Grant of Easement Drainage 1991-0438027
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1875
RECORDING REQUESTED BY: )
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CITY OF POWAY )
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AND WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P,O, BOX 78 9 )
POWAY, CA 92064 )
[-~ " 1991-0438027
27-AUG-1991 08:44 AM
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S OfFICE
ANNETTE EVANS, COUNTY RECOROER
FEES: 0.00
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(This space for Recorder's Use)
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This document affects APN 317-474-06
GRANT OF EASEMENT
DRAINAGE
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Ralph D. Powers and Dolora A, Powers Husband and Wife as Community Prooerty,
(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 below, to erect, construct,
reconstruct, replace, repair, maintain, and use a drainage struc-
ture for any and all purposes, 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 hereinafter determine in its sole discretion without any
additional compensation therefore, 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 right of way situated in adjacent lands, without any
additional compensation therefore.
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:
See Exhibit "A" attached hereto and made a part hereof.
Said easement of right of way in the aforesaid lands is par-
ticularly described as follows:
See Exhibit "B" attached hereto and made a part hereof.
(Exhibit B consists of Legal Description & Plat)
1876
GRANTOR, its heirs, s ;essors and assigns shall Jt 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 Director of Public Services 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 obtaining the prior writ-
ten 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 pipe-
lines or other improvements as it may determine in its sole discre-
tion 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 WITN~SS WHEREOF, the GRANTOR has executed this Easement
/.r~ day of a~ ' 19 9/ '
Ihis is to certify t~lt the interest in real property CllIlveyed
by lhe deed Of pnt datod ll-IS-'11 from Re...l~\.. V.
'Pow,""" . Vel.... f'>... 'Po..........> In the City
of Poway, a political corpoI1tion end/Of llO'III1mentat apncy
is hereby accapl1d by tile undel1iped officer Of aaaat 8ft bt-
hall of the City Council pursuant to .uthority conftn8d "
Resolution No. 34 adopted on Jenuary 20, 1!l81 .00 the
graatee conS1lllts to __n u.-f by its dtIy I1lllIarilId
officer,
this
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RALPH D. POWERS
~-CL,(J. ~,~
DOLORA A. POWERS
Dated: 1s'~~~'i1
IlJ Lhfk;.~ k:1V~k
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INDIVIDUAL ACKNOWLEDGMENT
.1Il':'II( ...... 'It * .. "J?* *, .. * *.. * * * * * .. * ~ * * * * .. * 181*7*~* *.. * * .. * .. .. * * * ..* * *
~: State of ( A~A1-'.(/ On thls the/st-L day of _,-,....::1 19 U, before Ire, *
* ,/ j) ) $. *
* 'County of JddAf if"?Jvo- } ))_~ JJ ))w ~f://~ , *
* the ersigned Notary Public, personally appeared *
: ~h_12J1 w~"S + f1Jotq If .foUJH5 , :
* 0 personally known to me *
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* @ OFFICIAL SEAL [}--:Proved to me on the basis of satisfactory evidence *
* ..", , NANCY N NEUFELD to be the person (s) whose narre (s) II J e...- subscribed *
* _. '. ~':b= to the within instrument, and acknowledged that H~ *
* , executed it. *
* My Canm.Ellp.Doc. 21,11lll2 ~s my hand and official seal. *
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* 1 t e *
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PARlNERSHIP ~
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On this the day of 19 _, before Ire, *
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* Notary's Signature *
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* State of
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* County of }
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the undersigned Notary Public, personally appeared
o personally kn= to me
o proved to Ire on the basis of satiSfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and acknowledged to Ire that
the partnership executed it. '
WITNESS my hand and official seal.
XlRFORATE: ~
t * * * * * * * * * * * * * * * * * * '. * * * * * . * * * * * * * * * * * * * * * * * * * * * *
· State of On this the day of 19 _, before me, *
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· County of } , *
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the undersigned Notary Public, personally appeared
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o personally kn= to Ire
n proved to me on the basis of satisfactory evidence to
'be the person(s) who executed the within instrument as
or on behalf of the corporation
therein nam=d, and acknowledged to me that thencorporation *
executed it. *
WI'rnESS my hand and official seal. *
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Notary's Signature *
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6/84)
1878
"EXHIBIT A"
PARCEL 1:
That port~on of the East 400,00 feet of the East half of the Northeast
Quarter of the Southwest Quarter of Section 13, Township 14 South,
Range 2 West, San Bernardino Meridian, in the County of San Diego,
State of California, according to United States Government Survey
approved September 11, 1879, described as follows:
Beginning at a point on the East line of said East half of the
Northeast Quarter of the Southwest Quarter of Section 13 which is
distant 400.00 feet North of the Southeast corner of said Northeast
Quarter of the Southwest Quarter; thence South 400.00 feet to said
Southeast corner; thence West along the South line 400.00 feet to the
Southwest corner of said East 400.00 feet of the Northeast Quarter of
the Southwest Quarter; thence North along the West line of said East
400.00 feet, a distance of 200,00 feet; thence Northeasterly in a
straight line to the Point of Beginning.
1879
"EXHIBIT B"
The westerly 38.00 feet of the easterly 80,00 feet of that portion
of the easter 1 y 400.00 feet of the Northeast Quarter of the
Southwest Quarter of Section 13, T. 14 S, R. 2 W, S.B.M., in the
City of Poway, County of San Diego, State of California according
to U, S, Government Survey approved September 11, 1879 1 yi ng
southerly of a line that begins at a point on the westerly line of
said easterly 400.00 feet distant thereon 200.00 feet northerly of
the southerl/ line of said Northeast Quarter and running
"northeasterly in a stra1ght line to a point on the easterly line
of said Nor~heast Quarter distant thereon 400,00 feet northerly of
the southerly 11ne of said Northeast Quarter and also lying
northerly of a line parallel with and distant 297.00 feet northerly
of the southerly line of said Northeast Quarter,
EXCEPTING THEREFROM that certain drainage easement offered for
dedication in that certain IRREVOCABLE OFFER TO DEDICATE REAL
PROPERTY FOR PUBLIC PURPOSES recorded in the Office of the County
Recorder cf said County on December 2. 1371 as File No, 297236 of
Offic~al Records.
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"EXHIBIT B"
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