Landscaping and Maintenance Easement 1983-240607
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" CITY OF POWAY ~RE'CORO!:l) IN -l
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When rec6~ded mail to: ) O,'SAN DiEGO COUNi Y,CA,
CITY. ,CLERK R E.iC E I V E 0 1383 JUl /4 PH I: 13
(;lTY OF POWAY j , \ '~VEnr. ic,LfLE :
P. 0, BOX 785 AUGlc/1983 COUN 1 Y !?CGDRDi,H I
POWAY, CA 92064 ) , . -'---.l
, CiT)i OFPOWI\Y
CITY ~LERK'S OFFICE NO FEE
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No' Transfer Tax Due This Space For Recorder's Use p-
A.P. NO. 314-681-01 thru 13 P , t Landscape Maintenance Dist. No. 83-01
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TM 3503-2
LANDSCAPING AND ,MAINTENANCE EASEMENT
BARRATT, NORTHERN CALIFORNIA" INC., hereinafter "Grantor"" hereby grants to the
CITY 'OF POWAY, hereinafter "Grantee", its succe'ssor or assigns, the following
described easement over, under., across I and through the following described
land I to construct, reconstruct-, replace, repair and main'tain landscaping 1
shrubbery, trees, ground, c'over" landscape structures" and irrigCj.tion facilities
and appurtenances. thereto, tQgether with the right" of ingress and egress from
the easeme-nt:,
THOSE PORTIONS OF LOTS 82 THROUGH 94 INCLUSIVE OF COUNTY ,OF SAN DIEGO TRACT
3503-2 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING
TO MAP'THEREOF NO. 9256 FILED' IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON JUNE 20, 1979 DESCRIBED AS FOLLOWS:
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, BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 82; THENCE SOUTH 880 ,12'
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EAST ALONG THE NORTHERLY: LINE OF SAID LOT 83 A DISTANCE OF 23.20 FEET TO A
CORNER POINT IN SAID LOT 83; THENCE, SOUTH 390 30' .00" EAST ALONG THE NORTH-
EASTERLY LINE OF SAID LOTS 83 THROUGH 92, INC~USlVE! AND A PORTION OF SAID
LOT 93 'A.PISTANCE OF 729:26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING.A RADIUS' OF 1,563.00 FEET; THENCE, SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE AND THE NORTHEASTERLY LINE OF LOTS 93 AND 94 THROUGH A
CENTRAL ANGLE OF 60.40' 27", AN ARC LENGTH OF 18,2.07 FEET TO THE MOST EASTERLY
CORNER OF SAID LOT :9'4'; THENCE, ,SOUT!,! 810 -15' 00" WEST 'ALONG ,THE ,SOUTHEASTERLY
LINE OF SAID LOT 94 'A'DISTl).I'<,CE Of 210.,81 FEET TO A POINT. ON THE ARC ,OF A
NONTANGENT CURVE,SAleD 'NONTANGENT C\iRVE BEING CONCAVESOUTHWESTEllI,y 'HAVING 'A
RADIUS OF 530.09 FEET, A RADIAL LINE THROUGH SAID LAST NENTIONED POINT BEARS
SOUTH 81,0 59' 2711 v..TEST i THENCE NORTHWESTERLY ALONG THE ,ARC OF SAID NONTANGENT
CURVE T!lROUGH A CENTRAL ANGLE OF 240 37' 56" AN ARCLENGTH OF 227.89 FEET TO
A POINT LYING WITHIN SAID LOT 92, A RADIAL LINE 'THROUGH SAID LAST MENTIONED
POINT BEARS ,NORTH 570 21' 31" EAST; THENCE LEAVING SAID NONTANGENT CURVE,
NORTH 350 32' 22" WEST 'A 'DISTANCE OF 115,01 FEET; THENCE, NORTH 190 51' 4011
WEST A DISTANCE OF 2.1.73 FEE;T; THENCE NORTH 340 .45' 00" WEST A DISTANCE OF
