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
." ,.