Grant of Easement Water and/or Sewer Lines & Appurtenances 1991-0087388
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1851
DOC n= 1991--0087388
28~FEB-1991 09~04 AM
AND .WHEN RECORDED MAIL TO:
city Clerk
City of Po way
P.O. Box 7.89
Poway, CA 92064
SAN DiEGO COUNTY RECORDER'S OFfICE
ANNETTE EVANS, COUNTY RECORDER
FEES:
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This s 'ace for Recorder's use
NO DOCUMENT TRANSFER TAX NO FEE
Title Order No.
Tax Parcel No. 273-100-24
GRANT OF EASEMENT
(WATER AND/OR SEWER LINES & APPURTENANCES)
ROSS RIZZO. A MARRIED MAN AS SOLE AND SEPARATE PROPERTY
(hereinafter "GRANTOR") hereby grants to the C.ITY OF POWAY (herein-
after "GRANTEE"), its successors, or ass~gns, the following
described easement :toJ:a right-of-way, in, upon, over, under and
across the 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 u~d.er. tj1e right-of-way descril5ed below as GRANTEE
may now or hereafter de~ermine 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'srights-of-
way situated in adjacent lands, without any additional compensation
therefor.
The land encompassing this easement is
of San Diego, State of California, and
described as follows, to wit:
,situated in the County
is more particularly
PARCEL 2 OF PARCEL MAP NO. 10710, IN THE CITY. OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 20, 1980.
Said easement of right of way in the aforesaid lands is 'particularly
described as -follows:
SEE ATTACHED EXHIBIT "A"
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1852
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G~TOR, its heirs, successors, and assigns, shall not erect or construct
or~'permit to be a-ree,tad or constructed, any building, structure or improvement
on, over or under. any portion of the easement" nor s~all GRANTOR, its heirs,"
suc;::cessors," or a:-ssig"ns", 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 noweross or later cross any portion of the easement a GRANTEE s~all
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 further compensation a
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 publtc as GRANTEE may determine in its sole discretion without
paying any further compensation to GRANTOR or GRANTOit's heirs, successors or
assigns, therefor.
GRANTOR agrees tnat ,no other easement or easements shall be granted on,
under or over this easement without obtaining the pr'ior written consent of
GRANTEE.
GRANTEE may atan,y time increase its useo,f' the easement, change the
location of its pipelines or other facilities within the boundaries of the
easement right of way, or modify the size of exisJ;ing pipelines or other
improvements as it may determine in its sole discretion from time to time without
paying any additional compensation to GRANTOR or GRANTpR's heirs, succesaors, or
assigns, provided GRANTEE does not expand its use of the easement beyond the
easement boundaries described above a .
It is ,also understood and agreed by thepar,ties that. GRANTOR and the
GRANTOR's heirs, successors', or assigns, shall not increase' or decrease; or ,permit
to be increased or decreased' the 'existing ground eleva~ion of the above-des,~ribed
easement which exists at the time this document is exe.cuted 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 any action for declatory
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 a
'.
GRANTOR expressly warrants and represents that GRANTOR has the power to
grant this easement in accordance with its termsa
In..-::..;:; witness Whereof, the GRANTOR has Jiex ted t~hl..' asement this :2/8f
day of ~~ , 19 1'1 .
This is to certify that the intercat in real property c<nvc)'ed \L- ~
() ROSS RIZZO
bY1bed<<dOl.nntda",,~-.:l.~'i\ from ,,",aSS
'K,r2.-'J..v to the City
of Powa)', a political corporati<n mdtor govcmmcnta.l agency
is hereby accepted by the undenigned officer or agcot OD be.-
half of the City CounciIpuntwifto authority coDferred by
ReAOlutioo. No. 34 ~ted on IanU;&iY 20, 1981.and the e:rantee
cementa to recordation thereof by ita duly authorized officcr.
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"
D."", ,;( -.:;lIP -4 \ By Ynu k::' ;W(.vv.,-t.,
STATE OF CALIFORNIA </1... ">-(r2-0 ,\ iss
COUNTY.9F---: In'V LJ CJ..JU ,
On_I--1:::l3&(I~:J/_ll, q~ 7~eto'e me the "ndecs'gned
said Slate. personally appeared__ _ _!;;;J~2:iJ
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personally known to me (or proved to me on the basis of salis"
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scribed to the within instrument and acknowledged t:) me that
he/she/lhey executed the same,
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1853
a Notary Public in and for
OFFICJAL SEAL
CATHERiNE LACY
NOTARY PUBUC CALIfORNIA
SAN DIEGO COUNTY
My Comm. Expires Miff 13. 1994
(This area for official nolClrial seal)
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EXHIBIT "A"
1854 .
