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Grant of Easement Drainage 2000-0119045 ~ RECORDING REQUESTED Bl : DOC I 2000-0119045 CITY OF POWAY Mar 09. 2000 8:12 AM AND WHEN RECORDED MAIL TO: ~ r~ ~ A(;f'l V ,{I ,-,t ,;;1" No transfer tax due i (/J APN 277-171-18 & 22 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 OFFICIAl. RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, CIJIJffV RECORDER FEES: 0.00 DC: NA (This space for Recorder's Use) GRANT OF DRAINAGE EASEMENT OLD COACH REALTY, a California corporation (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right-of-way in, upon, over, under and across the lands described in Exhibit "A" to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including but not limited to, facilities for power transmission and communication purposes, at such locations and elevations, upon, along, over and under the right-of-way described below as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefor, together with the right of ingress and egress from the easement by a practical route or routes in, upon, over, or across the land described below, together with the right to use this easement for access to GRANTEE'S rights-of-way situated in adjacent lands, without any additional compensation therefor. The land encompassing this easement is situated in the City of Poway, County of San Diego, State of California, and is more particularly described as follows, to wit: Parcel 4 of Parcel Map No. 17989, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on February 25, 1998, as File No. 1998-0099090 of Official Records. Said easement of right-of-way in the aforesaid land is particularly described as follows: (SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF) GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to be erected or constructed, any building, structure or improvement 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 City Engineer on an approved plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. 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, or clear away or remove any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement without the prior written consent of GRANTEE. - ,-. GRANTEE, may at anytime increase its use of the easement, change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR'S heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR'S heirs, successors, or assigns, shall not increase or decrease or permit to be increased 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 commenced, or if any arbitration proceeding, administrative proceeding or litigation in law or in equity, including an action for declaratory relief, is brought to enforce or interpret 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 warrants and represents that GRANTOR has the power to grant this easement in accordance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this easement this ~uAe'{ ,2000. ID .~ day of OLD COACH REALTY, a California corporation 4/\.~J By: ~ ~_______ Bruce E. Tabb, President (Signatures must be notarized. Notary form attached.) nil IH ,11 ,-. CALIFORNIA ALL.PURPO.....c: ACKNOWLEDGMENT State of CA 1-1 PO(2 0t A- 6AtJu reJ.rU J,'JD OD County of Dale before me, eLiZl1Pi:rtl8eWtJtt.J ,.J()T7t{2.~ PJ&-l L.- Name and Tille of Officer (e.g., -Jane Doe, .Notary Public") 312..UCk-. E;; . ,(t-B6, On personally appeared Name(s) of Signer(s) JZl{Jersonally known to me o proved to me on the basis of satisfactory evidence Elizabeth erenn4" Comm. #1112225 "i': NOTARY PUBLIC. CALIF .. SAN DIEGO COUNTY .. \ C ::'r.1m. Exp. Sept. 25. 2000 l .......------ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. f~s~u, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: (~ SO --p(~ f~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1996 National Notary Association' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 nll ~ , 11. ,-. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated Februarv 10. 2000 from OLD COACH REALTY. a California corooration to the City of Poway, a political corporation and/or governmental 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: March :3 2000 . B~ O~\?~ ori Anne Peoples, City Clerk \accept.cer nn III TIll .r EXHIBIT "A" DRAINAGE EASEMENT Parcel "E" Being a portion of Parcel 2 in the City of Poway, County of San Diego, State of California, as shown on Parcel Map No. 17989, filed in the Office of the County Recorder of San Diego County on February 25, 1998 as File No. 1998-99090 of Official Records being more particularly described as follows: Beginning at the Northerly terminus of that certain line shown and designated at "North 14002'41" West 52.00 feet" on Lot "A" of City of Poway Tract No. 89'13R, Old Coach Golf Estates, Phase 1 Unit 1, Map No. 13339; thence along a Northerly prolongation of said line North 14002'41" West 22.00 feet; thence North 75057' 19" East 2.81 feet to the beginning of a tangent 20.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 81 018' 31 n a distance of 28.38 feet to the beginning of a reverse 430.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 28057' 52" a distance of 217.38 feet to the TRUE POINT OF BEGINNING; thence North 65003'23" West 43.87 feet; thence North 24056'37" East 20.00 feet; thence South 65003'23" East 43.87 feet to the beginning of a non- tangent 430.00 foot radius curve concave Southwesterly; thence along the arc of said curve through a central angle of 02039'55" a distance of 20.00 feet to the TRUE POINT OF BEGINNING. Containing 0.020 acres more or less. Robert G. Schoettmer L.S. 4324 ~~~-14-'9 1 of 1 ." ,.