Grant of Easement Drainage 2002-0921761
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- 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
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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
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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
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"'I PARCEL 3 1
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PER ROS 4056 zl
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~ _ . 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
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" REBAR VtlTHLAST1~
AP IRON PIPE {S4451 .~" DECAYED IRON
NO RECORD PIPE'PERROS 4056
NO TAG
_ EXPIRES.u6!3,0!03 ~
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~ .... \.EE p.... <':: ~ PARSlEY CONSULl1NG ENGINEERS
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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