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ALL'THAT PORTION OF PARCEL 2 OF PARCEL Mfi& NO. 10710,IN'THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF .THE COUNTY RECORDER OF SAN D'IEGO COUNTY, NOVEMBER 20,
1980, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2;THENCE ALONG
THE EASTERLY LINE THEREOF NORTH Ol012'55" WEST, 32.87 FEET TO A
POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 472.00 FEET, A RADIAL LINE FROM SAID POINT BEARS
NORTH 33050'20" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 02058'42", A DISTANCE OF 24.54
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
EASEMENT; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 04018'04", A DISTANCE OF 35.43
FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 27046'24" WEST, 9.28
FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY,
HAVING A RADIUS OF 277.30 FEET, A RADIAL LINE FROM SAID POINT BEARS
NORTH 71"55'24" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 19017' 31", A DI STANCE OF 93. 37 FEET;
THENCE TANGENT TO SAID CURVE NORTH 01012'55" WEST, 73.33FEET;
THENCE SOUTH 88047' 05" .wEST, 15.00 FEET; THENCE NORTH 01012 '55"
WEST, 10.00 FEET; THENCE NORTH 88047'05" EAST, 15.00 FEET; THENCE
NORTH 01012' 55" WEST, 201.00 FEET; THENCE NORTH 88047' 05" EAST,
28.00 FEET; THENCE SOUTH 01"12'55" EAST, 20..00 FEET; THENCE SOUTH
88047'05" WEST, 8.00 FEET; THENCE SOUTH 01"12'55" EAST, 215.00
FEET; THENCE NORTH 88047 ' 05" EAST, 8 . 00 FEET; THENCE SOUTH
01012'55" EAST, 10.00 FEET; THENCE SOUTH 8,8047'05" WEST, 8.00 FEET;
THENCE SOUTH 01" 12 '55" EAST, 122.89 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED EASEMENT.
CONTAINING 8408 SQUARE FEET OF LAND.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND THE PLAT (EXHIBIT "B"),
.ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION WERE
PREPARED BY ME OR UNDER MY DIRECTION.
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~LA~NCE H. ~RE, L.S. 5486
EXPIRES~ 9-30-92
. 1855.
LINE BEARING DISTANCE CURVE DELTA RADIUS LENGTH
.- U N 46'30'00" W , 99,51' Cl 6. -49'03'12" 472.00' 404.10
L2 N 46'30'00" W 108.42' C2 6. =41'46'26" 472.00' 344,13'
C3 6. 15'22'52" 42.00' 27,86'
C4 6. 9.4'35'24" 76,00' 125.47!
C5 6. =12'29'27" 500.00' 109.00'
C6 6. 62'49'01 " 500.00' 548.18
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SHEET 1 OF 2
CITY OF POWAY
EXHIBIT "B"
WATER EASEMENT
Scale:
," - 200'
A. P. N,
273-100-24
Reference:
TRACT 88-11
Revised
Drawn By MASSON k ASSOC.
Checked By
Approved
Date
.
. 1856 . to
, LINE- BEARING DISTANCE . ...J
L3 N.88'47' 5" E 15.00' (L5
L'4 N 01'12'55" W 10.00'
L5 N88'47'05" E 28.00'
LS N 01'12'55" W ' 20.00' I
L7 N 88'47'05" E 8.00' I
L8 N 01'12'55" W 10.00' I
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CURVE DELTA RADIUS LENGTH '01
C7 /:; = 02'58'42" 472.00' 24.54' ~I
C8 /:; - 04'18'04" 472.00' 35.43' ~I
C9 /:; 1917'31" 277.30' 93.37' .
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CITY OF POWA Y
EXHIBIT "8"
WATER EASEMENT
Scale:
1" - 50'
A.P,N,
273-100-24
Reference:
TRACT 88-11
Revised
Drawn By MASSON &< ASSOC.
Che.cked By
Apprpved
Date