Grant of Easement Storm Drainage 1991-0087389
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i~ '- :"RE'CORDING REQUESTED
,c~T~~bF 'POWAY
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NO DOCUMENT TRANsFER TAX NO FEE
273-100-24
1857
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DOC u= 1991-0087389
28-FEB-1991 09=04 AM
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AND WHEN RECORDED'MAIL TO:
CITY CLERK
CITY OF POWAY
P. g.130X 789
POWAY, CA 92064
SAH DIEGO COUNTY RECORDER'S ,OFFICE
AHHETTE EVANS, COUNTY RECORDER
FEES' D. 00
This document affects APN
GRANT OF EASEMENT
STORM DRAINAGE EASEMENT
ROSS RIZZO. A MARRIED MAN .AS HIS SOLE AND SEPARATE PROPERTY
(hereinafter "GRANTOR'!) hereby grants to the CITY OF POWAY (herein-
after "GRANTE,E"}, its successors, or assigns, the following
described easeme'nt for a .right-of-way 20 feet in width, in,. upon,
over, under and a'cross the lands described, l:>elow, 'to er,ect, \,
construct, recoris,truct, replace, repair" maintain, and use a
pipeline or pipeline!,!, 'fo.r any and all purposes, together with .such,
fixtures and appurtenances, including; but not limitedt6,
facilities for power transmission and communication purposes, .q:;t,
such locations and elevations, upon, along, over and unger the
right-of-way described below as GRANTEE may now or 'l1e:r:e<!fter
determine in its sole discretion witho,ut any adc:J.lt:i!onal
compensationther,efor"t.ogether with the right of irig:ress and
egress from the e.as,ementby a practical route or routesiri,upoh,
over, or across the land described below" together with the r,ight
to use this easement for access to GRANTEE" s rights-of~way ~ituated
in adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the County, of
San Diego, State of Carifornia, and is more ,particularly described
as follows, to wit:
SEE EXHIBIT "A" :ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, ,successors, and. assigns, shall not erect or
construct or per'mi:t to, pe erected or coristructed ,any building,
structure or improy,enient on, over or urider.any portion of the
easement', nor sha'll. 'GRANTOR, its heirs, successors, or assigns,
plant any tree or t'rees or plant any othery~geta.tionor flora" nor
dig or drill any hole or wells on any portion of the eas.ement.
GRANTEE may, in its; sole discretion, erect, maintain, or use gates
in a,n:fenceS!c which n.ow cross or later cross ahyportion of the
easement,. , GRANTEE ',shall also be entitled to. trim, cut" or clear
awa,y any tree,s, brush, or other vegetat'iqn or flora from t'ime to
tinie as GRANTEE determines in its sole discretion without any
additional, compensation.
> __.., ,_ '.' _ __ u_ .. . ,~,., ,',....... .....,. 0> .
GRM{TOR agrees that no other easement' or easements shall be granted
on, under 'or over this easement without obtaining the prior written
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eonsent ,of GRANTEE.
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G~ANTEE may at qny time incr~ase it~ ~s~ of the easement, change
ttie !ocat.ionof pipel'iTles .or other facilities within the Doundl1r.ies
of :thffi! 'easemelJt .right-of-way, or modify the size .of existing
pipeiine:s or 6tner improvements ,'as it may determine in its, sole
disc:reti6ii fromtifue to time wAthout paying any additi.onal
conip'ensatTon to GRANTOR or GRANTOR',she:i!rs" s,uccess.ors,.or assigns,
provided,GRANTEEdoes not expand its use .of the easement beyond the
easement boundaries' described ab.ove.
It is also understood and agreed by the parties that the GRANTOR
alid' the GRANTOR '6 heirs, successors , or assigns, shall not increas,e
or decrease or permit' to be increased or 'decreased the existing
gr.ound elevations o:fthe above described easement whichexists.at
the time this d.ocu]Ilent is executed without obtainl.ng the prior
written consent of the GRANTEE. '
In the event .of any dispute involving this Agreement, whether.or
not litigation is cOllllllenced, or if any arbitrati.on pr.oceeding,
administrative pr.oce~ciing o,r litigation in law or inequity,
including any aC,tion for 'declaratory relief, is br.olight to enf.orce
or interpret the pr.ovisions or performance of this easement, the
prevailing party shall be entitled to an awa,rd of ail a-tt.orney',s
fees and the c.osts or thepr.oceeding, w~icp ~hall be determined by
the court or the presidlngofficer having authority t.o make this
determination.
