Grant of Easement Drainage 2007-0589932
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CITY OF POWAY ) SEP 06 2007 3'34 PM
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AND WHEN RECORDED MAIL TO' ) ~,.t.;:'l [IIEi,;n I uur',IT'1 FiECOFiLIEF:", nFFICE
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CITY CLERK rT~ ) ,-!I- II,"
CITY OFPOWAY F'....,I~;E' 1-
POBOX 789 Nf ) 111!11!llillllll!11111 I1111 I1111 1IIIi III Ii IIII! 11111 11I1 111111111111111111111111
POWAY, CA 92074 ocnC'v\
9629 I Co r)) 2907 _Q589932
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Tax Parcel No 277-070-33
GRANT OF EASEMENT
DRAINAGE
EA 07-03
No Documentary Transfer Tax Due
EDWARD C MALONE AND BARBARA J MALONE, CO-TRUSTEES UNDER
DECLARATION OF TRUST _ElATED DECEMBER 14, 1972 (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 fiJ<tures 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 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:
PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 19, THE SOUTHWEST
QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20, THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 13 SOUTH, RANGE 1
WEST, S.B B.M, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA
Said easement of right-of-way in the aforesaid lands is particularly described as follows:
SEE ATTACHED LEGAL DESCRIPTION AND PLAT
(EXHIBITS "A" AND "B") MADE A PART HEREIN
GRANTOR, his heirs, successors and assigns shall no(erect or construct or permit to be
erected or constructed any building, structure or improvernentor plant any tree or trees or
plant any other vegetation or flora within said easernent without the express written
approval of the City of Poway as evidenced by the signature of the Director of
Development Services on an approved plan GRANTOR, his heirs,successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
OJ-O~\P
. . 9630
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 written consent of GRANTEE,
GRANTEE may at any time increase its use of the easement, change the location of
pipeiines 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 litigatiol1 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 his terms
IN WITNE~ WHEREOF, the GRANTOR has executed this Easement this /tlJ!
day of ./J.-fIL ,20 07
~ {kT/>Ufie'oz
Edward C Malone, Co-Trustee
(Signatures must be notarized, Notary form attached)
m:engserv\engforms\grant of easement EA 07-03
. . 9631
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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MvComm.ExplresApr . the entityupon behalf of which the persOn(s) @
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I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent .' I
fraudulent removal and reattachment of this form to another document. g
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Description of Attached Document @
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, ' Title or Type of Document: ~
, Document Date: Number of Pages: *
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I, : Signerls) Other Than Named Above: ~
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Capacity(ies) Claimed by Signer @
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~ 1999 National Notary Associalion 9350 De Solo Ave., P,O. Bo. 2402 Chatsworth,' CA91313.2402. www,NalionalNotaryorg Prod No 5907 Reorner: Call Toll Freet.800-876.6827
. . 9632
SHEET 1 OF 3
EXHIBIT "A"
PUBLIC DRAINAGE EASEMENT
PARCEL "A"
A PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, SAID PUBLIC DRAINAGE EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 19, THENCE
