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Res 88-090RESOLUTION NO. 88-0 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, GRANTING AN ACCESS EASEMENT TO PAUL W. GRIMES, AS OWNER OF PARCEL 3 OF PARCEL MAP 12585, WITHIN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN WHEREAS, Tentative Parcel Map 87-05 was approved by the City Council of the City of Poway for the creation of four parcels located easterly of the intersection of Wildgrove Road and Sunset Drive per Resolution P-88-62 on May 10, 1988, and WHEREAS, in said resolution, a condition was imposed for acquiring an access easement across said City owned land for the purpose of gaining access to said Parcel 3 of Parcel Map 12585, and WHEREAS, said proposed access easement will follow the existing roadway that currently serves the City owned water reservoirs, and WHEREAS, by locating the proposed access easement within the existing roadway, a substantial amount of grading associated with a new access road can be avoided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. The City Council hereby grants the following described ease- ment: City of Poway, Grantor, for valuable consideration, grants to Paul W. Grimes, Grantee, as owner of Parcel 3 of Parcel Map 12585, an easement and right-of-way in, upon, over, under, and across the lands hereinafter described to construct, maintain, repair, and use facilities consisting of: Access road, sewer, water, gas, power lines, telephone lines, television cable, and appurtenances for serving Parcel 3 of PM 12585. The above facilities will be installed at such locations and elevations upon, along, over, and under the herein- after described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and 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 from buildings, struc- tures, and materials. The easement and right-of-way hereby granted is situated in the City of Poway, County of San Diego, State of California, described as follows: See attached legal description. Resolution No. August 30, 1988 Page 2 88-~90 Notwithstanding any provision herein to the contrary, this easement shall not relieve Grantee from its obligations at law, if any, to obtain any and all permits and/or appro- vals required by grantor prior to actual placement of any facilities in, upon, over, under, or across said easement. Grantor grants to Grantee the right to erect and maintain on Grantor's property adjacent to this easement such anchorage as may be necessary for Grantee's purposes. Grantor shall not erect, place, or construct, nor permit to be erected, placed, or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantee shall have the right but not the duty to trim or remove trees and brush along or adjacent 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 trim or remove trees and brush to prevent danger or hazard to property or persons. This easement shall be binding upon and inure to the bene- fit of successors, heirs, executors, administrators, per- mittees, licensees, agents or assigns of Grantor and Grantee. 2. The City Clerk of the 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 City Council of the City of Poway, California, at a regular meeting this 30th day of August, 1988. Robert Emery, Mayor ~/ ATTEST: Marjorie\K. Wahlsten, City Clerk Resolution No. 88-890 Page 3 STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) SS. I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution, No. 88-~90 , 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, EMER~ NOES: NCNE ABSTAIN: NCNE ABSENT: TAR~ MarJorie /{. Wahlsten, City Clerk City of~P~oway Resolution No. 88-0~'90~ Page 4 LEGAL DESCRIPTION Being a strip of land 40.00 foot in width, lying within the Northeast Quarter of the Southeast Quarter of Section 31 and that portion of the Northwest Quarter of the Southwest Quarter of Section 32, Township 13 south, Range 1 west, San Bernardino Meridian, according to United States Government Survey approved September 21, 1875, in the City of Poway, County of San Diego, State of California, said strip lying Westerly and Southerly of the following described line: Beginning at a point on the Southeasterly sideline of a 48.00 foot radius cul-de-sac of Sunset Drive as shown on Map No. 11361, filed in the Office of the Recorder of said San Diego County, October 24, 1985. The radial to said point bears South 60°36'32" East, said point being also a point in a line parallel with and 50.00 feet Westerly measured at right angles to the Westerly line of said Northwest Quarter of the Southwest Quarter of Section 32; thence southerly along said parallel line South 00°29'35'' West 166.22 feet to the beginning of a tangent 40.00 foot radius curve concave Northeasterly; thence Southeasterly along said curve through a central angle 96°31'44'' a distance of 67.39 feet to a point in the Westerly prolongation of the Southerly line of Parcel 2 of Parcel Map 12585, filed in the Office of the Recorder of said San Diego County, February 25, 1983 as File No. 83-060394 of Official Records; thence tangent to said curve and Easterly along said southerly line North 83°57'51'' East 805.56 feet. The sidelines of said strip are to be prolonged or shortened so as to terminate in the North on said 48.00 foot cul-de-sac.