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