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
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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
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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.
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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