Grant of Easement Storm Drainage 1986-174310
.' ., ' -9"
RECO~D1NG REQUESTED BY,
, "TICOR'f.liLE IN'SURANCE 'COMPANY O.ORNI~
., - ...-'
WHEN RECORDED. PLEASE, MAIL
THIS INSTRUMENT TO:
'00
" -
696' ,
.
8S-17!!310
CITY CLERK
CITY OF POWAY
P. O. BOX 785
POWAY,CA 92064
(-.- "
;:; I"" ...,.... -~-.
,,[C.J"L'" 'J- J" I
. -,_,,, " "l.. ,.
I r..ot-t ,Li,~L Ref',')"''''
.. . ~ . ~ ~..... ..1 .
...t ,,;.,Ullr""J)" :.DU..".....;.. .
." ..".u,.... ,II' '; I
. I " -..
1985 1M" -? ", I' 03
I .... JiJII' I:
"
1'-:: VErsA L, LYLE:LJ
L.E,OUIII Y H(COiWER
-Z6~
~
SPACE ABOVE FOR RECORDER'S USE ONt y
NO FEE
GRANT OF EASEMENT
STORM DRAINAGE EASEMENT
STANDARD PACIFIC OF SAN DIEGO
,
(hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE" 1. its successors , or assigns, the following described easement for a
right of w,ay 20 feet 'in width, in, upon, over under and 'across the lands
described below to erect. construct, reconstruct. replace. repair, maintain, and use a pipe-
lin-e .'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 under the right of way described
below on GRANTEE may now or hereafter determine .in its sole discretion without any addi-
tional compensation therefor. together with the right of ingress and egress from the ease-
ment by a practical route or rOlltesin, upon, over, or across the land described below. to-
gether with the right to use this ease-ment for access to GRANTEE's rights of way situated
in adjacent lands. without any additional compensation therefor.
The land encompassing this easement is situated in the County of San Diego. State of Cal i-
fornia,. and is more particular,ly described as follows,. to wit:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AtJD MADE A PART HEREOF
"
"
\
,
I
Page 1 of 5
.'
r
o
..
..oo~ 6_
"
(SEE 'EXH1BIT "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF)
Grantor, its hei'r,s i successors, and assigns, shalL not erect or construct or permi,t to be
erected or constructed , any building, structure or improvement on, over or under any
portion of the easement, nor shall GRANTOR, its heirs, s~ccessors, or assigns, plant any
tree or trees or plant any other vegetation or flors, nor dig or drill any hole or wells on
any portion of th,e 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 i
cut or clear' away any trees" brush, or other vegetation or flors from time 'to time as,
GRANTEE may deter'mines in its sole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portior;l
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 public as GRANTEE may
determine in its sole discretion without paying any additional compensation to GRANTOR o'r
GRANTOR's, heirs, successors, or assigns, therefor.
GRANTOR agrees that no other easement or easements 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 easelTlent, change, the location of pipelines
or other facilities within the bour'-daries of the easement right of way, or modify 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 to GRANTOR or GRANTOR's heirs, suc-
cessors, or a signs, provided GRANTEE does not expend its use of the easement beyond the
easement boundaries described above.
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 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 com-
menced, or if any arbitration proceeding, administrative proceeding or litigation in law or in
equity, including an action 'for declaratory, relief, is brought to enforce or interpret the pro-
visions or performance of this easement, the prevailing pa'rty 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 that GRANTOR has the power to grant this
easement in accordance with its terms.
In Witness
1Vr.a.f'I'/A
.
.
.,
Whereof, the GRANTOR has executed this Easement this
19 ~~,
;;28'f/..
day of
STANDAR
CIFIC OF SAN DIEGO
By:
- ,
" :.
~~r
,.::- 4.':_:
.. :''':
...... ".--
,,.
- . -
7'
~
"
~
.....-..
By:
.." ..
,I
l ! ~
Page 2 of 5
fJ
"
"
"
ii,
~]
"I
'.
"
..
..
0,:
698
EXHIBIT "A"
EASEMENT FOR DRAINAGE PURPOSES
(To City of Poway)
That portion of the Southeast Quarter of the Southwest Quarter of Section 2,
Township 14 South, Range 2 West, San Bernardino Meridian, in the City of
Poway, CoUnty of San Diego, State of Califorl1ia, according to United States
Government Survey approved September 11, 187.9 beil1g a sJrip of ,land 20 ,feet
wide lying 6 feet easterly and 14 feet westerly of the. following described line:
Beginning at the Southeasterly terminus of the centerlin-e of a 126 foot "Easement
for County Highway" having ,a bearing of South 3604,3'29" East as pescribed in
Deed. to the County of San Diego per File/Page No. 80-363497 Recorded October
30, 1980 in the Office of the Recorder of said County, said Southeastly terminus
being the beginning of a tangent curve concave Northeasterly and having a radi-
us of 1,800 feet; thence, Southeasterly along said curve an arc distance of 149'.55
feet through an angle- of 4045'31" to a point; then,ce radial to said point North
48030'54" East 63 feet to the Northeasterly right-oJ-way line of said "Easement
for County Highway"; s-aid point being the true point of beginning of the hereon
qescribed line thence North 6046'49" East 262.00 feet to the terminus of said
line. the sidelines of said easement to be prolonged or shortened at the
Northeasterly right-of-way I ine of the aforementioned Easement for County
Highway.
