Grant of Easement for Fire Protection & Emergency Access 1983-289357
.. .83- 289357
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'" ,t',,- " RECORBING REQUESTED BY: ) ~- ~
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CITYOFPOWAY \ ! (p. c p_ (,11=-:...:0 ,~,Q',m I Y. .,A.
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.WHEN RECORDED .MAIL TO: ) 1,'-" '.'.J \1 I ,
CITY OF POWAY SEP21~ 19l:l3 '\ VER.!; L, L.YLr;; I
COIJHTY Ri:.COROtR .'
'P.O.. BOX 785 CITY OF)POWAY --- -<:--"
POWAY, CA92064 CITY CLER~SOFFICE
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) (This' space for Recorder,ls. us.e) NO FEE
APN No. 323-261-14 GRANT OF EASEMENT
(Fire Protection and'Emergency Access)
-,', wife joint
NEIL ALLEN CHARLTON AND I<AYLEN CHARLTON, husband and as
tenants -----------------------------------------------------------
"(hereinafter IlG~T6R'i) hereby grants to the. CITY OF POWAY (hereinafter "GRANTEE")
its ~uccessors and ,assigns" :the, -following described easement, '20.00 feet in width
for fire protection and emergency ,access purposes,' in and to a portion of the
Grantor's. reaI property, situated; in the City of poway, County of San Diego, State
of. California, which proper:ty is more particularly descri)edin the legal description
marked Exhibit A, which is att~ched 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 assisns, shall not erect or construct or permit
to be erected or constructed, anybuil'ding, 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 fi~e, pq_l~ice, or other eJ;nergency vep:i.cle's. ,or equipment, nor
shall Grantor, its hefrs" s~uccessors" or assigns plant: ariy fre.es 'or other veget'at-ion,
.ordig 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
equi:pment.
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 e'asement.
Gran.tor ~xpressly warrants and:repr~sents that' Grantor has the power to grant this
easement in accordanc~ with its terms.
In witness whereof the ,Grantor has executed this easement this / / TJl day of
A:l1,c;{J ~ 7"' , JS983.
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OOCUMENTARY TRANSFER.TAJ5: ~u....,_.._-
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(Signatures must be notarized. Notary form
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EXHIBIT "A".
. PARCEL 1.:
THE SOUTHERLY 87. 50FEE,?"QF THE NORTHERLY 252,.i5 0 FEET OF TflA'J:'
PORTION Of LOT ] IN SECTION 18, TOWNSHIPH SOY,:!:,H, RAN~GE 1 'I"IES.T,
'Sl).N BERNAI>.ElINO MERIDIAN, IN THE COUNTY OF Sll,N. D,IEGO, STATE OF
CA~IFORNIAi ACGORDINGT~ THE OFFICIAL, PLAT THEREOF; DESCRIBED AS
FOLLOWS:
COMMENCING' .AT.THEINTERSECTION OF THE NORTH! 'LINE OF SAID LOT,]
WITH. 'THE WEST LINE OF 'THE EAST '825.0'0 FEET .OF SAIElLOT; THENCE
ALONG SAID WEST LINE, :S}::iUTH 6102~4 i 20" EAST" '170'..00 FEET TO THE
SOUTHEASTERLY CORNER OFLAt\lD DESCRJ:BED. IN bEED 'TO TERRY F.. SPAIN,
ETU'X, RECORDED' SEPTEMBER 18, 1968 AS FUE NO.l~1)94, THENCE'
ALONG THESOUTHEIlliY, LINE, OF SAID' SPAIN'S. LAND, SOUTH 88035' 40"
WEST, 192. 37FEETTO Tl{Ei TgUE POINT OF BEGINNUiG: THENCE CONTIN.DING
ALONG SAID SOU,THERLY LINE'i SOUTH 88035' 40" WEST, .192..3 7F:EET TO
THE' SOUTHWESTERLY CORNER OF SAID SPAIN 's 'MND:' THENCE ALONG THE.
WESTERLY LINE OF SAID 'LAl;lD }'}ND THE NORTHERLY PROLONGATION ,THEREOF
NORTH ooon' 20" W~ST, j'30..0'7 f)EET, THENCE PARALLEL WITH THE S()UTH~
ERpY LINE OF SAID LAND'; NORTH 8803S"'40" EAST:,. 1:SB.86 FEET 'TO'.A. LiNE
'WHICH BEARS NORTH 000"47""50'" WEST FROM 'J:'HE'TRU,E POINT OF BEGINNING.:
THENCE SOUTH 00047' 50" EAST" 330.02 FEET TOTHEi TRUE POINT OF
BEGINNING.
