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Grant of Easement Drainage 2000-0014797 "- 1454 DOC '2000-0014797 . Crry'OF'POWAY ) Jan 11, 2000 8:41 AM ) OFFICIAL RECORDS ) SAN DIEGO COUNTVRECORDER'S OFFICE ) GREGORV J. SMITH. COUNTV RECORDER ) FEES: 0.00 ) QC: NA ) ) ) -1111111111 1111 III I! 111I11111111 ) ) 2000-00 I 4797 ) !This space for Recorder'S use) NO DocuMENT TRANSFER TAX NO FEE '., RECORDING REQUESTED BY: ANDWHENRECORDED MAIL TO: Ii ~ No transfer tax due r\\ Tax Parcel No. 275-270-56 ~ CITY CL~RK CITYOFPOWAY P.O, BOX 789 POWAY, CA 92074 GRANT OF EASEMENT DRAINAGE 801-04-262 MARVIN GOODSON, CO-TRUSTEE OF tHE FF&E II pECLARATION OF TRUST DATED DECEMBER 26, 1984 (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE") its successors, or assigns, the fOllowing described easement for the right,of-way, in, upon, over, under, and across the lands descr;ibed 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 elevatiqns, upon, along, over, and under the right-of-way described below as GRANTEE maynow'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 wit~ the. right to use this easement for access to GRANTEE'S rights-of'way situate,gl,JI1 adjacent lands, without any additional compenSation therefor ,,- The land encompassing this easement is situated in the county of San Diego, state Of California, and is more particularly described as fOllOWS, to wit ALL THAT PORTION OF LAND LYING WITHIN LOT 68 OF MAP NO. 12467, IN THEClTY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FlLED.IN THE OFFICE OF THE COUNTY RECORDER OF'SAN DIEGO COUNTY ON SEPTEMBER 22,1989. 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"madea part herein GRANTOR, his heirs, successors and assigns shall not erect. or construct or permit to be erected or constructed any buil~ing, structur;e or improvement or plant any tree. or trees or plant any,other vegetation or flora within said:ea~ement without the express written approval. oHhe City of'poway as evidenced by the signature of . 1455 . the Director of Development services ,on. an approved plan. GRANTOR, his heirs, successors and assigns shall not dig or'drillany hOle or wells on any portion Of the easement. GRANTEE many use all gates and fences whiCh, now or later, cross and 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 fiO 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 mOdifY 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 ofthe GRANTEE. In the event of any dispute involving the Agreement, whether or not litigation is commenced, or if any arbitration proceeding,administrative proceeding or litigation in lay 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 warrant 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 Day of 'I 1"'_ 1../ t ~ ' 2000. / Marvin Goodson CSignaturesmust be notarized. Notaryform attached'> CALIFORNIA,AtLoPURPO.ACKNOWLEDGMENT le6 State of C/lLIFo?eNlf-I County of /-.OS ,4N \~.: I r-,~ On ~ _ 14",J. 5" .:l be).:::, "Date' before me, [-"'OI'...tDA S-r::/...J..<OtJ.-5tI~ NrJ'f/J"e.,-II2!BLiC- Name arid Title of Officer (e.g., Jane [foe. Notary PUbliif) personally appeared fflAfWIN GOV./).5;oJ0 Name(s} <?f Signer(sl jJ9 person~llyknown to me o proved to me on 'the basis of satisfactory evidence ~~- - ~ - - f~N:A~;A~ - -1 .,' Commission' 1117023 2 ~ ..... Notary Public - Co!tfomlo ~ i _'_ _ ~Y:~Yn~~~~'~~ 1 to be the person(s)' whose name(s) is/are subscribed to the within instrument and ackn6wledgedto me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~LA-/~-t:,~;~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons. relying on the document and could prevent fraudulent removal and reattachment of this form to '8notherdocument. Description of Attached Document