Granting Access Easement 1988-525650
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RECORDING REQUESTED BY:
Cit:rof poway
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88 OCT ! 4 An II: It 4
I VERi, L, LYLEij
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WHEN RECORDED, MAIL TO:
City Clerk
City of poway
P.O. Box 789
Poway, CA 92064
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No Transfer Tax Due
(This space for Recorder's use)
GRANTING ACCESS EASEMENT
By the attached Resolution No. 88-090, the City of Poway, a municipal cor-
poration, granted an access easement to Paul W. Grimes, as owner of Parcel 3 of
parcef Map 12585; within the Northeast-Quarter of the Southeast Quarter of Sec- '
tion 31 and that portion of the Northwest Quarter of the Southwest Quarter of
","," 32, T""'h', 13 ""'h, R'"" , W'~"di"' M"'~",
Robert C. Emery, Mayor
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Marjorie . Wahlsten, City Clerk
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State of California)
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County of San Diego)
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On this the )- day of~"",b"r 1988, before me,
C'THY ~okAtJ
the undersigned Notary Public, personally appeared
&bE1l7 C F mER..
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I-- YhAR:rolZi E' k, LUfl /fLS TEN ,
~ OFFICIAL SEAL
, ,"", ~,' CA.:THY BROKAW t;
HalDly "'ob'lO-Qdlll..1Ifa
MH IlI(GO 0llUNIY
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~ personally known to me
-B p r Q \I ~ d t-o-me-eJrt-he-ba-5 i s 8 f sat i sf a-€-Wr-j
~ to be the perso~who executed the within
instrument as /JJ/Jvo~ d Crrv CLlD<'k or on
behalf of the corporation therin named, and
acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's sGe ~
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1801
RESOLU1'J;ON NO.., ,88"090
A RESOLU,TION OF THE CITY COUNCI'L OF THE CITY OF POVjAY,
CALIFORNIA, GRANTING A~ ACCESS EASEMENT 'T.O PAUL W. GRIMES,
;j(,S OWNER OFPAI,~EL3 OF ,pARCEL MAP 1258'5:, WITHIN THE NORTHEAST'
QUARTER OF THE SO,UTHE!\$T QUARTERQF SECTION 31 AND THAT PORTION
OF THE NORTHWEST QUA:RTER OF THE SOUTHWEST QUA,gTER OF SEC,TION32"
TOWNSHIP 13 SOBTH, RANGE 1 WEST, SAN 'BERNARDINO MERIDTAN
WHEREAS, TentatDl.'e Parcel Map 87-05 was cfpproved by the city
Council of the City of poway for the creation bf .four parcels
located easterly of ,the intersection of Wildgrove Road and Sunset
Drive per Resolution P:"88-62 on May 10, 198'8, and
'WHEREAS" in said resolution, a cond'itionwas imppseg for
acquiring an access easement across said City' owned, lahd for' the'
purpose of gaining acce'ss ,to said Parcel 3 of Parcel :Map 12585, and
WHEREAS, said propose,cI access ea~em~n:t\yilL follow Ule existing
roadway that curren'tly serves the Ci tyowned water reservoirs, and
WHEREAS, by locating the proposed access "easement wi thin the
existing roadway, a substantial amount of gr'ading associated with a
new access road can ~e ayoided.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the City
of poway as follows:
1. The City Council hereby grants thef6110wing described ease-
ment:
City of Poway, Grantor, for valuable ,consideration, grants
to Paul W. Grimes, Grantee, as owner of Parcel 3 of Parcel
Map 12 58 5, an .eas'ement .and T-ight.~6'f-wayin, upon, over,
under.. and across theland'snereiiia:fte-r des'cUbed to
construct, maintain, repair, and use facilities consisting
of::
Access road, sewer, wat,er, gas, pO,wer lines, telephone'
lines, tel,evision Gable, i'lnd" appurtenances for serving
Parcel 3 or PM 12585.
The above facilities w'ill be installed at such locations
angelevations upon, alohg"over, and under the herein-
afterd~,scr,ib,ecJeasement as G.rantee may now or hereafter
deem, convenient 'or necessary,. Gr,antee also has the right
of in'gressand egress, to, from, and along this easement
in, upon, over" and across the hereinafter ,described
lands. Grantee further has the right but, not the duty to
clear and keep this easement clear, f,rom buildings, struc-,
tures, and materials.
The easement and right-of~wayhereby 'granted Ts situated
in the City of powi'lY, COCjnty of SanDie go, Stale of
California,described as follows:
See attached legal d esi:;:ript ion .
