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.