ALONG THE NORTH LINE OF THE SAID SOUTH HALF OF SECTION 19, NORTH
87044'53" EAST 2193,08 FEET, THENCE LEAVING SAID NORTH LINE, SOUTH 01014'43"
EAST 407.24 FEET, THENCE SOUTH 70040'28" EAST 38695 FEET, THENCE SOUTH
07059'11" EAST 3403 FEET, THENCE SOUTH 54000'38" WEST 262,71 FEET TO THE
POINT OF CUSP OF A 216.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A
RADIAL LINE TO SAID POINT BEARING SOUTH 11022'21" EAST, THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00025'07" AN ARC DISTANCE
OF 1.58 FEET TO A POINT OF REVERSE CURVATURE WITH A 24400 FOOT CURVE
CONCAVE SOUTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH
11047'28" EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 49006'26" AN ARC DISTANCE OF 209.13 FEET TO A POINT OF REVERSE
CURVATURE WITH A 216.00 FOOT CURVE CONCAVE NORTHEASTERLY, WITH A
RADIAL LINE TO SAID 'POINT BEARING NORTH 37018'58" EAST, THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30050'19"
AN ARC DISTANCE OF 116.26 FEET TO A POINT OF REVERSE CURVATURE WITH A
24400 FOOT CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID
POINT BEARING SOUTH 06028'39" WEST, THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 53022'42" AN ARC DISTANCE OF 227.32
FEET, THENCE SOUTH 30008'39" EAST 117,60 FEET TO THE BEGINNING OF A 26.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL AtJGLE OF 53058'05" AN ARC DISTANCE
OF 2449 FEET TO A POINT OF REVERSE CURVATURE WITH A 42.00 FOOT CURVE
CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH
05053'16" WEST, THENCESOUTHERL Y ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 143005'10" AN ARC DISTANCE OF 104.89 FEET TO THE BEGINNING OF A
LINE RADIAL TO SAID CURVE, THENCE SOUTH 31001'34" EAST 400 FEET RADIALLY
TO THE BEGINNING OF A 46.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY,
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
144051'00" AN ARC DISTANCE OF 116.29 FEET TO A POINT OF REVERSE CURVATURE
. . 9'63 3
SHEET 2 OF 3
WITH A 22.00 FOOT CURVE CONCAVE WESTERLY, WITH A RADIAL LINE TO SAID
POINT BEARING NORTH 66010'34" WEST, THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 53058'05" AN ARC DISTANCE OF 20,72 FEET,
THENCE NORTH 30008'39" WEST 16.57 FEET, THENCE SOUTH 70023'52" WEST 125.30
FEET, THENCE SOUTH 80032'04" WEST 39,90 FEET, THENCE SOUTH 72006'53" WEST
55.99 FEET, THENCE SOUTH 80027'12" WEST 21 84 FEET, THENCE NORTH 62054'14"
WEST 1974 FEET, THENCE NORTH 18028'59" WEST 5793 FEET, THENCE NORTH
33022'15" WEST 40,50 FEET, THENCE SOUTH 38015'13" WEST 35,59 FEET, THENCE
SOUTH 47039'07" WEST 19.90 FEET, THENCE SOUTH 87029'24" WEST 28,65 FEET,
THENCE NORTH 84026'55" WEST 51 40 FEET, THENCE NORTH 67008'14" WEST 47.22
FEET, THENCE NORTH 42017'27" WEST 161 91 FEET, THENCE SOUTH 47045'11" WEST
413.57 FEET, THENCE NORTH 83001'34" WEST 274.03 FEET, THENCE NORTH 34034'46"
WEST 93,30 FEET, THENCE NORTH 05056'13" EAST 178.19 FEET, THENCE NORTH
09003'15" EAST 125.21 FEET, THENCE SOUTH 41000'13" WEST 173.78 FEET, THENCE
SOUTH 86029'36" WEST 74 19 FEET, THENCE NORTH 86019'02" WEST 81 73 FEET TO
THE BEGINNING OF A NONTANGENT 80.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 14038'10"
WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 91033'55" AN ARC DISTANCE OF 127,85 FEET, THENCE NORTH 16012'05"
EAST 56.83 FEET, THENCE NORTH 49029'22" EAST 9077 FEET, THENCE NORTH
02039'53" EAST 21,94 FEET, THENCE SOUTH 49029'22" WEST 121 40 FEET, THENCE
NORTH 77050'35" WEST 72.52 FEET, THENCE NORTH 27053'21" WEST 135,70 FEET TO
THE BEGINNING OF A NONTANGENT 229.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 47032'55" EAST,
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48047'56"
