Grant of Easement Drainage 1992-0284900
RECORDING REQUESTED B,:
1954
~.l U 1992-0284900
12-MAY-1992 08145 AM
OfFICIAl RECORDS
SAM DIEGO COUKTY RECORDER'S OFFICE
ANNEnE EIJAIIS, CIlUHTY RECORDER
FEESI 0.00
HA
CITY OF POWAY
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P,O. BOX 7ag
POWAY, CA 92064
APN 273-911-44
This space for Recorder's use
No Documentary Transfer Tax
No Fee
GRANT OF EASEMENT
DRAINAGE
Steven Davis and Jane Davis, (hereinafter "GRANTOR") hereby grants to CITY OF
POWAY (hereinafter "GRANTEE") its successors, or assigns, the following
described easement for right-of-way 10-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 pur-
poses, together with such fixtures and appurtenances, 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 addi-
tional 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:
Lot 5a of the City of poway Tract No. a1-01 Unit 1, in the City of
Poway, County of San Diego, State of California, according to the
map thereof No. 11037, filed in the Office of the County Recorder
os San Diego County, September 14, 19a4.
Said easement of right-of-way in the aforesaid lands is particularly described
as follows:
SEE ATTACHED LEGAL DESCRIPTION AND PLAT MADE 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 or 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
1955
remove any trees, brush, or other vegetation or flora from time to time as
GRANTEE detennines 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 detennine 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 detennined by the court or the pre-
siding officer having authority to make this detennination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant
this easement in accordance with its tenns.
IN WITNESS WHEREOF, the GRANTOR has executed this easement this J&,!i day
of , Do>rC"....kr , 19~.
d:eu/~
This is to certify t~at the interal in real property conveyed
bytlledeedorlflll\da\lId 1;..1(,-11,," ste-v......
~~ "'-t -:r...... -o...vi) Intller~\y
of Poway, a political corporation and/or IIlvernmentll agency
is hereby accepted by the undcrsigaed officer or agent on be-
half of the City Council pursuant to authority conferred by
Rc~lution No. 34 adopted on January 20, 1981 and the
f'..1ntee consents to recordation thereof by its duly authorized
o1n:::er.
Oaled: '5 -1 -'1 ;l... S, ')
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INDIVIDUAL ACKNOWLEDGMENT
StateD!
C/'rc-e"Joi
County of <:;;,.....
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1956
On this the ~day of ..Dee ~ her
C~ ~kc.w
19'1L, before me.
NO. 201
the undersigned Notary Public. personally appeared
LC::~P\l~
Dav..:s
G p~n-^n~lly knnwn tn mp.
)Q. proved to me on the basis of satisfactory eyidence
to be the person~ whose name.k) /S
within instrument. and acknowledged that A I2J
WITNESS my hand and official seal.
~ ~A!~
Notary's Signature
subscribed to the
executed it.
ATTENTION NOTARY: Although the information requested below is OPTlONA?J!. could prevent fraudulent attachment of this certificate to another document.
THISCERTlRCATE Title or Type of Document t,::,-t{>A....... of 8J.Eme.-~,.
MUST BE ATTACHED Numberoff'ages 51 Date of Document /:?_/~~91
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 0<7 "., DCH) i <;
* * * * * * * * /*~ * * * * * * * * * * * * * * . * * * * * * *
01 this the ::t::::::::.- day of m.c......, 19~, before m:, *
SS. c-;-., I *
~ -fo'HYU..--C-S (!./ftloc rnrt;.f;::-U'- , *
the undersigned tbtary Public, personally appeared *
~ ill~
-{;1 IJPrsonally Jmr-...m t-n ~
ti proved to Ire on the basis of satisfactory evidence
~ be the person(s) whose llaI1'e(s) is subscribed
to the within inst.runent, and acknc7Nledged that :5I-/E
executed it.
WIWESS my hand and official seal.
2~~t!e~-M-P }rf\~
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7100-010
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. state of ~AA.AtL4,)
County of~ b ~ )
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@ OFFICfAlNOTARYSEAL
PHYLUS CAROl. MANFUL
_. . Notary PullI1c - California
, SAN DIEGO COUNTY
My Comm. Explr.. OEC 05, 1~5
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c NR'IONAl ro<<JTARY ASSOCIA1lClN. 8236 FIermlet /we.. P.O. Box 7184. Canoga Park, CA 91:J)4-7184
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1957
LEGAL DESCRIPTION
10 FOOT DRAINAGE EASEMENT DEDICATION
The land referred to herein is situated in the State of California, County of
San Diego, City of Poway, and is described as follows:
A portion of Lot 58 of the City of Poway
of Poway, County of San Diego, State
thereof No. 11037, filed in the Office
County, September 14, 1984, described as
Tract No. 81-01 Unit 1, in the City
of California, according to the map
of the County Recorder of San Diego
follows:
Beginning at the Southwesterly corner of said Lot 58, thence North 90 degrees
00 minutes 00 seconds East, 40.12 feet to the center of a 10.00 foot drainage
easement, granted, per said Map 11037. Thence North 47 degrees 09 minutes 04
seconds East along the centerline of said drainage easement 29.41 feet to the
True Point of Beg;ftn;ng. Said point being on the centerline of a 10 foot wide
drainage easement. The centerline description of said 10 foot wide drainage
easement is as follows:
Thence leaving said 10 foot drainage easement granted per Map 11037, North 90
degrees 00 minutes 00 seconds East, 93.87 feet. Thence North 47 degrees 58
minutes 06 seconds East, 44.08 feet. Thence North 08 degrees 26 minutes 27
seconds East, 65.75 feet to a point on the centerline of the said 10 foot wide
drainage easement granted per Map 11037 and the Point of Termination of said
10 foot drainage easement dedication.
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1958
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