Grant of Easement Drainage 2008-0458233
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RECORDfNG REQUESTED BY. ". 111111111 11111111 111/11111/1111111111111111111111111111111111111111111 I
C:.HI~ '11\~
AND WHEN RECORDED MAIL TO' 4.27 PM
AUG 26, 2008
CITY CLERK OFFICIAL RECDR[I'-.
CITY OF POWAY pB ':<,~JJ DIEI10 I~OU~H', F,ECOF![ICR'~, UFFICE
I::iFiEr;om ,j, St...lITH IJIIJN r'f FiEr'OR[IEF:
P.O. BOX 789 Ie FEE'" 0,00
PAGES: 7
POWAY, CA 92074 Np 11011111111111110111111110111111111111111111 Oil' 01111111111111 011111111111
APN: 314-213-19, 20, 21 Space above this line reserved for Recorder's Use Only
Gov!. Code 27361.6
t?,~'19
DRAINAGE EASEMENT
CORRECTION to: Doc No. 2008-0443563 on August 19, 2008 at 1:08pm
',e 0::,,"'-"-7 L l'GM. CH;.$Ot.IPrr~..J
(Please fill in document tLtle(s) on this line)
GOY!. Code 27324
THISPJ;GE ADDED TO PROVIDE ADEQU" TE SPACE FOR RECORDING INFORMA nON
(jov!. Code 27361.6
(Additional recording fee applies)
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RECORDING REQUESTED BY )
) 8580
CITY OF POWAY )
)
AND WHEN RECORDED MAIL TO )
)
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
)
(This space for Recorder's Use)
APN: 314-213-19,20, and 21
DRAINAGE EASEMENT
NO DOCUMENTARY TRANSFER TAX DUE
POWAY REDEVELOPMENT AGENCY (hereinafter "GRANTOR") hereby grants to
CITY OF POWAY (hereinafter "GRANTEE"), its successors, or assigns, an easement
for drainage purposes, in, upon, over, under, and across the lands described below, to
erect, construct, reconstruct, replace, repair, and maintain, an open channel and pipelines
or other drainage devices, together with all related fixtures and appurtenances, at such
locations and elevations, upon, along, over, and under the lands 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 said 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 City of Poway, County of San
Diego, State of California, and is more particularly described as follows.
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A. AND PLAT EXHIBIT B
MADE A PART HEREIN)
GRANTOR, its heirs, successors 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 Director of
Development 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 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 this easement, or modify the size
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8581
of existing pip.elines 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 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 his terms.
IN WITNESS WHEREOF, GRANTOR has executed this Easement this Zu tLday of
ItIU1 U ~I , 2008
POWAY REDEVELOPMENT AGENCY
.~~.
Rod Gould, Executive Director
(Signature must be notarized. Notary form attached.)
Approved as to Form
Office of the City Attorney
Vl(J~ ~ B-2 (p -00
Lisa Foster, City Attorney Date
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8582
CALIFORNIA ALL.PIIJRPOSE,ACKNOWLEDGMENT
~~""^='>~~&<O(>~~~~"';';;-~~~~G<h~~"",,,"~~~~~~~~
State of California }
County of San Diego
On 1l14~ /(1)-r1 (p, 2tJt7 j> before me, Phyllis Shinn, Notary Public
Dale , Here InserlName and Tille 01 the Officer
personally appeared ~ :tI r;; Ow CD Name(s}01 Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personW, whose nametiJ. isi~subscribed to the
within instrument and acknowledged to me that
t heiSl4it~ executed the same in hisi~ittMir authori;zed
capacity(i9S1, and that ~ his/t1)6it~ signature()t on the
I instrument the person ,or the entity upon behalf of
which the person()Q acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
Place Notarv Seal Above Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent frauduleni removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: I;e 1/10 c: Cth c;V7
Document Date: Ilu ~. Z L, 200 d' roS;z:x:; Number ot Pages:
Signer(s) Other Than Named Above: lin J/)m 6""0 [ lJ1bY~
/
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer- Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact . o Attorney in Fact .
o Trustee Top of thumb here o Trustee Top of thumb here
D Guardian or Conservator o Guardian or Conservator
o Other- o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~~~~~~-g,:.'H>~~~~'~=~'~~~~~
@200'7National Notary Association' 9350 De Solo Ave., P.O Box 2402' Chatsworlh, CA 91313-2402' www,J\lalionaINolary.org 11em #5907 Reorder; Call Toll Free 1-000 875.6827
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EXHIBIT A 8583
LEGAL DESCRIPTION OF DRAINAGE EASEMENT
ALL THAT P0RTION OF PARCELS 'A', 'B' AND 'C', IN THE CITY OF POWAY,
- -.. "- .