GRANTOR expressly warrants and represents 'that GRANTOR has the
power to grant this easement in accordance with its terms.
I' WITNEflS 'WHEJtE9F, ,the GRANTOR has executed this Easement
this dJ9" d'ay of;.-a:Jt:tiAfZy: , 19 q / .
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ROSSt{I~
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This, is to certify that the interest in~eal pr.operty conveyed
byth'e: deed or grant dated .;\ - ;;>. I . 'i I from R ossf. I L- 7.--'"
to the City
of ,Po~ay, a pcil,it:i:cal ,corporation andlorgOvernmerital agency
is ,h~~~by acceP-t~d by the undersigned .officer or agent .on
beh~lf of the city Council pursuant to alithority c.onferredby
Resolutlo!l,No. 34 adopted on January 20, 198~ and the graptee
c.onsents. to recordation thereof by its dulyauth.orized officer.
By )11'0"" Ii ?'U~
Dated:
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STATE OF CALIFORNIA/A" "'//77.",
COUNTY OF AW <U ~f./
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e .. personally known to-me (or proved to me on the basis of satls-
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q ~efolek?/2:W;Slgned' a NolalY Public in and 101
said State, personally appeared
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far.tory evidence) to be the person{s) whose name(s) is/are sub.
scribed to the within instrument and acknowledged to me thai
he/she/they executed the same.
OFFICIAL SJ:>AL
CAIHliliNE IJ\(Y
NOIA~,Y PUBLIC, CALlFOIlNIA
SAN DIEGO C()lJNlY
My Comm, Expires May 13, 1994
WITNESS m~and official sea~ ~
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.:This area for official notarial seal)
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1860
EXHIBIT "A"
A PORTION OF PARCEL 2 IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO PARCEL MAP NO. 10710, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 20, 1980,
AS FILE NO. 80-392006, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 25050' 17" EAST,
16.65 FEET TO A POINT ON A NONTANGENT 55.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH
3000'51" WEST; THENCE AWAY FROM SAID WESTERLY LINE AND EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38051'06" A
DISTANCE OF 37.30 FEET; THENCE TANGENT TO SAID CURVE SOUTH
54009'44" EAST, 205.02 FEET TO A POINT ON A NONTANGENT 76.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; SAID CURVE ALSO BEING THE
NORTHERLY RIGHT-OF-WAY LINE OF OLD WINERY ROAD PER DOC NO. 90-
551514 RECORDED OCTOBER 9, 1990 A RADIAL BEARING TO SAID POINT
BEARS NORTH 0020' 05" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 20051' 55" A DISTANCE OF 27.68
FEET; THENCE NONTANGENT TO SAID CURVE NORTH 54009'44" WEST, 186.11
FEET TO A POINT ON A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGEL OF 43025'22" A DISTANCE OF 26.53 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY
LINE NORTH 460 30 ' 00" WEST, 7. 62 FEET TO THE SOUTHWESTERLY CORNER OF
SAID PARCEL 2.
G:\WP5l\WPWK\8824SD2
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9620
SOUTHWESTERLY
CORNER, PARCEL 2
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UNE
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L2
DISTANCE
16,65
7,62
BEARING
N 25'50'17 ,E
N 46'30'00" W
CURVE
C1
C2
C3
ARC
37,30
27,68
26,53
DELTA
38'51'06"
20'51'55"
43'25'27
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\' (0 J PORTION TO BE USED
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\' EASEMENT
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PLANNING " ENGINEERING . SURVEYING
311 EAST WASHINGTON AVE.
ESCONDIDa, CA. 92025-2881 . (619) 741-3570
1861
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VICINITY MAP
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RADIUS
55.00
76.00
35.00
SCALE: 1" = 30'
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR STORM DRAIN EASEMENT
OA TE: 0.5/15/1990 J.N. 88 - 24