Grant of Easement Drainage 2003-0423775
R'Et6RDINGREQUESTE'" 1 ,
, DOG~ I
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" 2003'-0423775 I
CITY OF POWAY I
- - APR 14. 2003 8:12 AM,
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AND WHEN RECORDED MAIL TO' I OFFICIAL RECORDS I
SfIN DIEGO aJlJHTY RECllWER'S OFFICE ,
~ CITY CLERK \ GREGIJRV J. SMITH. COOOY REaJRDER I
0P. CITY OF POWAY i FEES: 0.00 I
}r POBOX 789 I oc: NA _I
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W'c&f POWAY, CA 92074 I
If
rJ No transfer tax due (This. space for Reco~der's Use)
APN 3~ 7-620-42 NO DOCUMENT TRANSFER TAX NO fEE
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GRANT OF E(\SEMENT
(DRAINAGE)
ROBERT R KENYON (hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(~ereinafter "GRANTEE"), its successors, or assigns, the following described easement for a
right-of-way in, upon, over, under and.across the lands de~cribed in Exhibit "A" and depicted
in,Exhibit"B",to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or
pipelines for any and all purposes, together with such fixtures and appurtenances, including
but not limited to, facilities for power transmission and communication purposes, 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 easementfor access to GRANTEE'S rights-of-way situated in adjacenflands,
without any additional compensation'therefor
The land encompassing this easement is situated in the City of Poway, County of San Diego,
State of:California; and is more particularly described as fol!ows, to INit:
PORTION'OF LOT 232, OF HERITAGE HILL UNITNO 5, IN THE CITY OF POWAY,
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COUNTY OF SANDIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 6608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MARCH 30,1970
Said easement of right-of-way in the aforesaid land is particularly described as follows:
(SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF)
GRANTOR, its heirs,success~rs and assigns shall not 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 City Engineer on an approved plan,
GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on'any
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P?i\ion of the easement.
GRANTEEmayuse'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, orother vegefation or flora 'from time to time as GRANTEE determines in its sole
discretioh withoutany'additibnal compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over
this easement without the prior written consent of GRANTEE.
GRANTEE, may at anytime 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 additional compensation to GRANTOR or GRANTOR'S heirs,
successors, or. assigns, provided GRANTEE does not expand its..use of the easement beyond
the ,easement bounaaries 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 permiHo 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 priorwrittenconsent of the GRANTEE.
In the event of any dispute involving this Agreement, whetheror not litigation is commenced,
or if aoy arbitration proceeding, admiriistrative 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 WITNESS WHEREOF, the GRANTOR has executed this easement this ,"Z~ day of
- K~(tuMlM- ,2003
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,.- ~..,.. '. ROBERT R. KENYON
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(Signatures must be notarized, Notary form attached)
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EXHIBIT "A"
DRAINAGE EASEMENT
THAT PORTION OF LOT 232, OF HERITAGE HILL UNIT NO 5, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 6608, FILED IN THE OFFICE OF THE COUNTY RECGRDER OF SAN
DIEGO COUNTY ON MARCH 30, 1970, DESCRIBED AS FOLLOWS
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BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 232; THENCE ALONG
THE WESTERLY LINE THEREOF NORTH 01026'01" EAST, 200.00 FEET, THENCE
LEAVING SAID WESTERLY LINE NORTH 88026'13" EA$T, 37,33 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG:'NORTH 88026'13" EAST, 23:23
FEET, THENCE SOUTH 29001'59" WEST, 109.86 FEET TO A POINT ON THE WESTERLY
LINE OF THAT DRAINAGE EASEMENT GRANTED TO THE SAN DIEGO COUNTY FLOOD
CONTROL DISTRICT PER MAP NO 6608; THENCE ALONG SAID WESTERLY LINE OF
SAID DRAINAGE EASEMENT NORTH 01026'01" EAST, 43,1TFEET, THENCE LEAVING
SAID WESTERLY LINE NORTH 29001'59" EAST, 58,88 FEET TO THE TRUE POINT OF
BEGINNING.
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, EXHIBIT B
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EXISllNG DRAINAGE EASEMENT JZ , V (., ,.~;:;_' z
TO SAN DIEGO COUNTY ,-:;:' '~:\::<;:) '.' SCALE' 1"=40'
FLOOD CONTROL DISTRICT
PER MAP 6608
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71.00'
PAPAGO DRIVE
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DRAINAGE EASEMENT IN
LOT 232 OF HERITAGE HILLS
UNIT NO. 5, MAP 6608
- . 'dAi.~FORNIA.AlL'POR().E ACKNOWlEDGMENT .
;.-
Sta.te of CALIfORNIA
County of SAN DIEGO
On FEBRUARY 12, 2003 before me, JAMES L. LANDRY. LN1(Sw/AW). USN
Date Name and TIlle of Officer (e.g" "Jane Doe, Notary Public")
personally appeared ROBERT R. KENYON
Name(s)01 Signer(s)
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!Xl 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.subscribedto the within.instrument
and acknowledged to me that he/she/they execyt!;ld the
same in hislher/their authortzed capaclty(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the en-tity\upon behalf of which the person(s) acted,
executed the 'instrument.
FEDERAL. NOTARIAL AUTHORITY
10USC1044a. NO SEAL REQUIRED. ~igna
MY CO~1MISSION EXPIRES: 03jUL Y2004 COMMAND LEGALMAN (LHD 4)
OPTIONAL
o General
Top of thumb here Top of thumb here
Signer Is Representing: Signer Is Representing:
C 199' NatiOnal Notary Association. 8236 RemmetAve., P.O. Box 1184. Canoga Par1<., CA9130!H1B4 Prod. No. 5907 Reorder: Can Ton-Free, 1-8Q0.876-6627
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the
deed or grant dated
February 12, 2003 from Robert R. Kenvon to the
City of Poway, a political corporation and/or governmerital 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: April 8. 2003 Qu,
rk
M :lengservlEasementslT uscarora-Kenyon-CertificateAcceptance. DOC