Grant of Easement for Public Utilities 1991-0204577
)~~.:~.::...~In, DOC.: 1991-0204577 cV
-..~.. . 0'3 MA"v '1991 08-'76 AM
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"
, SAN DIEGD COUNTY RECDRDER'S OFFICE
. L1"'''TTF -'JA'''' C'U'II,,-0 (,rCO"Dcr,
~m'l[ _ 1:' I N;:;~ -fIll hE. '_?\ t!'\'.
RECORDING REQUESTED BY: ) 6.49 FEES: 0.00
)
'CITY OF' POWAY )
)
AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
) (This space for Recorder's Use)
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This document affects APN 323-091-01 G/
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GRANT OF EASEMENT FOR PUBLIC. UTILITIES
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CharlesL. McLauchlan and Riley J. Lively ,( her e in
after" "GRANTOR"), hereby grants to CITY OF POWAY, (hereinafter
"GRANTEE"), it succes~ors, or assigns, the following described
easement for a right of way in, upon, over., under, and across the
'..lands described below, to erect, construct, reconstruct, repiace,
repair', maintain, and use a conduit or .condui ts for public
.uti.lities including but not limited to E!lectric, tel'ephone, and
cable television, together with such fixtures and appurtenances,
.at such locations and el'evations, upon., 'along, over and under the
ri'ght 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 lafld' described below, together with the right
to use this easement for. 'access to GRANTEE' s right of way
situated in adjacent lands, without any additional compensation
therefor.
The land encompassing. this easement is situated in the County of
San Diego, Sta.te of Ca'lifornia, and is more particularly
described as follows, to wit:
Sai.d e,asement of right of way in the aforesaid lands is
particularly described as follows:
(SEE EXHIBIT 'A')
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"''';''~~'. ' 8S0
GRANTOR, . 'its heirs" successors and assigns shall not ,er,ect; or
constructor permit to be erected or cons.tructedany buildIng.',
structure ,or xmprovement or plan.t any tree or trees or plaIit any
()tp.e'r v:eg$;'j::,at:.:tpn ,or flora wi thin said easement without the
expre~s ,writtEm.."approval of the City o:f p,owayas ,evidenced by the
signatu're' of the D'irector of Public Se;r:vices on an approved plan.
GRANTOR. its heirs, successors and assigns ~hall not dig or drill
anY hole or wells on any portion of the easement.
'GR,A-NTOR agrees that no other easement or ea'sements 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 pipelines or other facilities wi thin the
boundaries of the easement right of way, or modify the size of
existing conduits or other improvements as it may determine in
its sole discretion from time to time without payil)g any
additional compensation to GRANTOR or GRANTOR's heirs,
successors, or assigns, provided GRANTEE does not expand its us.e'
of the easement beyond the easement boundaries described above.
It is also understood and agreed by the parties. that the, .GRAN'l'OR
and the GRANTOR's heirs. successors, or assigns, shall not
increase or decrease 02:' permit to be increased or decreased the
existing ground elevations of 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 proceeding,
administrative proceeding or litigation .in law or in equity,
including an action for declaratory rel.ief, is brought to enforce
, or interpret the provisions or performance 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 determined
), by the court or the presiding officer having authority to make
'. this determination.
GRANTOR expressly warrants and represents -Chat GRANTOR has the
power to grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
'"",,'74th day of July , 1990 .
This Is It. certif)'~lltheinrerest In reolpruparty con. Calif. Partnership
IIylhe deed .~arant d8ttd '1,.;l'j ''i c fro'" C-k,.l f ~ L
inl-k~(dt4- <I. 'K;I~ 'To Live/"" llilheCitJ "'-
of PoW8Y, a poliiical corporation snd/orgoYemmental qencr
is hereby accepted by the undersigned office.' or agent on'fl6; ,
halt of the City Council pursuant to, authority COIIferred IIy
Resolution No, 34 adopted on January 20. '1981 aml the
grllii~fij~;"IltIW~its duly authorized
. .
officer,
Dated: ~yYhU K ~~
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STATE OF....'CS~gDEl1~a................., },. PART:\ERSHIP Foml 651
County of..... .....!:gL...~~g<?. ...... ..........
On this, "'~~ ~,I:.",day or."" ",J.~l'y' ""..." "A,D" 19,9,O",before me, "B,~.~.~x..,I;,:,,~~~~,"',r, ,...,..""". ....,......."." ,'..'
8 Notary Public in and (or the 6aid Coun~'enf. State. rCJiding therein, duly commissioned and sworn, personally sppeared......
. Linda McLauchlan, Attorney n act an k .
i ~..i .......................................................R1:I:ey..3';"!,'ive-.ly no",,'Tl La r:le to be one or the partners of L1e partnership that
I executed the within instrument, and acknowledged to me that 5uch partnership executed the same.
.', ]n l.!Jitnrss U)IJrrrof. I have hereunto set my na."ld and affixed my oificial seal t.he day and year in this certificate 'first.
