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Grant of Easement Drainage 1997-0245866 - ., . ,,' \...... .. . ~ RECORDED REQUEST or-<'.. First American Title S!iHlllVISION MAPPING DEI'T. DI~"" 19:97'""0245866 28+e flY -1997 11 = 33 AM CITY OFPOWAY ) ) ) ) ) ) ) ).\~ ) ;;.R 01' ) ~ (.\ rl ) O( (i ';J\' ) (This space for Recorder's Use) 1579 OFFICIAL RECORDS SAH DIEGO COUHTY.RECORDER'S OFFICE GREGORY SMITH. COUHTY RECORDER. FEES: 0.00 HA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF POW A Y POBOX 789 POWAY, CA 92074-0789 No transfer tax due APN 275-341-17 GRANT OF EASEMENT (DRAINAGE) Randy Maurice Devolder and Dawn Eherenfeldt Devolder, husband and wife, (hereinafter "GRANTOR") hereby grants to CITY OF POW A Y (hereinafter, "GRANTEE") its successors, or assigns, the following described easement for a right-of-way, in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, at such locations and elevations, upon, along, over and under the right-of-way 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 the 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 right-of-way situated in adjacent lands, without any additional compensation therefor The land encompassing this easement is situated in the County qf San Diego, State of California, and is more particularly described as follows, to wit: Lot 191 of Green Valley Estates Unit No II, Map No 4586 Said easement of right-of-way in the aforesaid lands is 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 Engineering 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. , . ~ 158~ GRANTEE may use all gate 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 the easement right -of-way, or modiJY the size 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 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 I 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 its terms. IN WITNESS WHEREOF, the GRANTOR has executed this easement this Zz. ~ day of Mo.! ,1997 I This is to certify that the inrerest in real propert). r.,n..-yoo bytha deed or.grantdated S-J.l.-'il lrol11~k, I'I\L~"'"e. ~0e-volJ."'" l).,,,,^ "he.ve~te.IJ..-I:; 1)ellli.("1otheCitJ . 01 roway, a political COIJlOIIIion and/or governmental agency is hereby accepted by the undersigned olf_ Qr agent on be- half 01 the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, \98\ and I11e grantee consents to recordation thereof by its duly aul110rized officer, f Dmd: '5-.;J.:.-~1 By ~r~...... k 1\Jt>.A-?t ( \ \ \ ~ ~ cy ~~~et,_~ S;;wn Eherenfeldt Devolder Signature must be notarized Notary form attached. ) . . 1581 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF C;" '^ 11; "'b r-., } } SS. } On rY\ A-ti ;J ~ I I i1 '11 befare me, KFRF(CA 1), M D1LAcI is'). /.) f'1r-/ldJJ.( 'PuR Ll:: ('\ personally appeared ~ A-....) -c...../ Me. IA '~.:~.c.P-lJ.... \.) ("')L;T.l~rL +- "DA-l...:l....) C=-i+-cr-I2..G IU +~D"'" bF (J (\ L DG12' personally kno'!Vn to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whase name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) an the instrument the person(s) or the entity upon behalf af which the person(s) acted, executed the instrument. WITNESS my hand and official seal. , 0 Comm. # 1114758 NOTARY PUBLIC CALIFORNIA San Diego County : My Comm. Expires Oct. 26, 2000 (This area for official notarial S880 Signature 1=2" ~llP (( c.. l?J ~C( /~ ~/94 Rcc.fOfm'Rl1 . . 1582 EXHIBIT "A" DRAINAGE EASEMENT Parcel "B" Being a portion of Lot 191, Green Valley Estates, Unit No. 11, in the City of Poway, County of San Diego, State of California, according to Map thereof No 4586 filed in the Office of the County Recorder of said San Diego County, being more particularly described as follows. Beginning at the most Northwesterly corner of said Lot 191, thence along the Northerly line of said Lot 191 South 81'27'31" East 98 00 feet (South 87'14'57" East 98 04 feet record) to the Northeast corner of said IDt, thence along the Easterly line of said lot South 22020' 11" West (South 22034'30" West record) 37 28 feet to the beginning of a tangent 15 00 foot radius curve concave Westerly and Southwesterly; thence Northerly and Northwesterly along said curve through a central angle of 109047'42" an arc distance of 28.74 feet, thence North 81'27'31" West 76.51 feet to the Westerly line of said Lot 191, thence along said Westerly line North 21049'21" East (North 22003'40" East record) 1589 feet to the Point of Beginning Containing 0 036 acres ~k~ Robert G Schoettmer L.S 4324 jbI12726a.005 BASIS OF BEAAINGS N89'09'S9'W IN8frS7'2S'WJ If. ESPOLA ROAD Co IN8frS7'2SWJ q N89'09'S'J'W 5:; 10.00' 1583 BASIS OF BEAAINGS THE BAS/S OF BEARINGS FOR THIS PLAT /S THE CENTERUNE OF ESPOLA RON) AS SHONN ON CfTY OF PONP<f TRI>CT NO. 89-/3R. OLD COI>CH GOLF ESTATES PHASE I. UNIT I. M/lP NO. 13339 /E. N8'J'09'S9W PAACEL 'A' O.oSII>CRES DRAINAGE EASEMENT IN A PORTION OF LOT /60 GREEN VALLEY ,.~ -r j -r"-~ .cl;Ji.J: J.!::.\::J LEGEND I J INDICATES RECORD OAT A PER M/lP NO. 4586 POB IND/CATES POINT OF BEGINNING TPOB INDICATES TRUE POINT OF BEGINNING :U"-J "". ~a C\J' 00 '--~ :;,,0 ~:;" ) qj}.jj r I'll 160 NDJ j 6 j jj PAACEL '8' - 0.036 PCRES DRNNAGE EASEMENT IN A PORTION OF LOT 191 IN87"14'57W! -+--- N8T27' 3rw 15.89' POB ./ ! PAACELS 'A', '8' & 'C' TPOB PARCEL 'C' IN8Er57'25W! N89'09'59W 19447' -+- 60 30 0 , . GRAPHIC SCALE 1'= 60' PAACEL 'C' - 0,074 PCRES DRNNAGE EASEMENT IN A PORTION OF LOT 192 191 192 14.86' IN8Er57'25'WJ N89'09'S9W 1/750' NZI8'05'W 16E6' -+- N8T41'55'E 20m 193 POB PAACEL '{)' PAACEL '{)' - 0.007 PCRES DRAINAGE EASEMENT IN A PORTION OF LOT 193 RICK ENGINEERING COMPANY CIVIL ENGINEERS, SURVEYORS, PLANNERS 5620 FRIARS ROAD, SAN DIEGO CA, 92110-2596 PHONE: (619) 291-0707 "EXHIBIT 8" PROJECT NUMBER. 12726-A DRAINAGE EASEMENTS IN THOSE PORTIONS OF LOTS 160, 191, 192 & 193 OFGREEN VALLEYESTATE5, UNIT NO. 11, MAP NO, 4586 IN THE CITY OF POWA ~ COUNTY OF SAN DIEGO. STA TE OF CALIFORNIA DATEI SEPTEMBER 20. 1996