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Grant of Easement for Fire Protection & Emergency Access 1983-289359 n ( .. .. .83 - 28 c ~ 50 t:<.,; . "', 20"49'" u V RECORDING REQUESTED ui:) r:n F.::CORD,~O IN~ ) OFFICIAL F.~CORD" , Of SAil IIlt.GO COUril y, CA CITY OF POI'IAY) . . . . . . REG )., V E D' . I 1983 WG 1 7 A}l It): 38 WHEN' RECORDED MAIL TO: '. )- I VFR' l L"l E I . " '''! __ 'M p. Y_ CITY .OF .POWAY :<j::iJ/) I~'OJ IJ . COUNTY RECOROE~.. P.O. BOX 785 ) ..' -- POWAY I CA 92064 ,C. ry .--;,;.-}- 'ltNiY ~I CiT y' C ) :. OFFICE ) (This space for Recorder's use) NO FEE APN No. 323-261-16 GRANT OF EASEMENT (Fire Protection and Emergency Access) KENNETH E. WALKER AND DOROTHY H. WALKER, husband and wife, as joint tenants ------------------------------------------------------------- (hereinafter "GRANTOR") hereby grants to the CITY OF POI'IAY (hereinafter "GRANTEE") its successors and assi9hs, the following described" easement, 20.00 feet in width for fire protection and emergency acces.s, purposes, in and to a portion of the Grantor's real property, situated in the City of Poway, County of San Diego, State of California, which property is more particularly described in the legal description marked Exhibit A, which is attached hereto and made a 'part hereof. Said easement in the above described' property is more particularly described in the legal description marked Exhibit B, which is attached hereto .and made a part hereof. Grantor, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any building, structure, wall, fence, or improvement on ,over I or across any por.tion of the easement which would impair or prevent the use of the easement by fire, police, or other emergency ve~icles or equipment, nor shall Grantor, ~ ts heirs, successors, or assigns plan1; ~any trees or other vegetation" or dig any holes or excavation on any portion of the easement which would impa~r or prevent the use of the easement by fire, police, or other emergency vehicles or equipment. Grantor shall provide gates in all fences or walls which may cross said easement to the width and at such locations as specified by Grantee, acting through its duly appointed Director of Safety Services. Grantee may erect, maintain, or use gates in all fences or walls which now c~oss or may later cross any portion of said easement. Grantor expressly warrants and represents that Gr.antor has the power to grant this easement in accordance \Vi th its terms.. In wi.tness whereof the Grantor has executed this easement this il-rf-- day of (2. ,1.(' A E , 1983. rf?:~ id1)u/ vt/~ 0-~L A --:1/ C../ .tu? "/,hL/ / /7Y: ~._..... TRANSFER T~ $..... . DOCUMENTARY (Signatures must bc'rlotarized. Notary form ,1 t tached) I ~. . 2. :' .... . ( (. EXHIBIT "A" THAT PORTION OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, .. DESCRIBED AS FOLLOWS!: COMMENCING. AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 3 WITH THE WEST LINE OF THE E~ST 825.00 FEET OF SAID LOT; THENCE ALONG SAID WEST .LINE SOUTH 01.024'20" EAST 687.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE ,CONTINUING ALONG SAID WEST LINE SOUTH OP24'20" EAST 82.50 FEET TO THE SOUTHEASTERLY CORNER OF LAND, DESCRIBED IN DEED TO--T.ERRY F . SPAIN , ET UX, RECORDED SEP,T~ EMBER 18, 1968 AS FILE NO. 1612~4 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY DINE OF .SAID SP.lUN '5 LAND, SOUTH' 88035' 40'" WEST 192.37 F'EET: THENCE NORTH 00047'50", WE"T 82.51 FEET, MORE OR LESS, TO A LINE THAT BEARS SQUTH 88035'40." WEST FROM THE TRUE POINT OF BEGINNING,. BEING POINT" A" OF' THIS DESCRIPTl'ON., THENCE NORTH 88035'40" 'EAST TO THE TRUE POINT OF 'BEGINNI-NG. . ""'''''". .....