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above ....Tillen. "
OFFICIAL SF-A L ,..,..,...,..,..&7fi:;;z:.~~,.."..,..,..,..,..".
~...,i<<. BHTY l SEitER
r~OTA~Y PUBLIC - CAU~ORNlA ,. Notary P6blic in and for said County and SLale.
SAN DIEGO COIINl'I if
My comm. expires JU'N 1, 1993 :.
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". -. -,-,"-' EIIHiBIT "A'~ ~ ~
PARCEl; L-1 '- GENERAL UTILITY EASEI'lENT
r;".
THOSE P,ORTJ'ONS OF THE. $01'.n;HEAST QUARTER OF THE NORTHEAST QlJAR'l'ER OJ!
AND OF THE' NOR'l'HEAS'r QUARJ'ER OF THE SOUTHEAST QHAR'l'ER OF 'SECTI01<
:19, T01'JtlSH1p i4' ,SOUTH,RANGE 1 \<EST, SAN 'BERNkRDI.NOMERIDIAN, iN
THE CITY 61" P01'1AY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FO.LL01,S:
COi1MENCING AT THE SOUTH1,EST COP.NER OF THE NORTHEAST QUARTER OF THE
SOUTl-I1'IEST QUARTER OF SAID SECTION 19; THENCE ALONG THE SOUTHEP.LY
LINE Ti-lEREOF, SOUTH 88019 "53" EAST 759.58 FEET TO A POINT ON A NON-
TANGENT 2053.50 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE
TO 'SAID POINT BEARS' SOUTH 11026 , 20" EAST; T'i'{ENCE LEAVING SAID
SOUTHERLY LINE AND NORTHEASTERLY ALONG SAID CURVE .THROUGH A CENTRAL
ANGLE OF 19032' 40", A DISTANCE OF 700,48 FEET; THENCE TANGENT TO
SAID CURVE NORTH 59001'00" EAST 361.18 FEET; THENCE NORTH 59021'50"
EAST 165,00 FEET; THENCE NORTH 59058'17" EAST 120.02 FEET, THENCE
NORTH 59001 '00" EAST 366.28 FEET TO THE BEGINNING OF A TANGENT
2056.50 FOOT RADIUS CUP.VE CONCAVE NORTH\'IESTERLY; THENCE
NORTHEA.STERLY ALONG SA'ID CURVE THROUGH A CENTRAL ^!'IGLE OF 03049' 51"
1'. DISTANCE OF 137.50 FEET TO THE BEGINNiNG OF A COMPOUND 1334.8.6
FOOT RADIUS CURVE CONCAVE NORTHI'IESTERLY, A RADIAL LINE BEARS SOUTH
34048' 51" EAST; THENCE N'ORTHEASTERLY ALONG SAID CURVE THROUGH i<
CENTRAL f\NGLE OF 05017'43" A DISTMICE OF 123.37 FEET; THENCE
TANGENT TO SAID CURVE NORTH 49053' 26" E!;ST 36.18 FEET TO THE
WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER.
AND THE TRUE POINT OF BEGLNNING.; THENCE NORTH' 49053' 26" EAST 3:i. 60
FEET TO THE BEGINNING OF A TANGENT 199.0.02 FOOT RADIUS CURVE
CONCAVE NORTH\,ESTERLY, THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 02052' 10" A DISTANCE OF 99.66 FEET TO
THE BEG:fNtHNG OF A COMPOUND 2053.50 FOOT RADIUS CURVE CONCAVE
NORTHHESTERLY, A RADIAL LINE BEARS NORTH 42058' 44" j,'EST; THENCE
NORTHEASTERLY ALONG .SAID CU'RVE THROUGH A CENTRAL ANGLE OF 01018' 16"
A DISTANCE OF 46.76 FEET, THENCE TANGENT TO SAID CURVE NORTH
45043'00" EAST 408.23 FEET TO THE BEGINNLNG. OF A TANGENT 1946.50
FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY; THENCE NC:JRTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL MiGLE OF 30033' 11" A DISTANCE OF
1037.9'7 FEET TO THE EASTERLY LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER AND A POINT HEREIN DESIGi<ATED AS POINT "F",
THENCE. ALONG SAID LINE SOUTH 01056'20" HEST i'0,'3'9 FEET TO A POINT
ON A POlj-,TAt;lGENT 1936.5.0 FOOT RADIUS CURVE C()NCAVE SOUTHEASTERLY,
A AADIALLl:NE TO SAID POINT BEARS NORTH 13048' 48" \,EST; THENCE
SOUTH\~ESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30028' 12"
A DISTAN.CE OF 1029.34 FEET; THENCE TANGENT '1'.0 SAID CURVE SOUTH
o .
