Grant of Easement Drainage 2008-0443563
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RECORDING REQUESTED BY ) THE ORIGINAL OF THIS DOCUMENT
) WAS RECORDED ON AUG 19 2008
DOCUMENT NUMBER 2008-0443563
CITY OF POWAY ) GREGORY J. SMITH, COUNTY RECORDER
) SAN DIEGO COUNTY RECORlJcR'S OFFICE
AND WHEN RECORDED MAIL TO' ) TIME. "08 PM
)
CITY CLERK )
CITY OFPOWAY )
POBOX 789 )
POWAY, CA 92074 )
) """Ulllurlllea L,Opy
}se)
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 EXHIBITS
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 tirneto time as GRANTEE determines in its
sole discretion without any additional compensation.
GRANTORagrees 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
1
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~ DOet! 2008-0443563 ,
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?0 RECORDING REQUESTED BY ) 11111111111111111111111111111111 11111 11111 "'" 11111 11111 11111 11111111
) AUG 19, 2008 1'08 PM
CITY OF POWAY )
Sf ) OFFlUo.L FIECORD~,
SAN [IIEGO COUNT'I REiTIFi[IER'':t CiFFILE
ANDWHEN RECORDED MAIL TO' ) CiREbDR'j ,I SMITHCnUt'JT', RECOR['EFi
~!t ) FEE~, 1100 I
CITY CLERK ) I Oc. Np :
~f CITY OFPOWAY ) PAGES: 5
POBOX 789 )
\ cui" POWAY, CA 92074 5'7'81 ) 1111111111111111111111111111111111111111111111111111111111111111111111110111111 ,
\
)
( I nls soace TOr KeCUI U~I ~ uti!:: J
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 EXHIBITA, 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 dfjlj 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 totime 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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. . . 5782
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 0
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 I ~fl. day of
A\,I6;us-r ,2008
POWAY REDEVELOPMENT AGENCY
~
Rod Gould, Executive Director
(Signature must be notarized. Notary form attached.)
Approved as to Form
Office of the City Attorney
~0~ 0 ,9 08
u
Lisa Foster, City Attorney Date
2
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5783
CALIFORNIA AlL.PURPOSE ACKNOWLEDGMENT
~~--~- .>x:~M~ -.,m---~~~~~~..e<
State of California }
County of San Diego
On f}fj{,'tI:5T/!,Z(}(}! before me, Phyllis Shinn, Notary Public
Del, p (j{)ULO Here Inser! Name and Title oj the Ollieer
personally appeared db Name(s)oISigner(s)
who proved 10 me on the basis of satisfactory evidence to
be the person/i) whose name(ti is/~subscribed to the
within instrument and acknowledged to me that
fe';":~"': 'I he/~t~ executed the same in his/t)Wt~ authorized
capacity(~), and that by his/~tl')eb: signature()() on the
I Notary PullIlc . Call1amIa I instrument the person()Q or the entity upon behalf of
, , - 'San DIego CoUnty. . which the personl)Q acted, executed the instrument.
1- ~ _ _ _ ~iiUU.J
I certify under PENALTY OF PERJURY under the laws
of the State 01 California that the foregoing paragraph is
true and correct.
Signature andoffi~i~
P:ace Nolary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove vaJuabfeto persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache Document
Title or Type of Document: I / ~ t t- on &J/r'
Document Date: 1Jut;I1ST 7; zoo.f . Nlmber of Pages:
Signer(s) Other Than Named Above: L f J:f9 ;:: O.577:'Y.2
c;lAA- ,bc:3
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - TI1Ie(s): o Corporate Officer - Tilie(s):
o Partner - 0 limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact . o Attorney in Facl
o Trustee Top of thumb here o Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Represenling:
~~~.~~~.~~_.~~~~~~~~~~~~~~~~~EV~~~~~~
@2007 National Notary Association. 9350 Dc Solo Ave., P,O. Box 2402. Chalsworth, CA 9'1313.2402. wv.w NationalNotaryorg Item #5907 Reorder: CallTolI.Free 1-800.876.6827
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EXHIBIT A 5784
LEGAL DESCRIPTION OF COMMUNITY ROAD
RIGHT-OF-WAY DEDICATION
ALL THATPORTION OF PARCELS 'A', 'B: AND'C', IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO BOUNDARY
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:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A' OF SAID
CERTIFICATE OF COMPLIANCE, SAID POINT ALSO BEiNG THE NORTHWEST
CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE
MERIDIAN, SAID POINT BEARS NORTH 89024'17"WEST FROM THE NORTHEAST
CORNER OF SAID PARCEL 'A'; THENCE SOUTH 89024'17" EAST ALONG THE
NORTHERLY LINE OFSAID PARCEL 'A' 23.79 FEET TO A POINT, SAID POINT
BEING ON A LINE THAT IS PARALLEL WITH AND 51 00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF COMMUNITY ROAD AS
SHOWN ON MAP OF LASCADENAS UNIT 1, IN TRE CITY OF POWAY, COUNTY OF
SAN DIEGq, STATE OF CALIFORNIA, ACCORDINGl;O MAP THEREOF NO 7415,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUt-JTY, AUGUST 30,1972; THENCE SOUTH 00020;49" EAST (SOUTH 00020'49"
EAST PER SAID MAP NO 7415) ALONG SAID PARALLEL LINE, 34553 FEET TO
. . .. .
THE SOUTHERLY LINE OF SAID PARCEL 'C'; THENCE SOUTH 89039'52" WEST
23.81 FEET ALONG SAID SOUTHERLY LINE OF SAID'PARCEL 'C' TO THEWEST
L1NE,OF SAID SOUTHWESTiQUARTER OFIHE SOUTHEAST QUARTER OF SAID
SECTION 12, SAID POINT f.LSO BEING THE SOUTHWEST CORNER OF SAID
PARCEL 'C'; THENCE NORTHERLY ALONG SAID WEST LINE, NORTH 00020'38"
WEST 345,92 FEET TO THE POINT OF BEGINNING.
CONTAINS. 0 1889 ACRES
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DATED
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EXECUTIVE DIRECTOR
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SCALE. 1"=60'I.!S 4.307 DATE
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n'~' ~ POB POINT OF BEGINNING
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EXECUTIVE diRECTOR
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EXHIBIT B ENGINEERS & SURVEYORS
3434 Fourth Ave., San Diego, CA
92103-5 619) 299-5550
CITY OF POWAY, CA f.7-Zf(1
SCALE. 1 "=60' LS 4307 DATE