:PARCEL 2
A:PORTfO~ OF LOT 3., }N ,SECTION 18, TOWNSHIP .1:4 SOUTH, RAN(jE 1 WEST,
SANBEfu'JARDINO 'BASE, AND MERIDIAN, IN THE COUNtX' QF SAN DIEGO, STATE
OF CALIFORNIA ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
FEBRUARY 2'4, 1876, DESCRIBED AS FOLLOWS,
COMMENCING 'AT THE INTERSECTION OF TflENORTH LINE OF SAID LOT 3., WITH
'THE WEST I;INE' OF THE El\ST' 5 0.00 F'-ODS OF SAID LOT 3, 'THENCE SOUTH
F24'00 n t'AS'l"Ar,.ON,G ??I;DWEST LINE, 6.05.00 FEET, THENCE AT RIGHT
ANGLES :?O(]TH88"oj 6'0:0"\~EST 190 .61FEET,TO THE'. TRUEPOl.'NT OF BE-
GJ:NNINc;, THENCE CONTINUING SOUTH 88,036' 00" '\1EST ,190,,61 FEET TO THE
EAS,TERLY LINE OF THE '\~ESTERLY 3'10.00 FEET. (measured ,alon;g the
Northerly Ene) OF SAID, LO'T 3, THEN,CE'ALONGSAID EASTERLY LINE
NORTHO'0IV'20 "\1ES~T--i\2.,OOFEET; THENCE NORTH 88036' 00" EAST 136.99
. . . -,':" ~ - '-, ,- .. . _ _ _ _ _.. _ 0"" -- _ .,
FEET, THENCE NORTH 1 02 4 ' 00" WEST 1.00 FEET ''r'HEN.CE NORTH. 880] 6' 00"
EAST 5.3.. 50 BEET,; TliHJqE ?OUTH, 0045' 40" E,AST 13.00 FEET TO THE
.TRUE POINT OF BEGINNING.
APN, 323~261-14
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EXHIBIT "B"
AN EASEMENT OF R)GHT -OF-WAY .FOR FIRE PROTECTION AND EMERGENCY ACCESS,
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OVER, UNDER, ALONG' AND ACROSS A 20.00 FOOT WIDE: STRIP OF LAND LYING
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WITHIN THAT PORTION OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE,
1 WEST ,SAN BERNARDINO B.ASE AND MERIDIAN IN THE CITY OF POWAY, STATE
OF CALIFORNIA, AC,CORDING TO THE UNITED STATES GOVERNMENT SURVEY, THE
CENTER LINE OF SAID 20.00 FOOT WIDE STRIP IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THEINTERS~CTION OF THE NORTH LINE OF SAID LOT 3 WITH THE
WEST ~INE OF THE EAST 825.00 FEET OF SAID LOT 3; THENCE ALONG SAID WEST
LINE, SOUTH 01 024' 20" EAST, no. 00 FEET TO THE SOUTHEASTERLY CORNER OF
THAT LAND DECRIBED IN DEED TO TERRY F. SPAIN; E-T' UX; RECORDED SEPTEMBER
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18, 1968, AS FILE NO. 1~12Q4; 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 a long the north 1 i ne) OF SAID 'LOT 3; THENCE
ALONG SAID EAST LINE NORTH 00011 '20" WEST 77 .50 FEET TO THE TRUE POINT
OF BEGINN ING; THENCE NO,Ri'H 8So 35' 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 323-261-14
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!';tEN~'AAL ACKNOWLEDGMENT . . 204"2.'
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;.f~ . State..'Of'. CA'-IFol2~I.A } 55. On th.IS the I/T.f"daYOf . . AUt;'(J ! I 191.L before me, ;,
:-3 Co.untyof ,SIl"v Dir=;ou KEAJAlFi..-r--H {-, W/9LJC-G r<- . ~
':j . , the undersigned Notary. Public, personally appe'ared .
~. NF-IL hu.elll CI-IIl~LlO", 4M.J /4JY(f;p} CIlH(ZLltJ.J,
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gl' ... " ~personally known to me
~ . .'Q' :~" KENNITHIE:'WAlKrR 0 proved to me:on the'basis of satisfactory e~dence, Q
'.~~' ,'... 'NOTARYPIJBUC~CAUFORIIlA. .. to be theperson(s)whose nam. e(s. ) !>t-IZrt subscribed to the G
,? SAN DIEGO. COUNTY. within instrument, and acknowledged that "/-1-/&/ executed It.
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~ . .. .' .' n ..co. ~ I, 1986 WITNESS my hand and offiCial seal.
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'l Notary's Signature
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PARTNERSHIP AcKNOWLEDGMENT
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':.~ State of }. On this the_ day of 19_. before m'e, ~
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" the undersigned Notary',Publlc, personally appeared ~
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, 0 personally knownto:me
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.., 0 proved to me on.the basis of :;atisfactory evidence
i to be the person(s):who,exec'uted".the within instrument on behalf of the
partnership, andacknowiedged'to m,ethat the partnership executed.it.
WITNESS my hand and offlcial.seal.
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,Notary's Sigriature
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CORPORATE ACKNOWLEDGMENT
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, St. ate of } On thisthe _ day of .19_, before me, :~
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County.'of ~~
the undersigned Notary Public, personally appeared ::::
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C proved to me on the,basis otsatisfactory,evidence ~
to be theperson(s) who executed the within instrument as . ~
or.on'behalf ot the corporation therein ::~
named,.and acknowledged.lo me that the corporation executed it. ~
WITNESS my hand and official seal. ~~
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Notary's Signalure ~1:~
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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 Neil Allen .Gharlton and Kaylen Charlton, 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 au~horized officer
or agent.
Dated: Aug. 16, 1983 CITY OF P'OWAY
By: '-th~ 1< jj;cJJ,,~
Marjorie\K. Wahlsten'
City C~erk
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(DPS 3/82)