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Grant of Easement Drainage & Appurtenances 2000-0518908RECORDING REQUESTED BY: CITY Of POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 3548 DOC 2000-0518908 Sep 28, 2000 9:i2 AM No Documentary Transfer No Fee APN: 317-042-16 GRANT OF EASEMENT (DRAINAGE & APPURTENANCES) husband and wife as i (hereinafter "GRANTOR") hereby grants to the CITY OF POWAY, (hereinafter "GRANTEE"), or assigns, the following dreinac, described in Exhibit "A" and "B" in, upon, over, under and across the lands described below, to erect, construct, ~ replace, rel: -1 use a pipeline or pipelines for drainage purposes, together with such I 31; 1 I upon, along, over and un(~ 3ed below as GRANTEE may now or hereafter (~ d lout any additional compensation therefor, togeth '.;iht of ingress and egress from tt' by a practical upon, land described below, together with the rig 1' GRANTEE's rights-of-way situated in adjacent lands, without any additional compensation therefor. The land encompassing th' :1 in the County of San Diego, State of C is more particularly described as follows, to wit: Lot 170 of Poway Valley Unit No. 2, in the City of Poway, according to Map No. 3995, filed in the office of the County Recorder of San Diego County, October 22, 1958. Said right-of-way in the aforesaid lands is particularly described as follows: (See Exhibit "A" and "B") The GRANTOR, its h ' :1 assigns, sh permit to be erected -I, any building, ~rovement, or plant any vegetation or flora within said without the exl: ~proval of the CITY OF POWAY, as evidenced by the signature of th ~ Development S ~proved plan. GRANTOR, its heirs, :1 assigns shall not dig or drill any hole or wells on any portion of ti, I. The GRANTOR may use all gates and t' GRANTEE shall also be entitled to trim, cut, vegetation or flora 1 GRANTEE additional compensation. cross any portion of tl~ ! trees, brush, or other d lout any The GRANTOR ag on, under, or over this The GRANTEE may at any 1' ~tl~ :, change the location of pipelines or other facilities within the boundaries of tl~ : right-of-way, or modify the size of existing without paying any aC : or assigns, provided the GRANTEE does not expand its use of th : beyond th : boundaries described above. :lerstood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, or assigns, shall not' ¢ permit to be increased or decreased the existing ground ' the above described easement wlq 3e time this document is executed .;I the p ' = the GRANTEE. In the event of any disp .:1 this Agreement, whether or not liti~ :1, or if any arbitration proceeding, ad proceeding or liti~ :luity, including an action for declaratory relief, is brougl' ' ' pert ' the prevailing party shall be entitled .t 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 The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and construct necessary related imf part of the proposed process. This Temporary E Exhibit "B", -I only until the been accepted by the Temporary C 3all I; :1. The GRANTOR expressly .1 represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR h .~. ~ ~ 2000. day of Naomi D. Wheelock (Sic be notarized 3550 S County 121,2~Z to be the persoi'l~.s~ whose name"(,s,)~re subscribed to the within instrument and ac- the same in ~'~er/their capacity['i'e,s,), and that b~er/their or the entity upon behalf of which the person'('s~ CAPACITY CLAIMED BY SIGNER TITLE(S) [] LIMITED [] GENERAL [] TRUSTEE(S) [] OTHER: SIGNER IS REPRESENTING: S County ~71 I-oo DATE SE ACKNOWLE to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- NANCY L. BARTELL YAV,N~AI COUN1 same in capacity(ies), and that by signature(s) , ,, or the entity upon behalf of which the person(s) acted, 3551 " ~ OPTIONAL SECTION ="""'= CAPACITY CLAIMED BY SIGNER [~NDIVIDUAL TITLE{S) [] LIMITED [] GENERAL [] [] TRUSTEE(S) [] [] OTHER: SIGNER IS REPRESENTING: EXHIBIT "A" LEGAL o PARCEL NUMBER: 317-042-16 JOHN J. AND NAOMI D. HUSBAND AND WIFE AS JOINT TENANTS THAT PORTION OF LOT 170 POWAY, COUNTY OF SAN DIEGO, STATE OF THEREOF NO. 3995, FILED IN THE OFFICE SAN DIEGO COUNTY, OCTOBER 22, 1958 PARCEL 1: THE 5.00 FEET OF SAID LOT 170. HAVING AN A/REA OF 625 SQUARE FEET MORE OR LESS. THE THE OF POWAY VALLEY UNIT NO. OF THE COUNTY AS 8.00 FEET OF SAID LOT 170. 5.00 FEET OF SAID LOT 170. MADE A PART OF THIS LEGAL 2 IN THE CITY OF TO MAP OF SHALL BE HAVING A NET AREA OF 375 SQUARE FEET. IT IS THAT THE UPON AND OF HERETO AND PLAT I2tBELED THIS LEGAL DES AND PLAT WERE IS A BY ME OR UNDER MY CECIL 5 RY] ~/P. 3997 LGL. DOC EXHIBIT "B" ass. 3 MAP 60' OI"Y' 125,00' ~ LOT 170 125.00' ,No., 399-5 VICINITY MAP SHOWN HEREON ARE DERIVED FROM RECORD DATA Services, Inc. L veying 4167 AVENIDA D A PLATA, SUITE 114, OCEANS . , CA. 92056 (760) 732 1366 ACA NAME: DENOTES EASEMENT AQUISIllON AREA -- 625 SQ. FT. DENOTES [//×/, EASEMENT AREA = 375 SQ, Fr. CITY OF POWAY EASEMENT PLAT 317-042-16 VESTING: JOHN J. WHEELOCK & NAOM HUSBAND & WiFE AS JOIN DI 4: MJG I DATE: 8/28/00 WHEELOCK TENANTS HEET: 1 OF 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: September 14, 2000 from to the City of Poway, a political corporation and/or g 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 authorizec~,fficer. Dated: September 26, 2000 Lori ~nne Peoples, City (~lerk