Drainage Easement 1982-172793
....IV\OD'..~ ~E-r---D BY
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waEN RECORDED, PLEASE
THIS INSTRUMENT TO:
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89172793
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OfFICI/~L [,ese) IJS
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MJl.IL
City of poway
Ci ty Clerk
P.O. Box 785
Poway, CA 92064
NO TRANSFER TAX
1582 JUN -7 AH 9: I'D
I .YF, U' I . I C I
l...E~fITY, LLIj~D~
NO FEF
DUE ., 0 - SPACE ABOVE FOR RECORDER'S USE ONLY
IHREV > '
DRAINAGE~~EASEMENT
Assessor's Parcel
No. 314-194-20
Project T.M. 81-07
1'7.0. No.
Parcel No.
Log No.
James D. Kunzman
hereinafter designated Grantor(s) dc(es) hereby grant bargain, convey and
release unto the City of poway herein designated Grantee, its successors
and assigns, a perpetual easement and right-Of-way upon, through, under,
over and across the hereinafter described real property for the installation,
construction, maintenance, repair, replacement, reconstruction and inspection
of an enclosed or unenclosed flood DRAINAGE channel and all structures
incidental thereto, and for the flowage of any waters in, over, upon or
through said channel, together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, and any other obstruction interfering
with the use of said easement and right-of-way by the Grantee, its success-
ors or assigns. To have and to hold said easement and right-of-way unto
itself and unto its successors and assigns forever together with the right
to convey said easement, or any portion of said easement, to other public
agencies.
The real property referred to hereinabove and made subject to said easenent
and right-Of-way by this grant is situated in the County of San Diego, State
of California, and is particularly described as follows:
T'hat Portion of Section 12, Tcwnship 14 South, Range 2 I':est, San Bernardino Base and
1>'eridian in the City of Pc:.-'ay in the County of San Diego, State of California, according
to United States Goverrurent SUrvey approved September 11, 1879, further described as
follows :
Beginning at the southwest corner of that real property deeded to James D. Kunzman per
deed recorded October 28, 1980 per File No. 80.,359514, Official Records of the County
Recorder of the County of San Diego. 'Ihence easterly along the south line of said
real property North 890 48' 50" East a distance of 737.45 feet to the TRUE POINI' OF
BEGINNII'K;. 'Ihence leaving said South line North 21" 47' 33" West a distance of 96. 40
feet; thence North 01" 09' 23" East a distance of 75.00 feet; thence North 510 07' 06"
East a distance of 125.00 feet; thence South 470 04' 00" I"est a distance of 90.19 feet
to the beginning of a tangent curve concave easterly of radius 70 feet; thence southerly
along said curve through a central angle of 46" 08' 12" a,'distance of 56.37 feet; thence
.
593
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tangent to said curve South 000 55' 48" l-Jest a distance of 39.19 feet; thence
South 150 42' 44" East a distance of 95.81 feet to the TRUE POmI' OF BEGINNING
'.
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594.
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The Gra,nt~ s~a,l1 J:ave the r~gh: tp fence. a,ll Wi ap~ portton of, ~~d easementh~ein
oonveyed W1thin which, there l.S l,h!:1talled or constructed an unenclosed flood dralllage
channel. The Grantee, its successors and assigns sha1Lbe responsible for operating!
maintaining, and keeping in good repaf;r the above described wo,rks of hnproverrent,
The Grantor, his successors and assigns, reserves the right to enclose in a manner
approved by the Grantee, its successors and assigns, any portion of an unenclosed flood
drainage channel provided such enclosure is constructed or installed by a licensed
oontractor in accordance with plans and specificaticns approved by and to the satis-
faction of the Grantee, its successors and assigns. In granting its arprova1 the
Grantee, its successors and assigns, 'may :irrpose reasonable conditions inchrling, but
not 1i1Pited to, the filing by the cootractor or Grantor of an adequate performance
bond to guarantee canpletion of the work.
There is reserved to the Grantor, his successors and assigns, the right and p;ri vilege
to use the above described land of the Grantor at any tirre, in any' manner and for any
purpose not inccnsistent with the full use and enjoyment by the Grantee, its succes-
sors and assigns, of the rights and privileges herein granted., '
Executed this
"2...0
day of
, 19LZ-.
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STATE OF ~4..~
County of JtUt! !lu-<<u lss
en "i?1tf.., '1::fD ,19 lQ-before me, the undersigned,
and for saJ.d Coun and State, gersonally appeared
, ~iL~
known to me to ,/the persCll1'{s)... hose narre --<...-<J
the within instrurent, and ackncw1edged that '--Ii --'?._
a Not:aIy Public in
subscribed to
executed the sane.
\~itness IT!{ hand and official seal
t&v ~tUJ.xLJL-
lie in and for saJ.d County and State
~
. OFfiCIAL SEAL
(t,,,... PHYLLIS KRAUSE
<". '.~ NOTARY PUBLIC-CALIFORNIA
t · , PRINCIPAL 01 FleE IN
. . . SAN DIEGO COUNTY
'My Commission E,pires Del. 8, 1983
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595 .
CERTIFICATE OF ACCEPTANCE
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 9rant dated
May 20, 1982
from
James D. Kunzman, MD -----------------------
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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:
June 2, 1982
CITY OF POWAY
By:
~ ~ ~,.~
rjor~e K. Wahisten
ity Clerk
(DPS 3/82)
"Irrevocable Drainage Easement"
Project: TPM 81-07
APN 314-194-20