Title or Type of Document: ~oAd- 3 Document Date: I /~- / d-<> '" 0 I / ~a..u>~ -r Number of Pages: f Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: fYlAf'U1 IN C;", ciJ)S:OvJ Signer's Name: ~ Individual o Corporate Officer litle(s): o Partner - 0 Limited 0 General o Attorney~in'Fact o Trustee o Guardian or Conservator o Other' Signer Is Representing: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney'in'Fact o Trustee o 'Guardian or Conservator o Other' . Top of ,thumb here Signer Is Representing: @ 1996 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . 1457 . EXHIBIT ",A" DRAINAGE EASEMENI 801-04-262 LEGAL DESCRIPTION Tlult..portion of land lying withinl,ot 68 of Map No. 11467, in the City of Poway, in the County of ~an Diego, State of California, filed in the Office of the County Recorder of Said County on September 22, 1989 as File No. 89-512990 of Official Records, described as follows Commencing at the Easterly comer of Lot 68, being common to lots 68 and 67 on a 48,00 footradius cllIVe concave easterly, a radia1line thereto bears.North 390 20' 51" West, thence southerly along said curve through a central angle of 30 27' 50" a distance of 2,90 feeUo the Point of Beginning; a radial line thereto bears North 420 48' 41" West, thence continuing southerly along said curve through a central angle of 240 Ul' 36" a distance of 20.37 feeta.radialline thereto bears North 670 07' 17" West; thence North 460 37' 59' West 163.43 feet to southerly comer of drainage easement as shown on Map No, 12467, thence North 350 00' 00" East 20.22 feet, thence South 46037' 59" East 163 44 feet to the Point of Beginning r- ~eRIi~d1: . Expiration 6-30-2000 Date September 21, 1999 . ''8'' 1458 , ~ ~ N \ "- O,.f/l/IIrlGE E/l.5E/1E//r ~ .PeA' Mr1,P NO IU6'J ~ (> ".l Vi '0 \~ \~ \":1. \~ (". '''''. \~y~ \~ \ \l\ Zo ':<//.0': o.A?AIN'/lGe: c'/fS-:M6"N'T oco/c",rEO ,I/.6'?EtJA./ N b7'07';;.W- ~.) OA'A/N/lGE E/Z5E/fB./r. 08 ..PGf' ;Vt?/"M7 IZ4i7 6.' 3'z1'so" R " 4-8 00 ' L ' Z 90 ' t:, 'U"/,!3 '3t" R: '1-8 00 ' c..:z() '37' LOT I Z4'~ 1 ~ "" ~ ~c ..... ~~ \';. 'S\ \~ l\\5:, ~~ '-" tJO' t4f1f t> ~~ ~~ O/lP? o AI?"3"'.51'56"W 2( M' @ AI .5't"tJi'u'C 17"00' CD 6,,' 17" 7~ '~r, ,e. 1'.6'. 00 ',{,,'I5'.tJ6' ':,\ ~, . 1459 . CERTiFIcATE 017 ACCEPTANCE This isto-certify that the interesrin real property conveyed by the deed or grant dated ~ ,'j; 6)oeo Declaration of Trust dated D,ecember 26, 1984, to the City of Poway, a political from Marvin Goodson, Co-Trustee ofthe FF&E corporatior:l andlor governmental agency, is hereby accepted by the undersigned officer or agent on .behalf of the City CoUncil pursuaot to a'uthority conferred by Resolution No. 34, adopted on January 20, 1981, and the grantee consents to rec6rdi3tionthereof by its duly authorized officer Dated: J"anLIl"l<1j \01 'L,coo By ~"'" o~j?''i'~ Lori Anne Peoples, City Clerk , " " . '. , , 1460 APPROVAL BY TRUSTEES The undersigned, as Trustees of the FF&E II Declaration of Trust dated July 30, 1999, under the powers set forth in section 7.20, do hereby delegate to Marvin Goodson, Trustee of the FF&E II Trust, the authority, discretion and power to sign all documents, deeds, agreements, and other matters of any kind and nature relating to the following parcels of real property: 1. Lots 47 and 55 in the city of Poway Tract No. 88-15, Unit I, City of Poway, County of San Diego, state of California, Map No. 012466; and 2. Lots 64, 68 and 70 in the city of Poway Tract #88-15, unit 3, in the city of Poway, County of San Diego, state of California, Map No. 012467. ~10- _ "/ w' Marvin Goods , Trustee ,---- - ~<- Jere .'Sh~S, Trustee ..... Trustee l/Good/FFE II/GVE/I02.Fl 1 GOODSON AND WACHTEL LOS ANGI;LES. CAUFORNIA 90024