,00 I ASSESSOR S PARCEL NO.:
321-- 013-06
NOTE: ALL DATA SHOWN HEREON CITY OF POWAY
, , . ' BSI Co~sultonJs, Inc. IS DERIVED FROM RECORD ~. '" '
/:S;,~ 16BBO W, BERNARDO DR. MIDLAND :.TORM DRAIN EASEMENT
. ':,:" . _ .:' , _" _ SAN,OIEGO: CA 92127 DENOTES AREA TO BE ACQUIRED ' "
, ," ,(619) 45,1-6100 ~ ~ AREA = 1530 SQ.FT.:t DATE DRAWN BY: SHEET
," '" , 3/15/91 H WoW 1 OF 1
':,," IN:" 077BB"02 MIDSD,DWG ""', .
jl;