Grant of Easement Drainage 2000-0014797
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DOC '2000-0014797
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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
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) -1111111111 1111 III I! 111I11111111
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) 2000-00 I 4797
) !This space for Recorder'S use)
NO DocuMENT TRANSFER TAX NO FEE
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RECORDING REQUESTED BY:
ANDWHENRECORDED MAIL TO:
Ii
~ No transfer tax due
r\\ Tax Parcel No. 275-270-56
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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
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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
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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
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.,' 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'
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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
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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
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Expiration 6-30-2000
Date September 21, 1999
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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
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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.
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Marvin Goods , Trustee
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Jere .'Sh~S,
Trustee
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Trustee
l/Good/FFE II/GVE/I02.Fl
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GOODSON AND WACHTEL
LOS ANGI;LES. CAUFORNIA 90024