4543'00" \-lEST 408.23 FEET TO THE BEGINNING OF A TANGENT 2063.50
FOOT RADIUS CURVE CONCAVE NORTH\-IESTERLY; THENCE SOUTH\-IESTERLY ALONG
SAID CURVE T'HROUGH A CENTRAL ANGLE OF 01018'16".A DISTANCE OF 46.93
FEET TO THE BEGINNING OF A COMPOUND .2.00.0.02 FOOT RADIUS CURVE
CONCAVE' NORTH\'ESTERLY, A RADIAL LINE BEARS NORTH 42058' 44" WEST;
THENCE SOUTHHESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
r""-"-' . ,
- "" .,
-,
6;;3
02052" IO!' A ~D:r.STAk!c'E' ot 10.0.16 FEET; THENCE, 'TANGEN.T TO SAID CURVE
SOUTH 4'905J'-2'6"WE'ST '42'.. 4.,~FEET TO SAID' \'IESTERLY LItlE OFSAto
tiORTi4EASTQUARTER OF THE SOUTHEAST QUARTER';' THENCE ALONG SAID
\'!ESTERLY rXf,m NORTH 010}1' 13" EAST 13.]8 FEET TO THE TRUE POINT OF
I3EGH1NING.
CONTAINS 0.]74 ACRES MORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
"8", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, \'IAS
PREPARED BY ME OR UNDER MY DIRECTION.
SIGNED: -!l'.Af3'f?~aI! '7 #.oftD
I
. VID B. RAG D, L.S. 5173
LICENSE EXPIRES: 6-30-91
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DBR/HRD/CES
;1\ltD/CES
12-8-89
JOB NO. 5725-007
No. 5173
, '.,'.:,.. ,~'- IKHIBIT "A" 'I
PARCEL L-2. - G.ENERAjJ UTILITY EASE!-1ENT G.t:-
.'<.J,f
THOSE PORTIONS OF THE SOUTHEAS'T QUARTER OF THE NORTHEAST QUART'ER
ANDOF'T'HE, NORTHEAST QUARTE'R OF THE SQUTHEAST QUARTER OF SECTIOlJ
-' , .
19 ,'TOHNSHIP 14 SOUTH, RANGE 1 1-IEST, SAN BERNl\FDINO MERIDIAN, IN
TI:lE COITY OF POI-JA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRII3ED AS FOLLOHS:
COMMEHCING AT SAID POIHT "F" DESCIUBED IN 'SAID PARCEL L-l, SAID
POINT BEING LOCATED ON THE EASTERLY LINE OF SAID SOUTHEAST QUARTER
OFT-HE NORTHEAST QUARTER, THENCE ALONG SAID EASTERLY LINE NORTH
'01056'20" EAST 110.90 FEET TO A POINT ON A NON-,TANGENT 2053.50 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT
BEARS NORTH 12053' 4'0'" \-JEST AND THE TRUE POINT OF BEGINNING; THENCE
SOUTHHESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31023' 20"
A DISTANCE OF 1124.99 FEET; THENCE TANGENT TO SAID CURVE SOUTH
45043'00" \-JEST 408.23 FEET TO THE. BEGINNING 'OF A TANGENT 194.6.'50
FOOT RADIUS CURVE CONCAVE NORTH1-IESTEnLY, THENCE SOUTHI-JESTERLY !'.LONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 01018' 16" A DISTANCE OF 44.32
FEET TO THE BEGI-NNING OF A c'Or'lPOUND 1650.51 FOOT RADIUS CURVE
CONCAVE NORTHHESTERLY, A RADIAL LINE BEARS SOUTH 42058' 44" EAST,
. . . -.
THENCE SOUTHI-JESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01006'19" A DISTANCE OF 31.84 FEET TO THE HESTERLY LINE OF SA-.l:D
I'iORTHEAST QUARTER OF THE SOUTHE;',ST QUARTER, THENCE ALOI'iG SAID
I-iESTERLY LINE NORTH 01031' 13" EAST 13.80 FEET TO A POINT ON A NON-
TANGENT 1640.51 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 42012'17" EAST; THENCE LEAVING SAID
LINE AND NORTHEASTERLY .ALONG SAID CURVE THROUGH' A CENTRAL ANGLE OF
00046' 27" A DISTANCE OF 22.16 FEET TO THE BEGINNING OF A COI1POUND
1936.50 FOOT RADIUS CURVE CONCAVE NORTHHESTERLY, A RADIAL LINE
BEARS SOUTH 42058-' 44" EAST, THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE" OF 01018'16" A DISTANCE OF 44.09 FEET;
THENCE TANGENT TO SAID CURVE NORTH 45043'00" EAST 408.23 FEET TO
THE BEGINNING OF A TANGENT 2063.50 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRl,L ANGLE OF 31027 '44" A DISTANCE OF 1133.11 FEET TO SAID
E!'.STERLY LINE OF THE SOUTHEAST QUi\RTER OF THE NORTHEAST QU.I\RTER;
THENCE ALONG SAID LINE SOUTH 01056'20" HEST 10.34 FEET TO THE TRUE
POIHT OF BEGINNING.
CONTAINS 0.369 ACRES NORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
"B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, \-IAS
PREPARED BY ME OR UNDER MY DIRECTION.
SIGNED:
.
DBRjl,nW/CES
/tW\)"CES
12-8-89
JOB NQ. 5725-007