71.00 FEET TO .A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 88, SAID LAST
MENTIONED POINT BEING NORTH 550 15' 00" EAST' A DISTANCE OF 104.00 FEET
MEASURED ALoNG THE SOUTHEASTERLY LINE OF SAID LOT 88 FROM THE MOST SOUTHERLY
CORNER OF' 'SAID 'LOT 88; THENCE NORTH 350 05' 26" WEST A DISTANCE OF 69.36 FEET;
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THENCE NORTH 820 45' 00" WEST A DISTANCE OF 1. 70 FEET TO A POINT IN THE
SOUTHEASTE~LY LINE OF SAID LOT 87, SAID LAST MENTIONED POINT BEING, NORTH
520 15' 00" EAST A DISTANCE 'OF 104.00 FEET MEASURED ALONG THE SOUTHEASTERLY
LINE OF SAlp LOr ,87 FROM THE MOST SOUTHERLY CORNER OF, SAID LOT 87,; THENCE,
NORTH,350 31! 08" WEST A DISTANCE OF 61.65 FEET; THENCE, NORTH 820 45' 00"
WEST A DISTANCE OF 4.81 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT
86, 'SAID LAST MENTIONED POINT, BEING NORTH 520 15' 00" EAST, A DISTANCE OF 103.00
FEET MEASURED ALONG THE SOUTHEASTERLY LINE OF SAID LOT 86, FROM THE MOST
SOUTHERLY CORNER OF SAID LOT 86; THENCE, NORTH 330 59' 01" WEST A DISTANCE OF
63.94 FEET; THENCE NORTH 820 45' 00" WEST A DISTANCE OF 8.77 FEET TO A POINT
ON THE SOUTHEASTERLY LINE OF SAID LOT 85, SAID LAST MENTIONED POINT BEING NORTH
520 15' 00" EAST A DISTANCE OF 101. 00 FEET MEASURED ALONG THE SOUTHEASTERLY
LINE OF SAID LOT 85 FROM THE MOST SOUTHERLY CORNER OF SAID LOT 85; THENCE,
NORTH 340 56' 04" WEST A DISTANCE OF 61.07 FEET; THENCE, NORTH 820 45' 00"
WEST A DISTANCE OF 5.66 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT
84, SAID LAST MENTIONED POINT BEING NORTH 520 15" 00" EAST A DISTANCE OF 100.00
FEET ,MEASURED ALONG THE SOUTHEASTERLY LINE OF SAID LOT 84 FROM 'THE MOST SOUTHERLY
CORNER OF SAID LOT 84; THENCE, NORTH 340 50' 21" WEST A, DISTANCE OF 59.08 FEET;
THENCE, NORTH 820 45' 00" WEST A DISTANCE OF 8.49 FEET TO A POINT ON THE SOUTH-
EASTERLY LINE OF SAID LOT 83, 'SAID LAST MENTIONED, POINT BEING NORTH 520 15' 00"
EAST A DISTANCE OF 97.00 FEET MEASURED ALONG THE SOUTHEASTERLY LINE OF SAID
LOT 83 FROM THE MOST SOUTHERLY CORNER OF SAID LOT 83.; THENCE NORTH 350 50' 2.7"
WEST A DISTANCE OF 60.03 FEET; THENCE NORTH 820 45' 00" WEST A DISTANCE OF 7.07
FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 82, SAID LAST MENTIONED
POINT BEING ,NORTH 520 15' 00" EAST A DISTANCE OF 94.00 FEET MEASURED ALONG THE
SOUTHEASTERLY LINE OF SAID LOT .82 FROM THE MOST SOUTHERLY CORNER OF LOT 82, THENCE 7,
NORTH 370 45' 00" WEST A DISTANCE OF 22.00 FEET; THENCE NORTH 820 11' 19" WEST
A DISTANCE OF 134.28 FEET TO A. POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 82;
THENCE, NORTH 370 45' 00" WEST ALONG SAID SOUTHWESTERLY LINE AND ITS NORTHWESTERLY
PROJECTION A DISTANCE OF 3.89 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID
MAP NO. 9256; THENCE SOUTH 880 12' 42" EAST ALONG SAID BOUNDARY BEING ALSO THE
NORTHERLY LINE OF SAID LOT 82 ,A DISTANCE OF 191.30 FEET TO THE MOST EASTERLY
CORNER OF SAID LOT 82 AND THE POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT AREA CONTAINS 1.914 ACRES.
