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Grant of Easement Drainage 2000-0609351· RECORDING REQUESi ED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 ue Tax Parcel No. 317-520-43 2O76 2000-0609351 Nov 09, 2000 B:32 AM OFFICIO. REC3~ ~ DIEGO ClI~TY RED]21~R'8 OFFICE GRF. GOR¥ 3. ~qITH, COL~ RECO~I~R O0 oo. NO DOCUMENT TRANSFER TAX NO FEE GRANT OF EASEMENT DRAINAGE EA-00-07 (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its or assigns, the following described easement for a right-of-way in, upon, over, under, and across the lands described below, to erect, construct, reconstruct, replace, rep t use a pipeline or pipelines for any and all purposes, together with such fixtures and appud : such I :1 upon, along, over, and under the right-of-way described below as GRANTEE may now or hereafter determine in its sole d thout any additional compensation therefor, together with the right of ingress and egress from th I by a practical route or routes in, upon, over, or across the land described below, together with the right to use th' l 1' to GRANTEE's rights-of-way situated in adjacent lands, without any additional compensation therefor. The land encompassing this easement is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, S.B.M. ACCORDING TO OFFICIAL PLAT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Said easement of right-of-way in th ':1 lands is particularly described as follows: See, GRANTOR, his h :1 assigns shall not erect :or permit to be erected ~ed any building, ~rovement or plant any tree or trees or plant any other vegetation or flora within said easement without the express written approval of the City of Poway as evidenced by the signature of the Director of Development Services on an approved plan. GRANTOR, his heirs, and assigns shall not dig or drill any hole or wells on any portion of th l. 2077 GRANTEE may use all gates and fences which, now or later, cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, / ! trees, brush, or other vegetation or flora from time to time as GRANTEE C in its sole discretion without any additional compensation. GRANTOR agrees that no other easement Is shall be granted on, under, or over th' l without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easement, change the location of pip :her facilities within the boundaries of th I right-of-way, or modify the size of existing pipelines or other imp as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs, or assigns, provided GRANTEE does not expand its use of th I beyond th I boundaries described above. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, or assigns, shall not' d permit to I: 'J or decreased the existing ground elevations of the above described easement which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or not litigation is :1, or if any arbitration proceeding, ad proceeding or litigation in law or in equity, including an action for declaratory relief, is brought t : the provisions or performance of this easement, the prevailing party shall be entitled to an award of all attorney's fees and the costs of the proceeding, which shall be determined by the court or the presiding officer having authority to make this determination. GRANTOR expressly ~ represents that GRANTOR has the power to grant this easement in accordance with his terms. IN WITNESS WHEREOF, the GRANTOR of ~, ~g~ ,20 .1 this Easement this ~.~ ~" day POMERADO ROAD BAPTIST CHURCH By: (Signatures must b Notary form attached.) ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ~ '"~ }ss. On \])~ '~r before meq! Namoad~l,~o - personally appeared '~P~ ~ ,,[ ~.. \ :ollfort~o San Diego County E~ proved to me on the basis of evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and the same in authorized capacity(ies), and that by signature(s) , i, or the entity upon behalf of which the person(s) acted, OPTIONAL 3cumeqt Title or ( ~'~C'~ ~- Signer(s) Other [] Individual [] Title(s): [] Partner-- [] Limited [] General [] [] Trustee [] Guardian/~Cons~ervator [] Other: ' Prod NO 5907 2O79 EXHIBIT "A" EA-00-07 LEGAL DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, S.B.M., ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN EASEMENT FOR HIGHWAY SLOPES AND DRAINAGE PER DOCUMENT RECORDED JULY 19, 1982 AS FILE NO. 82- 219679 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE INTERSECTION OF THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 AND A LINE PARALLEL WITH AND 71.00 FEET WESTERLY, MEASURED AT A RIGHT ANGLE, FROM THE CENTERLINE OF POMERADO ROAD AS DESCRIBED IN SAID EASEMENT DOCUMENT; THENCE ALONG SAID SOUTH LINE, NORTH 88009'34'' WEST, 38.23 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 68o22'25" EAST, 41.35 FEET TO THE WESTERLY LINE OF SAID HIGHWAY SLOPES AND DRAINAGE EASEMENT; THENCE ALONG SAID WESTERLY LINE, SOUTH 00047'08" WEST, 16.47 FEET TO THE POINT OF BEGINNING. CONTAINS 0.007 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WERE PREPARED BY ME OR UNDER MY DIRECTION. ~AVI~D~. R .L.S. 7118 OR. PAGE 1 OF 1 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE OF' F~3aERADO ROAD BE'I3~EEN STATION 44+87.94 ANO STATION 74+00 AS !=,I.-E)WN ~ ROAD SURVEY 1859-2. I.E., N 00'49'48' E POWAY 2080 KNOLL F D VICINITY MAP NO SCALE LEGEND DRAINAGE EASEMENT (0.016 ACRES) PUBLIC ROAD EASEMENT PER DOC. RECORDED 01/13/1966 AS FILE NO. 7340, O.R. DRAINAGE EASEMENT PER DOC. RECORDED 3/3/1981 AS FILE NO. O.R. ORAINAGE EASEMENT PER DOC. RECORDED 7/19/1982 AS FILE NO. O.R. DAVID M. RODGERS PLS 7118 DATE DRAINAGE EASEMENT IN NORTH HALF OF NORTHWEST QUARTER OF QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, S.B.M. NCE DRAWINGS R.O.S. NO. 5083, ROAD SURVEY 1859-2 ~ No. 7118 Exp. 12-31-02 SUITE 107 92123-1324 PHONE: FAX: 858.694.5660 858.694.5661 EXHIBIT "B" CITY OF POWAY CAUFORNLA SLEET I OF ;3 SleETS JN 99023.001 g023esm1.dwg 05-16-00 GLENOAK ROAD ./ '-~ rAY /"2"~ ROAD BASIS OF BEARINGS TIES MONUMENTATION LEGEND FOUND STD. STREET ~RVEY M43NUMENT PER R.S. 1859-2, R.O.S. 12010, R.O.S. 12149, ACCEPTED AS NE CORNER OF NWl/4 OF SWl/4 OF SECTION 14. FOUE[3 STD. STREET SURVEY MONUMENT MKD. 'S.D. CO. SL~VEY" PER R.O.S. 12149, MAP NO. 8558, ACCEPTED AS ~ OF POWAY ROAD ANO POMERADO ROAD FOUND STD. STREET SURVEY MK31'~JMENT WITH 2" BRASS CAP MKD. 'S.D.CO. EN(;R CEPT SURVEY MON. 1982 44+87.94" ER R. S. 1859-2. FOUND STD. STREET SURVEY MOI~RJMENT WITH 2" BRASS CAP MKD. 'S.D.CO. ENGR CEPT SURVEY MON, 1982 74+0(3' PER R. S. 1859-2. SCALE: 1"=1000' PHONE: SUITE 107 FAX: 858.694,566 92123-1324 DRAINAGE EASEMENT IN NORTH HALF OF QUARTER OF QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, S,B.M. EXHIBIT "B" CITY OF POWAY CALIFORNIA S;-EET 2 OF 3 SHEETS JN 99023. gO23esm2.dwg 05-16-00 2082 SCALE: 1" = 40' DATA TABLE NO. BEARING LENGTH Cl 38.23' C2 , , . 41.35' C3 S00'47'08'W 16.47' N1/2 Off NWl/4 ~... ~ a~ O~ SW1/4 0~ >-(Itl 0_1~, ,SECTION 14 _ ~ A.P.N. 317-520-43 ~.~ 71' I? SUITE ' 92f23o1324 EA ~o-o7 / / / / ROBISON ;R VARD ~ /- N © PHONE: 858.694.5660 F~O(: 858.694,566 f DRAINAGE EASEMENT IN NORTH HALF OF QUARTER OF SOUTHWEST QUARTER OF SECT[ON 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, S.B.M. EXHIBIT "B" CITY OF POWAY CALIFORNL~ SPEET 3 OF 3 S~.EETS JN 99023.01 9023esm3.dwg 05-16-00 2083 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated October 2, 2000 from Pomerado Road Baptist Church, to the City of Poway, a political corporation and/or ~ agency, is hereby accepted by the undersigned 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 authorized officer. Dated: J ._x-Y~o~ ~ ~.000 By:~--~ Q _-.-~. ,~ Lori Anne Peoples, City Clerk