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Grant of Easement Drainage 2002-0921761 ;ii. ,. , . . DO~# - 2002-0921761 RECORDING REQUESTED BY: . . CITY OF POWAY OCT 22. 2002 11:35 AM ANDWHEN RECORDED MAIL TO' OFFICIAL IiIDlRDS SI1H DIE6lJ lIDffi RIDlRDER'S OFFICE CITY CLERK 11685 GREmRV J. !iIITH, lIDffi RIDlRDER CITYOFPOWAY .FEES: 20.00 ftr PO BOX789 11:: NA POWAY, CA 92074 ~y, NO TRANSFER TAX DUE (THIS SPAC! 1111111111\ 1111111111111111 r 2002,0921761 OcJI APN 275-032- 02 GRANT OF DRAINAGE EASEMENT VERNON AND JEANNETTE ROETHER (hereinafter"GRANTOR") hereby grants to CITY OF POWA Y (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right-ofcway in, upon, over, under, and across the lands described in Exhibit "A", to erect, constrlJct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines or open drainage ditch for any and all purposes, together with such fixtures and appurtenances, including but not limited to, facilitiE;ls for power transmission and communication purposes, at such locations and elevations, upon, over, an(;J' under the right-of-way described below as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefore, together with the right if ingress from the easement by a practical route or routes in, over, or across the land'described below, together with theright to use this ease merit for access to GRANTEE'Srightscof~way situated in adjacent lands, without any additional compensation therefore. 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, to wit: Parcel 3 as shown on Record of Survey Map No. 4056, filed in the office of the County Recorder of said San Diego County, October 23, 1956 Said easement of right-of-way in the aforesaid land is particularly described as follows: Beginning at the Northeast corner of said parcel 3, 'the true point of beginning and traversing along a line bearing North 00 51' 01" East a distance of 250 00 feet; then along a line bearing North 69 22' 57" East a distance of 95 63 feet; then along a.line bearing , . South 67 40'55:' East a distance of95.63feet;tben,along.a line bearing.8outh,QO 51' 01" West a distance of 32.24 feet; then alorig a line bearing South 67 40' 55" East a distance of 95 63 feet; then along a line bearing North 69 22' 57" East a distance of 6339 feet; then along a line bearing North 00 51.' 01" East a distance of 229.56 feet; then along a line bearing North 89 08' 59" West a distance of 30 00 feet to the true point of beginning, (SEE ATTACHED EXHIBIT "A" MADE A PART HEREOF) 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 150J.f-/1 [}.1.t.3 3 .-' . - , . . 11686 approval.()ftt)El,City. cif Powayas evidenced by'the.signature of the City Engineer on an al?Pr'bYed-pJari.GRANl'O~,:its;;:ieirs,successors,and assigns shall not dig or drill any hole or wellslOn any portion Of the easement. .GFtiS;NTEE m"lY .use .all gates and fences whigh, r'iOVl!,. or later, cross any portion of the easement GR;A.NTEE sliall'al~o.Deeiltit!~d totrtlll, cut;,or clear away OHemove any trees, brush, 9r other' vegetati6.n qr f1ora'from time to time as'GRANTEE determines in its sole discretion without any additiorial compensation. GRANTOR agrees that no.other easement or easements shall be granted on, under, or over this easementwithoutthe prior written consent of'(>RANTEE. GRANTEE, may at anytime ihcrease its use of the easement, change the location of .'~.r --. - ,. pipelines or other facilities within the boundaries of'the:easement right-ofcway, ormodify the size of existing pipelines' or other improvements as it may determine in its sole discretion from time to time without paying any additi0l71?J"to G.RANTOR or GRANTOR'S heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easelllenfboundaries described above. It is also understood andagr'eed.by the parties thattheGRANTOR and the GRANTOR'S heirs, successors, or assigns, shall not increase or decrease or permit to be increased or decreased theexisting'groundelevations of the above describ,ed easement Which exists at the time this document is executed without obtairiing the prior written consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or not. litigatiQn is commenced, orifany arbitration proceeding, administrative proceeding orlitig~ltion)n law or in equity, including an action for declaratoryrelief; is brought to eriforceor.ir'jterRret the provisions, or performance of this easement, the pre.vailihg party shall be entitled to an award,of aILattomey'sfees.and the costs of the proteedir']g, Which shall be determined by the court or the presiding offiter'having authority to make this determination. GRANTOR expressly warrants and representsthat.GRANTOR has the power to grant this easement iri accordance with 'its terms. IN WITNESS WHEREOF, the GRANTOR has executed this easement this 3~ day of ~ber ,2002. 