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Grant of Easement Drainage 1994-0459292 RECORDING REQUESTED BY: ) ) CITY OF POWAY ) ) AND WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWA Y ) P.O. BOX 789 ) POWAY, CA 92064 ) 314-670-72 ) APN 2009 c '~ U 1994-0459Z9~ 26-]UL-1994 09=07 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: O. 00 HA This space for Recorder's use No Documentary Transfer Tax No Fee GRANT OF EASEMENT DRAINAGE K C DEVELOPMENT CORPORATION (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE") its successors, or assigns, the following described easement for right-of-way IO-feet in width, in, upon, over, under, and across the lands described below, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appur- tenances, 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 County of San Diego, State of California, and is more particularly described as follows, to wit: Said easement of right-of-way in the aforesaid lands is particularly described as follows: SEE ATTACHED LEGAL DESCRIPTION ANO PLAT MAOE A PART HEREIN GRANTOR, it heirs, successors and assigns shall not erect or construct or per- mit to be erected or constructed any building, structure or improvement or plant any other vegetation Dr flora within said easement without the express written approval of the City of Poway as evidenced by the signature of the Director of Engineering Services on an approved plan. GRANTOR, its heirs, suc- cessors and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTOR 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 F-DRAINAGI . 2010 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 obtaining the prior written consent of GRANTEE. GRANTEE may at any time 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 addi- tional compensation to GRANTOR or GRANTOR's heirs, successors. or assigns, pro- vided 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 per- mit 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 pre- siding 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 WIT~SS~HEREOF, the GRANTOR has executed of e.. rtAa.rv , 19~. ! ,";: ~'-"I! rift this easement this c'<, day MY COMMISSION 8(f'I1:;"" ,,,:>aUARY26, 1997 Thillt to CIIti" tut llle iIIttIIIt 11\ leal plC,j1&ItJ f.1a.~,ed bythtHedOl(llllt~d.,J,'t-';',... \<"L "i)(~.:\o~rv' (,oJ. L~.. f ' "'tht~ at ....." a iticII c:arpor1tiollllldlor .....I!IIIIII ..., is IIIreIIJ __ -. tilt tIIIdeI1iped offiCer or IPIIt 011 ... IIaIf of tilt CitJ C4a1IciI ~ " authority COAfIrIIIt " RMOItItiaII /to. ~ ~ 011 JaMIIy 20. 1981 II1II till arlltle COAMIIID ._... tlMltDl by lis hIJ ....... olflcll. oat .J- ,e'l - q '-\.--8J ~(~T r- 2\J/'u"t:- '.. v. DAVID'" fDOTf . F-DRAINAG2 2011 Project Number 10101.00 Kindercare [Revised] February 21, 1994 LEGAL DESCRIPTION FOR STORM DRAIN EASEMENT That portion of Parcell of Parcel Map No. 16904 in the City of Poway, County of San Diego, State of California, as filed in the Office of the County Recorder of San Diego County on July 16, 1992, as F/P 92-0445537 of Official Records, bounded and described as follows: Commencing at the most northerly corner of said Parcel 1, being a point on a curve concave northeasterly having a radius of 1,563.00 feet, a radial line through said most northerly corner bears N 38" 34 '19" E, thence southeasterly along said curve and the northeasterly line of said Parcel 1 through a central angle of 00"34'19" an arc length of 15.60 feet, thence continuing along said northeasterly line and tangent to said curve, S 52" 00'00" E a distance of 213.46 feet to the beginning of a tangent curve concave southwesterly and having a radius of 20.00 feet, thence southeasterly along said last mentioned curve through a central angle of 73052'50" an arc length of 25.79 feet to a point of reverse curvature with a 1,760.05 foot radius curve, concave southeasterly, thence southwesterly along said last mentioned curve and the southeasterly Jine of said Parcel 1 through a central angle of 00" 29'35" an arc length of 15.15 feet, thence leaving said southeasterly line, N 49" 15'28" W a distance of 253.00 feet to the northwesterly line of said Parcell, thence N 38"34'19" along the northwesterly line of said Parcell a distance 16.95 feet to the most northerly corner of said Parcell and the Point of Beginning. --~-- "'\ ;L N 83'ZO'4.3::' W ~ :z 0\ 6 0.1 ~\ ,.., ,1>' o 0,\ L-- R=630,OO' L=11Z,67' '" , .~ .~ ~I 4' ,",' ~ 0,1 2012 "- "- "44,:"- '11iD"- "- t>~ 00'34\9" R ~ 1563.00' l = 15,60' 4' 18~' ,;.f)$.J?,' "'-2: f)> ,.,. ~Jv.s: "1:t;, ~ 90' ,?f)~ ~/y ",,~;,o6"~ ......./y /)!'Z ~ "- ~ ~!' "- ~ .:t- o,' .:t- ~ 'I/<J~ "- ~~aa' '- ~ /8,J?' .... 6.,;f.abf{> ;--. $<,,,>-" "'a' 00'':--., /y ~'.J ~~~ <1So'l1/). ~~~ "- ""<tOPf'I:'<~$.J'---""""--::> "- P<R' S,o ~~ "- ""4i1C<'~" 4'044'~:T'," ,oO;e ;. '8f)O$44'~'$~80~J$' ~~?-- "'Sc. ~' 8' "- 4P/4'C "- "- b. ~ 00'4156" R ~ 1760,05' l ~ 21,98' ^-. (';--1 , <./ <....C) ~<'" <~ \' ~z ~\' ,,' \,-, ( ......1 c.f" ((; cd <....) A.; '\>, <'" () \' ~O' " "> f!E .,.. Qo ."'-..1 ." ~ ~ SCJ>.\.E:""~' t>~ 88"23'1" R ~ 20,00: l = 3Q,85 "''''';,1014'48' ____ _ ~O~E RIQ,GE If - 'lOAD - - ) 61' I I~ I "- I / I ;1 8 I I r I 510RM DR"\\-< ("5(.\.\\:.\-<1 pl\RC(L \ Of pl\RC(L \11M' 1<0. \6904 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 2013 NO.S907 State of ALABAMA County of MONTGOMERY On July 15 I 1994 before me, CAROL SIMMS DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared David L. Hiott I KC DEVELOPMENT CORP. NAME(S) OF SIGNEA(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. ~'ii WITNESS my hand and official seal. r;:;~J~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent Iraudulent reattachment 01 this form, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL [XI CORPORATE OFFICER DAVID L HIOTI VICE PRESIDeNT o PARTNER(S) 0 LIMITED o GENERAL DESCRIPTION OF ATTACHED DOCUMENT GRANT OF EASEMENT DRAINAGE TITLE OR TYPE OF DOCUMENT 4 o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR J(] OTHER\<C DEVELOPMENT CORP. "" DATE OF DOCUMENT SIGNER IS REPRESENTING: ~ NAME OF PERSON(S) 0 ~ SIGNER(S) OTHER THAN NAMED ABOVE David L. HiO:t, KC DEVELOPMENT CO NUMBER OF PAGES @1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184