Grant of Easement for Fire Protection & Emergency Access 1983-289358
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CITY OF POWAY , . '''OFFICIA.L f'ECORGlS .1
RECEIVED " . n -~., "'n ...' 'v .
. OF S.-,h "'tl'l: "".U~I "C;\,I
WHEN RECOROEDMAIL TO: ) l~iB3 AUG 17 m 10: 38
SEP ~ 0 19~3
CITY OF POIvAY ~VERA L, LYLE j
P.O. BOX 785 CITY C F POW^" COUHTY RECORO~
POWAY., CA 92064 CITY CLE RK'$ OFFICE
) NO FEE
) (This space for Recorder's use)
- APN No. 323-261-15 GR~NT OF EASEMENT
(Fire Protection and Emergency Access)
EMERSON A. WALKER AND BETTINA H. WALKER, husband and wife, as joint
tenants ------------------------------------------------------------
(hereinafter "GRANTOR") hereby grants to the CITY OF POWAY (hereinafter IIGRANTEE")
its successors and assigns, the follrnving described easement, 20.00 feet in width
for fire protection and ez:nergency access 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 hE>reto 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, or across any portion of the easement which would impair or prevent the
use of the easement by fire, police, or other emergency vehicles or equipment, nor
shall Grantor, its heirs, successors', or assigns plant any trees or other vegetation,
or dig any holes or excavation on any portion, of the easement which would impair 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 cross or may later cross any portion of said easement.
Grantor expressly warrants and represents that Grantor has the power to grant this
easement in accordance with its ,terms. .".. -,""
In witness whereof the Grantor h~s executed this easement this II'//' day of
JtUl. u r 7' , 1983.
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'EXHIBIT "A"
THAT PORTION OF LOT 3IN SECTION 18, TO'i'INSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERN-
MENT SURVEY, DESCRIBED AS FOLLOWS:
. COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 3
WITH THE WEST LINE OF THE .EAST 825.00 FEET OF SAID LOT, THENCE
ALONG SAID WEST LINE, SOUTH 01024' 20" EAST, 770.00 FEET TO THE
SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO TERRY F. SPAIN,
ET UX, RECORDED SEPTEMBER 18, 1968 AS FILE NO. 161294, THENCE
ALONG THE SOUTHERLY LINE OF SAID SPAIN'S LAND, SOUTH 88035'40"
WEST, 192.37 FEET TO THE TRUE POINT OF BEGINNING: THENCE
CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 88035'40" WEST,
192.37 FEET TO THE SOUTHWESTERLY CORNER OF SAID SPAIN'S LAND:
THENCE ALONG THE WESTERLY LINE OF SAID LAND. AND THE NORTHERLY
PROLONGATION THEREOF NORTH 00011'20" WEST, 330.07 FEET, THENCE
. - . . -
PARALLEL WITH THE SOUTHERLY LINE OF SAID LAND, NORTH 88035'40"
EAST, 188.86 FEET TO'A LINE WHICH BEARS NORTH 00047'50" WEST
FROM THE TRUE POINT OF BEGINNING: THENCE SOUTH 00047'50" EAST,
330.02 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 252.5.0 FEET THEREOF.
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APN 323-261-15
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EXHIBIT "B'"
AN EASEMENT OF RIGHT -OF-WAY FOR FIRE PROTECTION AND EMERGENCY ACCESS"
6VER,uNDER, ALONG AND .AGROSS 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 INTERSECTION OF THE NORTH LINE OF SAID LOT 3 WITH THE
WEST LINE OF THE EAST 825.00 FEET OF SAID. LOT 3; 1HENCE ALONG SAID 'WEST
LINE, SOUTH 01 024'20" EAST, 770.00 FEEl TO THESOUTHEASTERL Y CORNER OF
THAT LAND DECRIBED IN DEJD TO TERRY F. SPAIN, ET UX, RECORDED SEPTEMBER
18, 1968, AS FILENO; 161294; THENCE ALONG THE SOUTHERLY LINE OF SAID
SPAIN'S LAND, SOUTH 88035'40"WEST 384.74 FEET TO THE EAST LINE OF THE
WEST 310.00 FEET (measured a10hg the north llne) OF SAID LOT 3; THENCE
ALONG SAID EAST LINE NORTH 00011'20" WEST 77 .50 FEET TO THE TRUE POINT
OF BEGINNING; THENcE' NQRTH8B035'40" EAST, PARALLEL, WITH THE SOUTHERLY
LINE OF SAID SPAIN'S LAND, TO THE INTERSECTION WITH THE WEST LINE OF THE
.. .. ."~' ,J' . .'
EAST 825.00 FEET OF SAID LOT 3 AND THE POINT OF ENDING.
APN323-261- 15
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,"~.' ... ' tlieuride"rslgned.Notary Public, personally appeared
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:~ Q" .. OFFlClACSEAl." Ii!f. 'personally knawn.tame
is; .. ..OETH E!WAUlER d proved to. me an the baslsaf satisfactory evidence
n, ", IlOTARVPUBIJC-CAlIFORlIlA . , . '.',' .' .......'.. . ..
'? .. SAIl DIEGO COUNTY to,bethe'person(s) whos,'-miin'e(s) /} IZEs'ubscribed:.ta the
;:~ .. MyCam~1sSIOn .Elpires Oct,'I. 1986 wjthlninstrument,and acknowledged that ,HEy executed:it.
~~ :zs my hand'and:6fficial seal.
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\'! Notary's Signature " .
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PAR;rNERSHIPACKNOWLEDGMEN'T
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;:! StateDf }' On this the _ dayaf. 19_, before"pe,
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'::i Cauntyof ~'
11 the undersigned Natary'Publlc,:persanally appeared
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';:. 0 persanally knawn)a me
., 0 pravedta me anthe:basis'af'satlsfactary evldencf}
to. be the per~on(s) who. exei:u.ted the-w.lthln instrument anbehalf.of tlie
, part'nership.and acknowledged.to:me that the.partnership executedH.
., WIT'NE.ssmY,hand andafficial'seal. '.~
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CORPORATE. ACKNOWLEDGMEN'T
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theun-dersl.gried:Notary Public, ~ersanally appeared .':'
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C . proved f~'me' an the b.asls atsatlsfactary evidence :~
.tabe. the person(s) who. executedthewithin.instrument as '~
.... . ar on. behalf of th'e co'ipa'ratian'therein .~
namea, and acknawledgBd to. me that the carparatian executed it. ~
WITNESS my hand and official seal. ;}.
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Notary's Signature ,:::~
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CERTIFICATE OF ~CCEPTANCE
I, MARJORIE K.WAHLSTEN, as ci ty Clerk" and agent
for CITY OF POWAY" make the following certification
on its behalf:
This is to 'certifytllat the interest in real property
conveyed by the deed or grant dated. August 11, 1983
from Emerson A.. Walker and Bettina M. Walker, husband
and wife, a~ joint.tenants --------------------------
to the CITY OFPOWAY, a political corporation arid/or
go'vernmentalagency is hereby accepted by the under-
signed office'r or agent on behalf ,of the CITY COUNCIL
pursuant to a1.lothority 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: Aug. 16', 1983 CITY OF POWAY
By: ~11~w- K' JJlJ~~
Ma'rjorie K. Wahl'sten
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C1.ty .Clerk
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(DPS 3/82)
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