10-'"3 -:0'2,- dated 1().1;o'J.- eannette Roether dated Notary forlll attached , " .. '1.1_7 .. ,CALiFORNiA, ALL-PURPOSE'.AcKNOWLEDGIII!ENT State,ot 'Californita County'ciT :San liiego On October 3, 20'02 before me, Frances., Tarves ,. Noi:aryPublic Date Name.?nd Till!, of Officer (e,g.,~Jal]e.poe, Notary Public"', person'!ily 'appeared Vern9A ~perher ~nd Jeannette iRoether ,Name(!>) oISlgner(s) '1 _ o personally known \0 me , 1 lQ! proved to me on the basis of satisfactory evidence to be the person(s)'whose, name(s) is/@subscribed to the within instrumentandacknow~ed to me'thathe/sh~ executed:,ihe same in his/her. gwauthorized capacity(ies), :J .. - - - - ;kA~C; ;;~-- ,~ and that bYhis/her~sjgnaiure(s) on the instrument ttie person(s), or the entity i.Jpon.betlalfof which theperson(~) " . Commission # 1238363 acted, executed the~ih'stfument. l~A,,7 ., Not~ ~-c~~;na~f WITNESS my hand and official seal. My Coo1m: Bcpres. Oct 1 Z:::m3 ----------- - ~~~ Sign~ture of Notary Public OPTIONAL .. . ~~ Though the information below is 'not required by,law, it.. may prove va!uabJe;topersons/elying on the documentand'coulq:prevent frauclulenfremoval.and reatt?r;:hmentoUhis form ~o another document. Description of Attached Document Title or Type of Docu menl: G~~nt 9f Dr~inage Easem~nt Document'Date: October 3. 2002 Number of Pages: Three (3) Signer(s) Other Than Named,Above: None Capacity(ies} ClaimedbySigiler(s) Signer's "Name: Vernon Roether Signer's Name: Jeannette Roether lQl Individual KK Individual p Corporate'Officer o Corporate Officer, Title(s): Title(s): o Partner -.'D.ilimited 'OGeneral o Parther-- 0 Limited 0 General' c. ,., _ .",...,. ~ o Attorney-in-Faci o AttorheY-in-Fact ... . .- - ' . o Trustee o Trustee o Guardian or Conservator ,0 Guargian or Conservator filGHT THUMBPRINT . OF SIGNER o Other' Top of .lhijmb, here o Other' Tap a/thumb here '1 Sigrierls Representing: Signer Is Representing: _.~<' ..., '.-.," , ~. " -.., o 1996 Na~nal Notary Association. 82~? Remmet Ave., P.O;'~OXj7184. Canoga Parl<, CA 91309~7184 Prod: No. 590.1 Reorder: Call.Toll.Free ,,1-800-876-6827 ; . 116~S'_ X" REBAR 'MTH ' EXHIBIT 'A' " REBAR VtlTH P~AST1C PLASTIC :CAP, 7, AP R IRON PIPE, l54451 " IRQN ~Pf. r ~89'0859'" '4809' -, NO ECORD .[S4451 . ~ T,eD.8, NO RECORD I 1 . I 8/ PARCEL 3 AS SHOWN Of RECORD OF SlJR~.yMAP NO 4056, nLED IN THE co c:i "':1 ~I OFFICE Of THE COUNJY ... il ~I ~I RECORDER OF SAID SAN '" DIEGO COUNTY ;:1 OCTOBER 23, i 956 <5 <:> ~I z "'I PARCEL 3 1 <:> I <:> PER ROS 4056 zl I 1 I 1 I : ~ _ . 1 1 30' DRAINAGE ~[ s,>"'s' ,;'U j EASE'ENT 10", -.....:( ,~.t........ ~ ,.., '- 9!:!.J'-..!-"'r(j!:.'J'-:- L S6J:'" 30' DRAINAGE ,~" IRQN PIPE YtlTH fO~ '. ~q'J.",j TAG lS4451" NO (95 ... EASEMENT, i'J1 t RECORD .6J' L""<tl '- . " REBAR VtlTHLAST1~ AP IRON PIPE {S4451 .~" DECAYED IRON NO RECORD PIPE'PERROS 4056 NO TAG _ EXPIRES.u6!3,0!03 ~ ....~!......."", O~~~~.~~!O":;~..... ~ .... \.EE p.... <':: ~ PARSlEY CONSULl1NG ENGINEERS lltf ,,,,Q ,,~. ~. .' ,. ..... .... .. "'" ..'" ~ ~... ~ ~ avIL ~ HDAJIIJCAL - 'rDI rKUI&l1WI E "" .. ~ ~.. ~" 3rlO VIml', BIB A~rp:f9lllll1at~~~ : c:; : 0 No. -<: ~E YllIal,PIIOIlI: ",46-81 ,AI: m-fUI !~ : 35781 : "": ~~ 0 . 6 . ..~' f#. ',.. ..-.. ~ ' p '., ENG,~.,"~'l-l I'v 0& ., . '4~ ......... ~ ti' D "," E OF r,~\.\~1:l ..... I "11 . . " ,~; ; ~~. .i . 116'8:9 CERTIFICATE OF ACCEPTANCE This is to certifY th~Hhe. interest in real property conveyed by the deed or grant dated: October 3, 2002, from. Vernon and Jearine,ttj:) Roether, Grantor, to the City of Poway, Grantee, a political 'corporation and/or governmental agency is hereby accepted by the undersigned officer, or, ,agent on behalfonhe City Council pursuant to authority conferred by Resolutiori No,,34'a~opted on January 20. 1981 and the grantee consents to recordation thereof by itsdiJly authorizedoffice~. Dated' October 16, 2002. CITY OFPOWAY Seal: N :\city\share\certificate, of ace eptance-city. doc