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Grant of Storm Drainage Easement 1985-273973 . . :. - 965 8_73973 ,. ,..' This ,Space" for, Recorder" s Use , - - I ' :,:: ~...UHUUJ iN I Recordlng Requested by: I gFFiCI:,l RLCoriDS Or SAN olrGO CQUII! '(,C~, City of poway : ' , , 1985 JUl 31 PM I: II And When Recorded Mail To: . / I _YEP.,.\ L.LYlE.~ I ci ty Clerk ~UNTY RECOr.D[~ City of poway P. O. Box 785 Poway, Cali fornia 92064 NO FEE Title Order No. Tax Parcel No. 317-490-41 GRANT OF STORM DRAINAGE EASEMENT THENORA A. SCHAUER, hereinafter "Grantor," an unmarried woman, hereby grants to CITY OF POWAY, hereinafter "Grantee," an easement TWENTY (201 fe~t in width, described in Exhibit A which is attached hereto and made a part her~of by this reference, for the sole and exclusive purpose that the said easement shall be used for the construction, repair, maintenance, replacement, cleaning and inspection of an underground pip~line sufficient to carry storm water runoff from the Northerly side of poway Road across said road, and then acro,ss the Northeaster_ly side of Gran tor's land to a natural drainage channel abutting the Southerly property line of Grantor's land, and for no other use or purpose by Grantee, its agents, assigns, successors or employees. The land in which Grantor grants the said easement is 10,cated in the City of Poway, County of San Diego, State of California, and is described in Exhibit B which is attached hereto and incorporated herein by this reference. It is the exp'ressed agreement and intention of the parties hereto that: 1. ,The easement granted herein shall be the minimum reasonably p'ossible to accomplish ,the installation and maintenance of an adequate storm drain; 2. That Grantor, her agents, successors, tenants, and assigns shall and do retain all r.i:ght'S in, the said land to use the same in any manner and way not inconsistent with the purpose of this grant of easement. 3. That Grantee, when exercising its rights under this grant of easement shall enter, work and depart with all deliberate speed such as to cause the minimum possible disruption of any use of said land by Grantor, her heirs, tenants, agents, successors or assigns. .. \ .. v ".. Grant of Easement for Storm Drain Page 2 4. That Grantee shall insure that any damage or loss to Grantor's land, or any interest therein, caused by this grant of easement; work done under or upon said easement; and movement of Grantee's personnel, equipment, machinery or vehicles to, from, over and upon said easement; shall be promptly cured. 5 . Grantor, her agents, tenants, successors and assigns shall not hinder, obstruct or interfere with Grantee's exerc i'se of any or all rights, expressed or implied under the grant of easement herein. 6. Grantee shall surface finish said easement to match in quality and kind the surface finish of Grantor's adjoining land each and every time Grantee, its employees, agents or assigns breaks or penetrates the preexisting surface finish under exercise of any right granted under this easement. . i Grantor expressly warrants that she has the right and power to grant this easement in accordance with its terms. IN WI,TNESS WHEREOF, Grantor has executed this easement this ~I> day of ~ , 1985. (/ ___~ tf ...rCh ~ . Thenora A. Schauer Grantor L&M Tire Company, Inc. I a California Corporation Tenant in Possession . ~~(, ~o" By: .. . D , . .- ..' , , 967 - - . I I >- STATE OF CAlIFORNJ'bi 155. c ro~ COUNTY OF ----.llan _ego , ~... , I 0 On July_26tb..--l9.85 ,before me, the undersigned, a Notary Public in and for I () ~ said State. personally appeared_Tnenora A. Schauer ;= c . .~:~ ,E '" r~ ~roved to me on the basis of salis. .; I ~I " factory evidence) to be the person(s) whose name(s) is/are sub- e OFFIC!r\L SEAL , u scribed to the within instrument and acknowledged to me that LEO E JACKSON , '0 . NOTARY PUBLIC' CALIFORNIA oS he/she/they executed the same. SAN 01 EGO COUNT! N My comm. expires JUN 21, 1;;1119 '" ~ WITNESS my hand and official seal. 0 "..."re~~ f-~ 4168 Pork Boul..ard, San Diego, M ll2103 0 '" (This area for official notarial seal) ~ Leo E. Ja#aon I -- -- - ,- - - --, -- CORPORATE ACKNOWLEDGMENT State of California Is,s, County:of' San Diego On thjs' 25th dav of July , in the year 1985 , before me the undersiflned ',\ .~ a Notary Public in and'for ttie, San Diego County, personally appec;\red Ray H. Guillaume * * * ;< * * * * * * * * * * * * * * * * * * * * * * * * * * * * .....:\ [] personally known to me o proved to me on the basis of satisfactory evidence J I r. ~- to be the person(s) who executed the within instrument as Secretary or on behalf of the Corporation herein named and acknowledged to me that the Corporation executed it. , (~ (SEAL) , WITNESS my hand an'[;;Cial seal, ~ -t' OFFICIAL SEAL -' BARBARA BUIKEMA NOTARY PUBLIC' CALIFORNIA _~oG M)-' U ~ SAN DIEGO COUNT! 7 San 'Diego My oomm, expires DEe 18, 1987 Notary Public in and for the County and State, My commission expires IIp{"'&:>mb~r ' 6 ,19..$L P-169x lO-82(Rev.) -=~ --- ~ -- - ; ;;" ,~ '" ~ - , 968 --0 "'7 - ,. ~ ~~ <: ./ --0 ","- ? --0 ~/ =- 1....'"' 0 """ 0 pon. ~r JI/I SEe 1,1 .::J~ , -r -r LEGEIolD' BASIS OF 8EARINGS . JNOICATES.D~AJNA&f EASEt.1ENT ~::~~~~ ~~)~~ j; t:.;::t}:~;}::.:.?:.:.:.:\J THE BASIS OF BEARl1oJ65 ~OR , THIS DRAWIN6 IS THE NORTH REFEREIolCE DRAWING LINE OF THE 5W 1(4 OF THE 5E 1/4 OF 5EC.TIOIoJ 14. T.I4-5., PARC.EL MAP 30Z.0 R,(', W" ACC.OROIN6 TO RECO'W OF SURVEY 4704, I.E., .'l ee' 4b' 10" W , VICINITY <:1;0 0 ...'" MAP ~o <'~ w , NO SC.ALE "'., ~O ~a, , PARC.EL NO. wo - ~, ASSESSOR S "'" "0 rr ~~ ~, ~q'S M;'ROKCT 51~ 317-04Q- 4\ \,0 y-tl ll<' I I ~ ,~ ISW 1/4,. I ;; , ,5E 1/4, I :f SEe 14 I I 12 I I 1 L____.J J-<jl.... R'CK ,EN,GI~gRiNG COMPANY 5€2q' :r=:RIARS' :ROAD. SAN .D'EGO. CA 92110 :TELEPHONE .(714) 291-0707 - , . - , '. . ENG1NEER,- OF WORK . DATE , DRAINAGE EASEMENT:, IN,PORTION OF THE NW 1/4, OF THE .~E 1/4,OF ~ECTION 14, TI4S" R,2W, IN' THE' CITY OF POWAY, COUNTY OF ~!<N DIEG9. ,S,TATE OF CALIFORNIA "r; ,'~ ~,.~, ,~-, ~ ; ~PP~(';" c. I r,~" , ,...ftJ CITY OF 'POWAY, CALIFORNIA I. ; ~~,.:' ,A, t.;- 1 ':>htf.l 0' ~I".l T ~ I ,.." ("'.'~H" , , . ~", "', ~~" ,." ~. .;" -, - ~.J74~ - ~'V'~"'~"1(4D . l L.'" ~, "..:~",'."~ ~. I:, , '^"'~ '5[CT,O,,'''[All -6 EXH'r~IT A PAGE 1 OF 2 , ~ ;.. '\"., 9tf- nRAINAGE EASEMENTDESCRIRTION All that portion of the Northwest Quarter of the Southeast Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, in the Ci ty of Poway, Coun ty of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northwesterly corner of Parcel 1 of Parcel Map No. 3020, as filed in the Office of the County Recorder of said County; thence along the Westerly boundary of said o Parcel Map No. 3020 South 4647'40" East 224.98 feet and South 01013'50" West 44.28 feet to the Southerly line of said Northwest Quarter of the Southeast Quarter; thence along said Southerly line North 88046' 10" West 20.00 feet; then6e North 01013'50" East 1.96 feet to the beginning of a tangent 75.00 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 48001'30" an arc distance of 62.86 feet; thence tangent to' said curve North 46047'40" West 184.29 feet to the Southerly right-of-way of Poway Road, 100 feet wide; thence along said right-of-way North 47051'35" East 20.07 feet to the Point of Beginning. EXHIBIT A PAGE 2 OF 2 ,,--T- '1t.I~--- -~-- -,.--, - , '~.,.j f." J v..O : ..' ;-: .." .'- ...... . .' , . , That portion, of the Northwes~ Quarter of the Southeast Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego,State of California, according to United States Government "' ~_. Survey, described as follows: X COmmencing at the Southwest corner of the South 417.00 feet of the East "PA 336 417.00 feet of 'said Northwest Quarter ,of the' Southeast Quarter; thence , North, along the West line thereof, 417.00 feet to an intersection with the South line of land describ~d in Deed to Lee E. Doss, et ux, and recorded July 16, 1953 in Book 4923, page 83 of Official Records; thence West along said South line, 17.00 feet to the Southwest corner of said Do~s' land; thence North along the West line of said Doss' land and I the West line of land described in deed to Harry Wasso, et ux, recorded June 30, 1954 in Book 5285, page 119 of Official Records, to an intersection I ,with the Southeasterly ,line of that certain 80.00 foot strip of land , described as an easem~nt in deed to the County of San Diego,' recorded ~ , , August 9, 1950, in Book 3730, page 458 of Official Records, 'known as , Road Survey No. 987; thence Southwesterly along said Southeasterly line, ! a distance of 543.00 feet; thence Southe'asterly at right angles 222.00 I feet: thence Southwesterly to an intersection with the South line of r said Northwest Quarter of the Southeast Quarter, distant thereon North 88046'10" West 437.00 feet from the point of commencement; thence West along saId South line 104,'.32 feet; thence North 01013'50" East, 49.70 feet to the TRUE POINT OF BEGINijING; thence retracing South 01013'50" West, 49.70 feet to the South line of said Northwest I Quarter of the Southeast Quarter; thence North 88046'10" West along said South line 124.14 feet to the most Easterly corner' of the land described in deed to Duane E. Jackson, et ux, recorded January 2, 1969 as File j, No. 99; thence along the Northeasterly line of said Jackson's land- I and the Northwesterly prolongation thereof North 46045'40" West, , 225.79 feet to the c,enter line'of said, Road Survey No. 987; thence I I Northeasterly along said center line to a line that bears North I I 46045 '40" West from ,the TRUE POINT OF BEGINNING; thence South 46045 '40" East,275.00 feet to the TRUE POINT OF BEGINNING. I . I EXCEPTING therefrom the Northwesterly 50.00 fe~t. I , I ALSO' EXCEPTING therefrom all gas, oil, hydrocarbons and all minerals , lying ,in, on, or under 'said land; however, no right of entry is reserved I upon the surface for'the purpose of exploring for or extracting oil, i gas, hydrocarbons or 'minerals; reserving however, the right to enter I DR:WC the subsurface for the purpose of extracting same, as reserved in Deeds 2-'22-72 recorded August 31, 1964 as File No. 158595; and September 6, 1966 as I T'-6836 File No. 144737 respectively. I 280045-B I " " I , Exhibi t liB" \ '.h___ ..___ ,-- ~ .,. ," - ',. . .. .. 97 .' CERTIFICATE OF ACCEPTANCE 1, I, MARJORIE K. WAHLSTEN, as City Clerk, and agent for CITY OF POWAY, make the following certification on its behalf: This is to certify that the interest in real property conveyed by the deed or grant dated -Sui 4, ,') C. !'1SS from --['he-V) 0 r k A, 'Sch4.ue.-v- to the CITY OF POWAY, a political corporation and/or governmental agency is hereby accepted by the under- signed officer or agent on behalf of the CITY COUNCIL pursuant to authority conferred by RESOLUTION NO. 34, adopted on January 20, 1981, and the grantee consents to recordation thereof by its duly authorized officer or agent. Dated: 'l-'?l,,-SS CITY OF POWAY By: Yh~Ll t:' 2fUC<.Mt Marj(On:e K. Wahlsten Cit~~rk (DPS 3/82) --