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180,2
Resolution No. 88-0'90
August 30, 1988
,Page 2
Notwithstanding any prov,ision herein to the contrary, this
easement shall 'not relieve Grant,ee from .its obligatio]1s ap
law, if any, to obtain any and all, peI:mfts and/or, appro-
vals requir!3d by grantor prior' to actual placement 'of any
facili ties, in, upon, over" under, or acros's sa-id easemeht.
Grantor grants to. Grantee the right to erect and maintain
onGrantbr'spropert'y adjacent to this easement such
anchorage as maybe necessary for Grantee's purposes.
Gr,antor shpll not. erect" place" oJ; construct, nor' permit
tobs erected"placed , or const,r,ucted, any buildjenc} or
other structure', plant any tree, drill or dig any well,
withinthi~' easement.
Grantor shall not increase or decrease the ground surface
elevations within this easement after installation of
Grahtee'sfaciiiiies, without prio'i'written consent of
Grantee, which cohsent shall not unreasonably be 'withheld.
Grantee shall have the right but not the duty to trim or
remove tr,ees, and brush along or apj,acent to this easement
and remove roots from within this easement whenever
Grantee deems it necessary. Said. right shall' not relieve
Grantor of the duty as owner to 'tr.im '01" remove trees an.d
brush to prevent danger or hazard to property or persons.
This easement shall be binding upon a,nd inure to the bene-
fit of successors,' heirs, execl.lt.oZ;s., administrators, per-
mittees,,, licensees" agents or ass,j!gns. oJ Grantor and
Grantee: ' .
-2.. The, Ci-tYC:1~rk ,ofithe City of, poway ;is hereby ,directed to
cause a certified copy of this resolution to be recorded in
the office of, the Recorder .of San Diego County and to mail a
conformed copy of said easement to Paul W. Grimes.
PASSED, ADOPTED,AND APPROVED by the Ci ty Coun,9il of the City
of Poway, Caiifbrnia, at a regular meeting this 30'th day of August,
1988.
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Rober,t
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Emery, Mayor
ATTEST:
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Marj,or ie \K.
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wahlste-n, City Clerk
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I 1803.
Resolution No. 88-09,0
Page' 3 ..---- .-..
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify under penalty of perjury that the foregoing
Resolution, No .88- 099 , 'was duly adopted ,by the City Council at
a meeting of said City Council held on the 30th day of August,
1988, and that it was so adopted by the following vote:
AYES:
BRANNCN, HIGGINSCN, KRUSE, EMERY
NOES:
NCNE
ABSTAIN: Nc:NE
ABSENT: TARZi.'
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MarjorieK. wahlsten, City Clerk
Ci ty of, poway
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. Resolution No, 88-0:90'
Page 4
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LEGAL ~ESCR~PTION
Being ',a' strip of land 40 .00 fobtin wid~h, lying within the
Nottheast Quarter of the southeast' Quarter of Section 31 C!nd that
por,tion of the Northwest Quarter of'the, Southwest Quarter of
Se,c-tion 32, Township 13 south, Range 1wes,t, San Bernardino
Meridian, according to united states Goverfl!!lent Survey approved
September ,21, 18.75,;, in the City of POI-jay, COllnty of San DiegO,
_ State of California" said strip lying westerly and So.uthedy of the
following described line:
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Beginning ata point .on the Southeasterly sideline of a 48.00
foot r.adius cul~de-sac :of Sunset Drive as, shown on Map No.
11361, filed .in t}le, Of.fice .of the Recorder of 'said, San Diego
County, Octot,Jer 2/1, j485 . The r'adiaito saidpo;Lnt bears
South 60036'32'! East, said point beihg also ,a paint in a ,lille
parallel with and 50.00 feet Weste,r:-ly measure'd at right angles
to the westerly line of said Northl18s,t Quarter of the southwest
Quarter of ,sect4!on 32; thence southerly along said parallel
line southob;:i,gi:35" West 166.22 feet 'to the beginning of a
tangent 40.00 fq,ot, radius curvec6ncaVe Northeasterly; thence
Southeasterly :along said curve th;rough a central angle
96'031"44" a distance of 67,3,9 feet to. a point in the Westerly
prolongation of the Southerly line ,o'f Parcel 2 of Parcel 'Map
12585, filed; in the Off.ice of the Recorde~ of, said San Diego
county, F~bruary 25, 1983 as File No; 8'3-0.60394 of Official
Records; thence tangent to said curve and Easterly along said
southerly line North 83"57'51"Ea~t'805.56 feet.
The sidelines of said strip are to be, prolonged or shortened so as
to terminate in the, North cin said 48,00 ,foot cul-de-sac,