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Grant of Easement Drainage 2008-0443563 -- , . , . . 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 (IV ! Iq~J }('.-, I- " ~ ~, . ~ DOet! 2008-0443563 , i . I ?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 1 O~-Oq~ . . . 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 . . 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 . . 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 '7rM-- DATED -,-~ ,......-....-.,-.. r~,.' ~ ~ _ .. _ _r~~: ~ " ____ _ _ _u _ _ ______ _____~_ l' .. ", . '!' ;;..--c- F019NEl RA5S ElI5K ON Sl!.IRFACE, S'TA.,. "(" "SDCO", PER MAP NO 7415 AND R.O.S: NO. 17537 _ 578'5 I I I POB EDG MOOR. STREET I+-- C/L ,. ' (VACATED) ~.' S8,9.24'j7" E .... ll~ 8 , I I b...l ~ l- ~n <( '"': N I I U ~ ~ <( I ~~ I I I > , f' r!l . I 51.00' 5l.00' _~, I ~ I Lc.O,.' I l-l >--- 018 I l- 1.f) f-....J - "",0 ~ I -'- I" ' '- .-.. ... .... e,- D I Z ~z u '" ,0:: (J) 0 =>. ..q ::> 'R,=.60,.09, ,tj b, <c. ,~,r I J".. ". L=52..11 z 00 ({) I, ~, ~ -.-". w W (f). ~ I i lfJ D=49.45,58 g ~ g n I => I ~ 0 0, <c NO I z h.jZ U I g . ,aceL '6 >-wcxi.b I I b...l "" -!f'f>;l'- 0:: U . 0 I > '-I 0.... I I fD.<( Z >- 0 I.-f' <C. <(. ui ,G,-.'~....J' N L '.... u~ . II q ,~.,,~~ I 3:3' -- -0::;; .L (fJ . 000::3 :5 ~ ~o, I u ~ - <,j- . 0 T Db I'e . f'l f'l . "oreL I I g g I f':r;i"V I 2 20 I X I fr: I __ I ~ I S89.39'52"W I L +- .J I Y I 89161' "I .,1 I . FOUND 2" BRASS CAP IN LJE;G~ND I II WELL.MONUMENT, S'f.AMPE8 ~ ~ DRAIN'AGEEASEMENT "SDCO", PER MAP NO, ~ ~ ~ BOl:JNElARY 741'5.. OWNER: ............. - - - PROPERTY LINE POWAY REOEVEtQPMEN:T AGENCY () RECORD ElATA PER MAP NO, 7415 n~ ~ ,.~.. POB POINT OF BEGINNING BY' . -""--- "'..-:::-<. , ~'" 'aI' '''~''L '" ',':----},-o.......~~ ~ '~-..:> \, -:' :r:.l1L~ "'.r ROD GOULD . 'D':4TE EXECUTIVE DIRECTOR 'I'ii I J. " " w, frY ~ , , 10, > C . OF , 0:: <C' POWAY .~ >- >c <l: f- ....J - -,. -- -... ". Z.- gs- [' --------'- -~ _.@.-- - ~- oj " - €J' -, r r-" ~ ~~~~ ~ ' ::;; e 0 SCOTS WAY u .. VIG'~1mY MAP- , ",,-'... " coo- ,.' -- :j 1......_-;... - --,I ......--i':.'.~-,,,.,".,._-=-" .-" D'f)'AJI"",,,,,JtVr"'C E' A, ';5 E'AvAlrri~Aifl :' I "a.~~r_'~~~ . IX: . ~ '1'lt~n,\..iL: f,.n-. il:I'V'~I'f:""'~I. I ~~ I" :I:~I~~ '. ENGIN'E'E'RS .E\(bJilii;>!I'T", ,8" ~NGlNEERS& Sl:lRVEYORS I;../\.nl J]) , 34:?\,Fourttl'Ave., ~an Diego: CA 92103-5' " 619)299"5550 CITY OF PO'~A Y, CA .,.. . ~' {f~7-Z(fJ SCALE. 1"=60'I.!S 4.307 DATE ........1;, "" , .' ,.- .____ FOUND 'BRASS DiSk ON SURFAcE, STA D ,-" 'r'! "SDCO,tER MAP NO. 7'l-15 AND ROS. N 17537, 5785 I I I POB N 89'35'~5" E I EDG MOOR STREET 30.00 +-- CIL I I S 89'24'17" E 216.76' (VACATED) i S 89"24"'?" E ~ " ';;;;~8' E ~ 23.79 713' 0 I ~ I S 00'20'08" E / j:: ~~ I ~'Y~~'b I I ~ I m "'" I .. I I --'='--1 a ?ARC~~~ "4> If-- I I ~ I ~ .~~ I o b<~ . ~ I D::: "> .~~S I ,,:>":> %~ 0 I () I 51 00' 51 00' 15 y.<v''?' . 2 I '-. ,,,;~> ~9o I I .--1 f: ~ v 0 ~g f--- rif) '-. __ _f-O I z: ~ I z: I U R=60.00' ei 0 ~ ~ I :=l '"' :=l L _ 52 11' U 2 N 1'- - , co ll) I (J). ~ I 0=49'45'58" ;; ~ g ~ I ~ I ~ 0 0 " <{ N'f I I z: w z: u I p..RCt.\... 13 ~ ~ <Xi ~ I I ~ On... p <{2>-0 I ~ <(~I I O~--'NL u 2--'::) I =>CL~ ~~ -- -0:::;: .1. (J). ~ m08 ::5~ ,. Uf- mm I <{ -6.'" ~. 0 T o I m 'C S" S" ~ P p..RCt.\... I I gg I ~ I 22'S I ~ I D::: I I 0 -- )-. I S89'39'52"W I L+--.J I y I 89.61' I I I ~ I FOUND 2" BRASS CAP IN . WELL MONUMENT, STAMPED ~~~ DRAINAGE EASEMENT "SDCO", PER MAP NO BOUNDARY 7415. OWNER: ---- PROPERTY LINE POWA Y REDEVELOPMENT AGENCY ( ) RECORD DATA PER MAP NO 7415 n'~' ~ POB POINT OF BEGINNING BY'~~"'", ~" ,,':fe/_" ROD GOULD DA TE EXECUTIVE diRECTOR EDGEMOOR STREET 0 CJTY Of n:: 0 n:: POWAY 0 2 >- ~ <{ l- n:: --' 2 0 0 ::) >- :::;: :::;: - -- - - -. ~ - :::;: 0 SCOTS WAY U VI Cmmry MAP DRAINAGE EASEMENT fi B:IRKETT~~ 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