COUNTY OFSAN DIEGO, STATE OF CALIFORNIA ACCORDINGTO BOljNDARY
ADJUSTMENT CERTIFICATE: OF COMPLIANCE, BA NO 07-01, RECORDED JULY 8,
- "-. - - . - .. .
2008 AS'DOCUMENT NO .2008-0365250 OF OFFICIAL RECORDS OF SAID COUNTY
OF SAN DIEGO, DESCRIBED AS FOLLOWS:
BEGJN.NING'AT A POINT QNTHENORTHERL Y LINE OF SAID PARCEL 'A' OF SAID
CERTIFiCATE OF COMPLIANCE, SAID POINT ALSO BEING A POINT ON THE
EASTERLY RIGHT OFWAY LINE OF COMMUNITY ROAD (102.00 FEETWIDE),SAID
P0INTBEARS'SOUTH89'24'17" EAST 23.79 FEET FROM THE NORTHWEST
'_ -'..- c.. - _ - . -"7'_"
CORNER OF SAID PARCEL 'A'; THENCE CONTINUING.ALONGSAID NORTH!=RL Y
L1NE"OFSAID PARCEL 'A'SOUTH 89024'17" EAST216.76.FEET, THENCE.SOUTH
Ob~20;0~8" EAsT 7 13 FEET, THENCE NORTH8~035:55" EASnO.OO FEET, THENCE
SOUTH 00020'08" EAST 1 0 53 FEET ALONG THE EASTERLY LINE OF SAID PARCEL
; 'A'; THENCE LEAVING SAID EASTERLY LINE OF PAR~EL'A', SOUTH 49026'08"
WEST 177.86 FEETTO -r:HE BEGINNING OF A TANGENT CURVE CONCAVE
S0UTtlEASl:ERL Y HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO SAID
C;:URVE BEARS NORTH4q033'5;Z" WEST, THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG SAID CURVE 52.11 FEET, THRQ.UGHA CENTRAL ANGEL OF
49045'58"; THENCE SOUTH.00019'50'' EAST 163.71 FEET TO THE SOUTHERLY LINE
OFSAID PARCEL 'C'; THENCE S0UTH 89039'52" WEST8961 FEET ALONG SAID
SOUTHERLY LINE OF SAID PARCEL 'C' TO THE EASTERLY RIGHT OF WAY LINE
OF SAID C0MMUNITY ROAD BEING A POINT 5100 FEET EASTERLY OF THE
CENTERLINE of,sAID c6MMUNiTYROAD AS SHGWNON THE MAP OF LAS
CADEt'JA$UNIJ"1,IN THE.CITYOF POWAY, COUNTY OF 'SAN DIEGO, STATEOF
CALIFORNIA, ACCORDINGcTO MAP TrlEREOF NO .74.15, RECORDED IN THE
OFFICE: Of THE COtJTNY REc:;ORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972; TRENCE PARALLEL TO SAID CENTERLINE AND'ALONG SAID EASTERLY
RIGHT"OF WAY NORTH 00020'49"WEST 345.53 FEET TO THE POINT OF
BEGINNING
CONTAINS: 1 013 ACRES
cf'~ 7. 2cI~
DATED
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POWA Y REDtVELOPMENT AGENCY ( ) RECORD DATA PER
MAP NO. 7415
BY' ~~.~~~, . :~/. POB POINT OF BEGINNING
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ROD GOt/liD DATE 'I
EXECUTIVE DIRECTOR 1"'--'''' -
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- -- ENGfNEERS
EYCNlllSrff 'B ENGINEERS & SURVEYORS
3434:FoiJrt . ve.,:San, Diego, CA
92103'57 . ') 299-5550
Cln' OF PO~AY CA
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SCALE. 1'~='60' - .
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8585
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Drainage
Easement dated: August 26, 2008 from the Poway Redevelopment Agency, 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 August 26, 2008 CITY OF POWAY
Seal: