Grant of Easement Drainage 1996-0408714
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RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074-0789
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OFFICIAL RECOROS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH. COUNTY-RECOROER
FEES: O. 00
NA
No transfer tax due ,
APN 317-223-35
(This space for Recorder's Use)
GRANT OF EASEMENT
(DRAINAGE)
W.H. Pomerado LLC (hereinafter "GRANTOR") hereby grants to CITY OF POWAY
(hereinafter "GRANTEE") its sutcessors, or assigns, the following described
easement for a right-of-way, in upon, over, under and across the lands
described be'low, to erect, construct, reconstruct, replace, repair, maintain,
and use a pipeline or pipelin~s for any and all purposes, together with such'
fi xtures and appurtenances, at such 1 ocat ions and e 1 evat ions, 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 descri.bed below,
together with the right to use this easement for access to GRANTEE's right-of-
way situated in adjacent la lands, without any additional compensation
therefor.
The land encompassing this easement is situated in the County of San Diego,
State of California, and i~ more particularly described as follows, to wit:
Lot 51 of Map No. ]]742
Said easement of right-of-way in the aforesaid lands is particularly described
as follows:
See attached legal description and plat 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.
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.
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GRANTOR agrees that no other easement or easements shall be granted on, under,
or over this easement w-ith6ut obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location
of pipel inesor other facil itieswi,thin the boundaries of the easement right-
of~,way,or modffy the size of existingpipel ines 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
~RANTOR's heirs, successors, or assigns, shall not increase or decrease or
permit to be increased or decreased the existing ground el~vations 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
decl aratol'Y rel i ef, is brought to enforce or interpret the provi si ons or
performance of this ease~ent, 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,
of ~(r
the GRANTOR has executed thi s easement thi s ?0 'f'I.L
, 199'.
day
Dated: "b - ~ -'1 t..
By~~ ~
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Th15 is to certify ,lut the interest in real property r.,n'OIJIld
by the deed or,grant dlited'1-;l~--'iI, fro", 1".; . t\ '
P 6h c...t.J.. L L t- to tII,e C;~
of ','May, a poIitlcll, corporation IDd/or auvemmenllll agency
j, i"'reby~pted by the undelSigned officer Of apDlonoo.
~,I; of itte City CouDcil pursuanlto authority Conferred IIv
R,""lution No. 34 adopted on January 20, 1981 and tlle
:;, ""00 oonsants to recordation thereof by its dulyauthorized
(..Hitel.
.CALlFORNI'A AL,L-PURPOSE AC
Staie,of '''~
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County of --B--
OWLEDGMENT
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l.-t:,Mtun:l.sm , nD~ "P~
NAME, TITLE OF OFFICER E.G., "JANE E, NOTARY PUBLIC'
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\..:JY. \"'\tL. .'
'NAME(S) OF SIGNER(S)
~ personally known ~o me - OR - D proved to me on the basis of satisfactory evidence
to be the person~ whose name(81 ishrre
subscribed to the within instrument and ac-
knowledged to me that he/she,~1 ,~yexecuted
the same in his/helllheir authorized
capacity(ie-st; and that by his/I=,/II,,,ir
signature{sTon the instrument the'person(s)-,
or the entity upon behalf of which the
person~acted, executed the instrument
On~beforeme,
DATE
personally appeared
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L.E, RICHARDSON
COMM, * 971242 -"
NOTARY PUBLlC.CALlFORNIA 8
SAN DIEGO COUNTY -
My Comm. Exp, Aug: 14, 1996 I
WITNESS my /;!and and official seal.
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
DATE OF DOCUMENT
NUMBER OF PAGES
Though the data requested here is not required by law,
it could prevent fraudulent reattachment 01 this form. SIGNER(S) OT'HER THAN NAMED ABOVE
295
No. 519:
- OPTIONAL SECTION.-
CAPACITY CLAIMED BY'SIGNER
Though statute does not require the' Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the doetiment.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTOR~EY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
!jl OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S~ OR ENT1TY(IES)
(jJ, t\, Yc"",-vrO--)u, ...l-C-
@1992NATIONALNOTARY ASSOCIATioN. 8236 Aemmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
,
~ALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of
No. 5193
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County of
before me,
On
NAME. TITLE OF OFFICER E.G.. -JANE DOE, NQTARYPUBLlC-
DATE
personally appeared
NAME(S) OF SIGNER(S)
D personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/hEer/their authorized
capacity(ies), and that by his/her/their
signature(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.
SIGNATURE OF NOTARY
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute dOes not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) 0 LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY{IES}
THIS CERTIFICATE MUST BE.ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
Though. the data requested here is not required by law,
it could prevent fraudulent reattachment of this fonn: SIGNER(S) OTtiER THAN NAMED ABOVE
C~L1F~RNiA ALL.PURPO. ACKNOWLEDGMENT
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296
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State. of "--'
County of s't. ( . "--~
~lvl '1 (... before me, /r-t: 10.d'-_RftlS."", I V\:Xft>-,y") P....itJI/c.
Dala Name and Tille of Officer (e,g., "Jane Doe. Notary Publici
personally appeared ~ fl'l. wl~--klu-v h-.1L ~tH'4 c, ~ ,
Name(~;jJ
otersonallY known to me - OR - Q proved to me on the basis of satisfactory evidence,to be the person(s)
whose name(s) iSfare subscribed to the within instrument
and acknowledged to me that Refshe/they exec~ted the
same in RislRef/theirauthorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument..
On
. '., ' L [, RICHARDSON ,
I ~::)?;'l .COMM,/i97.1242. ill
_.0 .~~,,:;,.<...h;i ')", NOTARY PUBLI~;CALlFORNIA g
~ ";.;>h~:"' SAN-DiEGD.COUNTY
/' '1 r,: ,'\:> MyComm. E,p,"i.ug, 14, 1996 '..
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WITNESS my hpnd and official seal.
dl~~
Signalure of Notary Public
OPTIONAL
Though the information below is.notrequired.'by law, it may prove valuable to persons relying on the document and co,!/fjprevent
fraudulent removafand reattachment of this form. to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 Generai
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" TopOl thumb hEHe
o .individual
o Corporate Officer
Titie(s):
o Partner - 0 Limited 0 General
o Attorney-in"Fact
o Trustee
o Guardian or Conservator
D Other- Top of thumb here
....
Signer Is Representing:
Signer Is Representing:
C 1994 Nalional NOlary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
Prod. No. 59C.7
Reorder; Call Toll-Free 1-600-676-8827
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297
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 51 as shown on City of Poway Tract 85-04 Unit !, Map No.
11742 as filed on March 9, 1987 in the Office of the County Recorder of San
Diego County, State of California as file 87-122499 more completely described
as follows:
Commencing at the most Southerly point on Line T13 as shown on said map
and lot, thence Northwesterly along Line T13 a bearing of North 40052'09"
West, 66.00 feet; thence South 85025'11" East, 79.16 feet; thence South
39020'07" West 56.36 feet to the most Southerly point of Line T13.
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LIMITED LIABILITY COMPANY
OPERATING AGREEMENT
OF
W.H. POMERADO LLC,
A California Limited Liability Company
THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT
("Agreement") is made effective as of May 8, 1996, and is entered
into by and between Jeffrey c. Hamann, Trustee of the J.C. Hamann
Family Trust, UDT dated 12/21/83 ("J. Hamann Trust"), Gregg Hamann,
Trustee of the Gregg Hamann Family Trust, UDT dated 4/25/86 as
Amended ("G. Hamann Trust") and Daniel M. Whitaker, Trustee of the
Whitaker Family Trust dated October 22, 1979, as Amended and
Restated December 22, 1983 ("Whitaker Trust"), who are executing
this Agreement as the "Members", and who desire to, and do, by
execution of this Agreement, adopt this Agreement for the purposes
of organizing and governing the business and affairs of a limited
liability company under the laws of the State of California for 'the
purposes and on the terms and conditions provided in this
Agreement.
ARTICLE 1
DEFINED TERMS
1.1 Definitions. The defined words or phrases used in this
Agreement shall, unless the context otherwise indicates, have the
meanings specified in this Article 1. The singular shall include
the plural and the masculine gender shall include the feminine and
neuter, and vice versa, as the context indicates Additional terms
defined in other sections of or exhibits to this Agreement shall
have the same definition for all purposes of this Agreement unless
otherwise indicated, notwithstanding that such additional terms are
not defined in this Article 1
1.1.1 "Act" means the California Limited Liability
Company Act, as amended from time to time
1.1.2 "Admission Certificate" means a written
certification by each Member in the form of the Certificate and
Agreement for Admission to Limited Liability Company set forth i~
EXHIBIT "1" annexed to this Agreement whereby each Member is making
certain representations, warranties and agreements for the benefit
of the Company and the other Members.
1.1.3 "Affiliate" means, when used with reference to a
specified Person, (i) any Person who directly or indirectly
controls or is controlled by or is under common control with the
specified Person, (ii) any Person who is an officer of, member in,
partner in, member of or trustee of, or serves in a similar
capacity with resbect to, the specified Person or of which the
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COUNSEL HAS BEEN PREPARED BASED ON FACTUAL INFORMATION PROVIDED BY
THE MEMBERS, AND SUCH LEGAL COul-.JBEL HAS NOT UNDERTAKEN TO REVIEW OR
DETERMINE THE ACCURACY OF SUCH FACTUAL INFORMATION.
IN WITNESS WHEREOF, the Parties have entered into this
Agreement to be effective as provided in this Agreement
"MEMBERS"
. Hamann, Trustee of
Hamann Family Trust,
12/21/83
and
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