Grantor, its heirs, successors, and assigns shall not erect or construct or
permit. to be erected or co~structed any building, structure, fence or
i1l1provement on, oy:er, or un de"):. " any portion of the easement, nor dig, -drill,
or excavate on,' 0:1:' ,uI:tder any portion thereof" without first obtaining an
encroachment permit therefor from the- Grantee, through its City Council.
The grant of this easement and its acceptance by Grantor shall not authorize
the public or any members thereof to use or enter upon all or any portion of
said easement.
Grantor, its heir~, successor, and assigns hereby waives any claim for any
and all damages to Grantor's remaining property cont~guous to the easement
hereby conveyed by reason of the location of said easement, the type, quantity
or quality of the landscaping and irrigation facilities and appurtenances
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installed or:maintained therein, or ,by the quality or intel1sity of the
maintenance 'thereof.
Dated this 13th day of July , 1983.
BARRATT NORTHERN CALIFORNIA, INC.
a Delaware Corporation
By
(Notary acknowle gement attached)
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, STATE OF CALIFORNIA SAl':UUE.GO lss.
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. July----13 .,_1983_. before me, the undersigned, a Notary Public in and for
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;aid State, personally appeared George_Szabo am:l
,personally known to me (or proved to me on the i
Ul ,,~. basis of satisfactory evidence) to be the persons who executed the within instrument as i
_ 0. :v.ice----=------:Presidenl and:
u:: E :Secretary; on behalf of
-0 Barratt 'Northern California,l~c.
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- c the corporation therein named, and acknowledged to me that
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o w such corpora~ionexecuted thewilhin instrument pursuant to its ,,' ElL_ I
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I _MUC-CUlDllo\ I
'" SlIlIIIIDlO COUNIY
~ lit Qnm, !iplres Sept, 14, 1984
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,GENE RA'L A CKNOWLED GMENT .' , . 2 0 1 5 ~
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~ State of '.} Onthlsthe_dayof ~ 19_, before me, ,\
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X; County of
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f~' D proved to me on the basis of satisfactory evidence
~~ to be the person(s)whose name(s) sUbscribed'tot~e
~ within instrument, and acknowledged that executed It
~ WITN ESS my hand and ofticial seal.
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:pAFlTNEi=!$Hif'~c;KNOWLEDGMENT
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~) State of } 55, On this the _ day of 19_, before me,
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gi County of
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CORPORATE ACKNOWLEDGMENT
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~~ ~State,of r~'ll,i,f'()rn.i'::J } 55, Onthis the.l3:tJiday,'of TlIly 19JLl."before me,
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;~) San Diego Dollie L. Adams
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1,') Vice President
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CERTIFICATE OF ACCEPTANCE '
I, MARJORIE K.WAHLSTEN, as City Clerk, and agent
:forCTTY OF POWAY" .make the following cer,tification
on its behalf:
This is to certify that the interest in ,real property
conveyed by the deed or grant dated July 13, 1983
from BARRATT NORTHERN CALIFORNIA, INC.
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to the CITY OF POWAY, .a political corporation and/or
governmental agency is hereby accepted by the under-
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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 r~cordation thereof by its duly authorized officer
or agent.
Dated: July 14, 1983 CITY OF POWAY
By: ' ~!f}p . " '
. rjorJ.e K. Wahlsten ~
CHy Clerk
(DPS 3/82)