Grant of Easement Drainage 1997-0245866
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First American Title
S!iHlllVISION MAPPING DEI'T.
DI~"" 19:97'""0245866
28+e flY -1997 11 = 33 AM
CITY OFPOWAY
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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.
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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,
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Dmd: '5-.;J.:.-~1
By ~r~...... k 1\Jt>.A-?t
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S;;wn Eherenfeldt Devolder
Signature must be notarized Notary form
attached. )
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1581
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF C;" '^ 11; "'b r-.,
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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( /~
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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
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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
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.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
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160
NDJ
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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
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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