~,,:--.. APN 323-261-16 " " , . '. . 2051 EXHIBIT "B" 'AN EASEMENT OF RIGHT -'OF -WA YFOR FI RE PROTECTION AND EMERGENCY ACCESS, OVER, UNDER, ALON& AND ACROSS A 20.00 FOOT WIDE .STRIP OF LAND LYING WITHIN THAT PORTION OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE, 1 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF POWAY, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, THE CENTER LINE OF SAID 20.00 FOOT WIDE STRIP IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSE.C!ION OF THE NORTH LINE OF SAID LOT 3 WITH THE WEST LINE OF THE EAST ,825.00 FEET OF SAID LOT 3; THENCE ~LONG SAID WEST LINE, SOUTH 01 024" 20" EAST, 770.00 FEET TO THE SOUTHEASTERLY CORNER OF THAT LAND DECRIBED IN DEED TO TERRY F. SPAIN, ET UX, RECORDED SEPTEMBER 18, 1968, AS FILE NO. 16-1'294.; THENCE ALONG THE SOUTHERLY LINE OF ~AID SPAIN'S LAND, SOUJH 88035'40" WEST 384.74 FEET TO THE EAST LINE OF THE WEST 310,00 FEET (measur;edaTong the north line<) OF SAID LOT 3; THENCE . ' - " . ~ ALONG SAID EAST LINE NORTH 00011' 20" WEST 77 ..50 FEET TO THE TRUE POINT OF BEG INN ING; THENCE NORTH 88035' 40" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID SPAIN'S LAND, TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 825.00 FEET OF SAiD LOT 3 AND THE POINT OF ENDING. APN 323-261-16 " . , ; ,." .-'. . 2052 . 'GENERAL ACKNOWLEDGMENT ~a;;:;-"." i ---;:"'-=:l:;:~-~S:;:;~~:~~::::::l ii. Lcd 55. ~ >J ti= . :~ County of t ~ if" , M..y~' ~ .' ~ ''"Z::;'":;;;:: ?:t4j/~ m ~ersOnally known to me ~ i~ : 0 proved to meon the basis of satisfactory evidence. ~ ':j NOl'~:~ to be the person(s) whose name(s) ~ subscribed to the ~ !;, . CIlm="~~S84 . within instrument, and acknowledged that Lt, '! executed it. ~ m WITNESS my hand and official seal. . ,. ;;l ~7iJ'~ 2J. ff- - J4 0 ~ Notary's, ignature ;~' N ....~~----;;,~~e""~~---~~ PARTNERSHIP ACKNOWLEDGMENT - ; " Stateof } 55. Onthlsthe_dayof 19_, before me, :'~ .~ ':'~ County of ,i ~ <, ) the undersigned Notary Public, personaliy appeared ~ ;~ ~ " j o personally known to me ~ ,J ., o proved to me on the basis of satisfactory evidence ,) " to be the person(s) who executed the within instrument on behali of the :~ par\nership, and acknowledged to me that the partnership executed it. .1' WITNESS my hand and official seal. ) .' Notary's Signature :.::-~~~;r-~~~~~~..r___-=--~--:~~.......-~____~~~-=~~__~~~__~~~~~~__...:---____~~ CORPORATE ACKNOWLEDGMENT ~?~~~e~~~~~-r~~~ -~_~_~__~ ~~~~~~~~~~~~~~~~~~~~~~___~_~~.r~- ~.~~~~~~~~~~ '" ., -~..~of' } 55, On this the _ clay of 19_. before'me. .-.......:. ., C " "". County of {: the undersigned Notary Public, personally appeared " '(. ',: .~:: " C personally known to me ,c .~ C proved to me on the basis of satisfac:tory evid"ence ] to be the person(s) who executed the within. instrument as . ~ ,U or on behalf of the corporation therein '~ named, and acknowledged to me that the corporation executed it. ~ WITNESS my hand and official seal. ~ :~ \~ " Notary's Si'gnalure ~\ ',' " -,-'.-'.-.." -..-~---- -. - - -. - ;-'.-'.-.- ~ -.', -, - ,- .-" * - '.-" -: -::-:.* -- -~--'-.-'.-'.-',--.--------.-----.-.--.-- -' -- -" -' -'- ---' -'-'--- -...........----.--.--.~;....---::';--.-.~.--.--.__:.--.--.-'.;.,........-'..;....;..;--.-.;...._;...,,~~~.I . . -..,If,' .. . 20'53 . . CERTIFICATE OF ACCEPTANCE 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 August 11, 1983 from Kenneth'E. Walker and Dorothy H. Walker, husband and wife, as joint 'tenants --------------------------- 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 agel/t. Dated: Aug. 16, 1983 CITY OF POWAY By: m~ I< ~:U~tl..- Marjor~e~. Wahlsten Ci ty Clerk \.... (DPS 3/82)