AN ARC DISTANCE OF 195.04 FEET, THENCE NORTH 88044'59" WEST 138,76 FEET TO
THE BEGINNING OF A 130,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
80048'00" AN ARC DISTANCE OF 183,33 FEET, THENCE SOUTH 10027'01" WEST 17648
FEET, THENCE SOUTH 67059'58" WEST 198,67 FEET, THENCE NORTH 88009'49" WEST
205,59 FEET, THENCE NORTH 41036'39" WEST 68.35 FEET TO THE BEGINNING OF A
NONTANGENT 256.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A
RADIAL LINE TO SAID POINT BEARING SOUTH 48028'48" EAST, THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27042'08"
AN ARC DISTANCE OF 123.77 FEET TO A POINT OF REVERSE CURVATURE WITH A
18,00 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID
POINT BEARING SOUTH 20046'40" EAST, THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 78033'55" AN ARC DISTANCE OF 24,68 FEET
TO A POINT OF REVERSE CURVATURE WITH A 248,00 FOOT CURVE CONCAVE
WESTERL Y, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 80039'25" WEST,
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23025'56" AN ARC DISTANCE OF 101 42 FEET TO A POINT OF REVERSE CURVATURE
WITH A 212.00 FOOT CURVE CONCAVE EASTERLY, WITH A RADIAL LINE TO SAID
. . 9634
SHEET 3 OF 3
POINT BEARING SOUTH 75054'39" EAST, THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 17007'39" AN ARC DISTANCE OF 63,37 FEET TO THE
TRUE POINT OF BEGINNING, WITH A RADIAL LINE TO SAID TRUE POINT OF
BEGINNING BEARING SOUTH 86057'42" WEST AND THE BEGINNING OF A
NONTANGENT LINE, THENCE SOUTH 87025'16" EAST 8065 FEET, THENCE SOUTH
15027'44" EAST 5710 FEET, THENCE SOUTH 46029'56" WEST 77.80 FEET TO THE
BEGINNING OF A NONTANGENT 212.00 FOOT RADIUS CURVE CONCAVE EASTERLY,
WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 54023'12" WEST, THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32034'30" AN ARC
DISTANCE OF 120 53 FEET TO THE TRUE POINT OF BEGINNING
THE HEREINABOVE DESCRIBED AREA CONTAINS 0.163 ACRES MORE OR LESS.
('-' 4~
MARK A. BRENCICK, L,S. 7226
LANDMARK CONSULTING
20-6/WLEGALSlclyDRNesmt,doc
. EXHIBIT "B" . 9635
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 1 or 10
P O,B, INDICA TES POINT OF BEGINNING
T,P O,B, INDICATES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
E 1/4 COR
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L1 SEe 19 SEe 20
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EASEMENT CITY OF POWA Y
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SEe 19 SEe 20
SEe 30 SEe 29
S 1/4 COR SEE SHEET 10 FOR
SEe 19 TABULA TED TRA VERSE DA TA.
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MARK A, BRENCICK. LS 7226
20-6 1M IMISC-D WG/CTYdrn, dwg
. EXHIBIT "B" . 9636
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 2 or 10
P O,B, INDICA TES POINT OF BEGINNING
TP O,B, INDICA TES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
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20-6/M IMISC-D WG/CTYdrn, dwg
. EXHIBIT "B" . 9637
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET J or 10
P O,B, INDICA TES POINT OF BEGINNING
T, P 0, B, INDICA TES TRUE POIN T OF BEGINNING
~ ~~ INDICA TES PUBLIC DRAINAGE EASEMENT
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. EXHIBIT "B" .' 9638
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 4 OF 10
P O,B, INDICA TES POINT OF BEGINNING
T.P O,B, INDICA TES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
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. EXHIBIT "B" . 9639
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 5 Or 70
P O,B, INDICA TES POINT OF BEGINNING
T.P O,B, INDICATES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
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TABULATED TRAVmS[ DATA.
20- 6 1M IMISC - D we Ie TYden, dwg
. EXHIBIT "B" . 9640
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 6 OF 10
P O,B, INDICA TES POINT OF BEGINNING
T.P O,B, INDICA TES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
SEE SHEET 7
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. "B" . 9641
EXHIBIT
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PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 7 or 70
P O,B, INDICA TES POINT OF BEGINNING
T, P 0, B, INDICA TES TRUE paiN T OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
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20- 6 1M IMISC -0 we IC Tl'drn, dwg
. EXHIBIT "B" . 9642
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 8 or 70
P O,B, INDICA TES POINT OF BEGINNING
TP 0 B, INDICA TES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
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. EXHIBIT "B" . 9643
PUBLIC DRAINAGE EASEMENT
LEGEND SHEET 9 O~ 10
P O.B. INDICA TES POINT OF BEGINNING '~"~~~~
T.P O.B. INDICA TES TRUE POINT OF BEGINNING
~ INDICA TES PUBLIC DRAINAGE EASEMENT
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SEE SHEET 10 FOR
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20-6/M/MlSC -DWG/C rYdrn. dwg
. EXHIBIT "B" . 9644
PUBLIC DRAINAGE EASEMENT
SHEET 1 0 O~ 10
LINE DA TA LINE DA TA
NO BEARING DISTANC[ NO B[ARING DISTANCE
LI N87"44'53"[ 219308' U2 N02'39'53"[ 2194'
L2 N01"J4'43"W 40724' U3 N49'29'22"E 12140'
U N70'40'28"W 38695' U4 N77"50'35"W 72,52'
L4 N07'59'11"W 34 03' U5 N27'53'21 "w 135 70'
L5 N54 '00'38"[ 262.71' U6 N88'44'59"W 138 76'
L6 N30'08'39''W 11760' U7 Nl 0'27'01 "[ 1 /648'
L7 N31 '01 '34 ''W(R) 4 00' U8 N67"59'58"[ 198,67'
L8 N30'08'39"W 1657' U9 N88'09'49"W 205.59 '
L9 N70'23'52"E 12530' L40 N4J'36'39"W 68.35'
LlO N80'32'04"[ 3990' L41 N87'25'16"W 8065'
Lll N72'06'53"E 5599' L42 NI5'27'44"W 5710'
Ll2 N80'27'12"[ 2184' L43 N46'29'56"E 77 80'
Ll3 N62'54'14"W 1974' L44 N87"44 '53"E 555.58'
Ll4 NI8'28'59"W 5793'
Ll5 N33'22'15"W 4050' CURVE DA TA
Ll6 N38'1:J'13"[ 3559' NO RADIUS DELTA ARC
Ll7 N47'39'07"[ 1990' CI 21600' 00'25'07" 158'
Ll8 N87'29'24 "[ 28.65' C2 244 00' 49'06'26" 20913'
Ll9 N84'26'55"W 5140' C3 216 00' 30'50'19" 11626'
L20 N67'08'14"W 4722' C4 244 00' 53'22'42" 22732'
L21 N42'17'27"W 16191' C5 2600' 53'58'05" 2449'
L22 N47'45'JI "E 41357' C6 42,00' 143'05'10" 10489'
L2J N83'01'34"W 27403' C7 4600' 144'51'00" 11629'
L24 N3434'46"W 9330' C8 2200' 53'58'05" 2072'
L25 N05'56'13"[ 178.19' C9 8000' 91'33'55" 12785'
L26 N09'03'15"E 125.21' C10 229 00' 48'47'56" 19504'
L27 N41'00'13"[ 17378' C11 13000' 80'48'00" 183 33'
L28 N86'29'36"E 7419' C12 256 00' 27"42'08" 12377'
L29 N86'19'02"W 81 73' C13 18.00' 78'33'55" 2468'
UO NI6'12'05"[ 56 83' C14 248.00' 23'25'56" 10/42'
UI N49'29'22"E 9077' C15 21200' 17'07'39" 6337'
CI6 21200' 32'34'30" 12053'
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20-6 1M /MISC-UWG 'CTYdrn.dYig
. .645 /7
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated:.AyJVl:L i7b -I!-- 2fj):J- from EDWARD C MALONE AND BARBARA J.
I
MALONE, CO-TRUSTEES UNDER DECLARATION OF TRUST DATED DECEMBER 14,
1972, Grantor, to the City of Poway, Grantee, 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: ~/~OO7 CITY OF POWA Y
By~ba~:-'