Grant of Open Space Easement 1986-109745
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RECORDED REQUEaA
FIRST AMERICAN T1~.
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When Recorded Mail To:
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PH 12: 30
City Clerk
City of poway
P. O. Box 789
Poway, CA 92064
I _.vERA L. L YLt;" I
LE9UNTY RECOROE~
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GRANT OF EASEMENT tfJ
DOCUMENTARY TRANSFER TAX J"'-"F-:.o
THIS GRANT OF EASEMENT is made as of November 13, 1985 by
IMPERIAL SAVINGS ASSOCIATION, a California corporation, formerly
known as Imperial Savings and Loan Association ("Grantor") to the
CITY OF POWAY, a municipal corporation ("Grantee"), with
reference to the fOllowing
NO FEE
RECITALS:
A. Grantor is the owner of that certain real property
located in the City of Poway, County of San Diego, California,
more particularly described as:
Lots 98 and 99, of CITY OF POWAY TRACT 4092-R
according to Map thereof No. 11320 filed in
the Office of the County Recorder of San Diego
County, California, on September 10, 1985
("Servient Tenement").
B. Grantee wishes to obtain an open space easement over
portions of the Servient Tenement and Grantor is willing to grant
to Grantee the easement, as set forth in this Grant of Easement.
NOW, THEREFORE, Grantor grants to Grantee a non-exclusive
easement in gross for open space purposes on, over, under and
across those portions of the Servient Tenement described on
Exhibit "A" attached hereto and made a part hereof.
Grantor covenants that:
1. No building, structure or other thing whatsoever, other
than public utility lines and drainage structures, shall be
constructed, erected, placed or maintained within the easement,
except as may be permitted by a major use permit issued pursuant
to the zoning ordinances of the City of poway.
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2. The 'easement may not be used for any purpose other than
open space, without written authorization from the City of poway.
3. No excavation or grading shall be done within the ease-
ment nor shall any sand, soil, rock, gravel or other material be
placed within the easement, except as may be permitted by a major
use permit issued pursuant to the zoning ordinances of the City
of Poway.
Grantee shall have the right, but not the obligation, to
enter upon the easement and to remove from the easement any
buildings, structures or other things constructed, erected,
placed or maintained on the easement contrary to any term, cove-
nant or condition of the easement and to do any work necessary to
eliminate the effect of any excavation or grading or placement of
sand, soil, rock, gravel or any other material done or placed
within the easement contrary to any term, covenant or condition
of the easement.
The terms, covenants and conditions of this easement may be
specifically enforced or enjoined by proceedings in the Superior
Court of the State of California.
The grant of this easement and its acceptance by Grantee
shall not authorize the public or any members of the public to
use or enter upon the easement. The purpose of this easement is
solely to restrict the uses of the land within the easement.
IN WITNESS WHEREOF, this instrument has been executed as of
the date first set forth above.
By
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This is to certify that the
veyed by this Grant of Easement
IMPERIAL SAVINGS ASSOCIATION to
corporation and/or governmen.tal
undersigned officer or agent on
pursuant to authority conferred
Board adopted on l-~-~\
recordation thereof by its duly
interest in real property con-
dated November 13, 1985 from
the CITY OF POWAY, a municipal
agency, is hereby accepted by the
behalf of the Governing Board
by resolution of the Governing
, ~ and Grantee consents to
authorized officer.
DATED: &- \.".'3 ("
CITY OF POWAY
By7n~ k :1lJ~l:A..
MARJOR E K. WAHLSTEN, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this .17'tlL day of. t:.@i2.l)A ic , 19 Y'~ , before me,
..!:JJ..LtJp (: D i-)1.1 f,'l jl'1 R6 , a Notary Public in and for said
state, personally appeared "':\D~I\.I 1('. k:.'\.//C~IJ1- ..' per-
sonally known to me (or proved to me on the basis of satisfactory
ev idence) to be the V i c..t:~ president, and
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Secre-
tary of IMPERIAL SAVINGS ASSOCIATION, the corporation that exe-
cuted the within instrument, known to me to be the persons who
executed the within instrument on behalf of the corporation
therein named, and acknowiedged to me that such corporation exe-
cuted the within instrument pursuant to its bylaws or a resolu-
tion of its board of director..
WITNESS my hand and official seal.
OFFICIAL SEAL
MILDRED L. MAJAROV
NOT ARY PUBLIC-CALIfORNIA
pF/.1NCIPAL OFFlCf IN
SAN DIEGO COUNTY
My Camm. Exp, Apr. 21, 1989
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. NOTARY PUBLIC I
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OPEN SPACE'- LOT 98
ALL'THAT PORTION OF LOT 98 OF (I TY OF POWA Y TRACJ 40n"RACCORD I NG TO MAP THEREOF
NUMBER 11320 F I LEDI,N HiE OFF ICE iOF THE COUNTY RECORDER OF SAN D I EGO COUNTY
SEPTEMBER 10, 1985 jN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF c~L1FORNIA
DESCRIBED AS FOLLOWS: '
BEGINNING AT THE NORTHE;RhYCORNER OF SAID LOT 98; Ti:iENCE ALONG THE NORTHWESTE~LY
BOUNDARY THEREOF, SOU.TH 28034'.1.7" WEST, 160.00 FEET; THENCE LEAVING SAID NORTH-
'WESTERLY B9~N.D,~RY SOUtH 7402,7' 23" E~ST, 50.03 FEET; THENCE NORTH 60002' 48" EAST,
45.79 FEET; THENCE NORTH 160'34'11" EAST, 109.32 FEET TO THE NORTHEASTERLY ,
BOUNDARY OF SAID LOT 98; THENCE ,ALONG SAID NORTHEASTERLY BOUNDARY, NORTH
58017'27" WEST, 50.00 FEET TO THE POINT OF BEGINNING.
OPEN SPACE - LOT 99
ALL THAT PORT I ON OF LOT 99 OF CIT,LOiOd'OWA Y-TRACT-4092-R'"'AGCORD ING TO MAP ,
THEREOF NUMBER 11320 F I LED I N ii-HE OF,FI CE OF THE COUNTY RECORDER OF SAN 0 I EGO
COU.,NTY SEPTEMBEB ,1'6, 1985 I,N THE CITY OF POWAY, COUNTY OF SAN DI EGO, STATE OF
CALiFORNIA DESCRIBED AS FOLLDWS:
BEGINNING AT THE EASTERLY CORNER OF SA,ID LOT 99; THENCE ALONG THE SOUTHEASTERLY
BOUNDARY THEREOF, SOUTH 28034'"f7" WEST, 160.00 FEET; THENCE LEAVING SAID SOUTH-
EASTERL Y BOUNDARY NORTH 68058"46" WEST, 19.57 FEET;' TI:I,ENCE NORTH 33014' 53" WEST,
58.14 FEET; THENCE NORTH 07044"40" EAS:!, 65.64 FEET; THENCE NORTH 58030'43" EAST,
88.28 FEET TO THE NORTHEASTERLY BOUNDARY OF SAID LOT 99; THENCE ALONG SAID
NORTHEASTERLY BOUNDARY, S'OUTH'58"1'ii27" EAST, 50.00 FEET TO THE PO! NT OF BEG! N-
NING.
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