II>
,
Page 3 of 5
.
."
-~.
1
..
'"
..
%
..
t.
c
Ii
L
...
.
../...J
.- .-i<'-~
,c
.'
~".
" '
, -
(~
.~
CAT. NO. NN00737
TO 21945 CA,(1-83)
(Corporation)
(gJ TICOR TiTlE INSURANCe
STATE OF CALIFORNIA
COUNTy'OF San Diego
On March 28: 1986 before me. the undersigned, a Notary Public in and for
said State. personally appeared Robert M, Allan
persomilly known to me or proved to me on the basis
of sa~isfactory evidence to be the person who executed
the witIlin instrument as the
President, and .Tprry f.\::l XP
personally known to me or
proved to me on the basis of satisfactory evidence to be
the peRon who executed the within instrument as the
S S 1: . Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such cctrporarion executed the within instru-
ment pursuant to its by-laws or a resolution of its
bo~rd of directors.
WITNESS my hand and official seaL
Signature //,11.,'/ i?~
/
} &5,
"
';~
,
~
OFFICIAL SEAL
JULIE A. KIRK
NOTARYPUBUC-CAUFORN~
SAN DIEGO COUNTY
My Comm. Expires April 26, '989-
(This area fOf. ,?fficial notarial seal)
.; ,.:. ...
"
'-. .
"
- .
, '.OOC 699
PORTION S'::' /I.:! - S"" '/.1'
" C "'T, ,- Vy v''f
SFC2, T 14 S, H 2 W
qar.'
,-" ,v,.
.,..........,..
..............
..............
..............'
/-"-'-""'",'-' ,
................
,.............
..............
.:.;.:.:.:.;.:
, ,
CAMINO DEL NORTE
., SITE
"p SILVERSET
~ " STREET
.jo:"
~.
. ;O~4Ks
lio 0
, ~',DRAINAGE EASEMENT
~ .)-,.p~' SHOWN THUS: ::::::::::}::t>:::::::::~
<l'~-S-~ ~~~ 1-)-
,." 0", ~ ~_ '"
4">-0,\0.p
~6' ~ ()_ l>'~
€' 0 '"t'J! "0
, cP'" O~ ~O i:-..,.
1- ~ o~;.~ ~ '.t ~~
l5'0 ~~~ ~O 6'", ~
17... .p~ ~ 17.p ~~
0;1', Vc is! ~ .~
~.s> ~ '-/).
~ ~.
4ft. -..p"
P.Oe
~ j,
'N~
$00
vd',
~~~
~'>.:;
i:9Q
0,
,< ,
'/.
V
~~ ~
~ /otb
~
........... ..
.;.:.:.'.:.:-:.
'4'
8'
.;.:.;.;.;.;.:.
..............
,>-
~~
"
,,~/
,~V
o']Y
~
,
/bib
li'{g
II,! ..1 ~
!~ IW)}f,=
... ....
... '.<,
j
i.l~Q.a.
~
~
~
,0
o
a!
lU
::l!
o
a.
VICINITY MAP
(NO SCALE)
0' 25' 50' 100'
t-.~~~j~~-~--}-~~
GRAPHIC SCALE
EXHIBIT B
OFFSITE DRAINAGE EASEMENlS
CITY OF POWAY TRACT 4191-IR'
WDLlbDAN ASSOCIATES
W CONSULTING ENGINEERS,& PLANNERS
3633 ("MINO d.1 RIO S,~ SUITE 207rS"N DIEGO..C": 92108' 281.9211
SCALI:; AS SHOWN DATE: JAN 1985 JOB NO, 6709
Page 4 of 5
/
~ -.
"
~ -.
~ ., .
~RTIFICATE OF
..
ACCEPTANCE
700
,00.
I, MARJORIE K. WAHLSTEN, as City Clerk, and agent
for CITY OF POWAY, make the following certification
on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated M'^-n:L d-8, 1'1 ?fie
from S-j--')./\A.&.,^-v"- ~c-i},,,- 0-1. 5",--- I), "')'-)
to the CITY OF POWAY, a political corporation and/or
governmental agency is hereby accepted by the under-
signed 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
or agent.
Dated:
'S.I-'ll>
CITY OF POWAY
By:
~a.+-)~ -J( 2JlJ<Vl---S~
MarJor~e K. Wahlsten
CitY.eerk
(DPS 3/82)
Page 5 of 5