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Grant of Easement (Drainage) 2010-0586890D O C # 201 0 - 0586890 RECORDING REQUESTED BY: ) OCT 29, 2010 2:59 PM CITY OF POWAY j SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER AND WHEN RECORDED MAIL TO: FEES 0 00 OC NA p� p� CITY CLERK PAGES: S CITY OF POWAY ) o P.O. BOX 789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII POWAY, CA 92074 ) (This space for Recorders Use) APN: 314 - 194 -66 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Scott E. Butcher and Priscilla J. Butcher, Husband and Wife as Joint Tenants (hereinafter "GRANTOR ") hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, an easement for drainage purposes, in, upon, over, under, and across the lands described below, to erect, construct, reconstruct, replace, repair, and. maintain, an open channel and pipelines or other drainage devices, together with all related fixtures and appurtenances, at such locations and elevations, upon, along, over, and' under the lands described below as GRANTEE may now or ,hereafter determine in its sole discretion, without any additional compensation therefore, together with the right of Ingress, and egress from said easement by a practical route or routes in, upon, over, or across the land described below, together with the right to use this easement for access to GRANTEE's rights -of -way situated in adjacent lands, without any additional compensation therefore. The land encompassing this easement is situated in the City of Poway, County of San Diego, State of California,. and is more particularly described as follows: (SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A, AND PLAT EXHIBIT B MADE A PART HEREIN) GRANTOR, his 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 Development Services on an approved plan. GRANTOR, his heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTEE may use all gates 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. GRANTOR agrees that no 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 this easement, or modify the size of existing pipelines or 1p -115 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 of the GRANTEE In the event of any dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration proceeding, administrative proceeding or litigation in law 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 warrants'and represents that GRANTOR has the power to grant this easement in accordance with his terms. I IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 22 +� day of O 2010. ris la J. Butcher Date (Signatures must be notarized. Notary form attached.) /0 Date Approved as to Form Office of the City Attorney L/" `` Cc C14�UA Lisa A. Foster, City Attorney iO - S 10 Date M \engsery \Clapp \Esmnt \Rattlesnake'Creek \Rattlesnake Creek Easement docx CITY OF POWAY: Scott E. Butcher Date ris la J. Butcher Date (Signatures must be notarized. Notary form attached.) /0 Date Approved as to Form Office of the City Attorney L/" `` Cc C14�UA Lisa A. Foster, City Attorney iO - S 10 Date M \engsery \Clapp \Esmnt \Rattlesnake'Creek \Rattlesnake Creek Easement docx CITY OF POWAY: CALIFORNIA P t l .v.. trs�L. y>.' r. ....aL.c.L...<c�x.'•�:...L,c�L. L. e..a:.L:: •:: rx, t <nL w4:�x'�fi<.:aa<„ca<S�..L>t.:nt: t!:tCS.:. ;.+. � ('nL„K.. cue.. :� .s4� f..H .o.. ss. cf�'i State of California County of San Diego On I 122- 1 10 before, me, Shall C`r oar. personally appeared t)c (-,�+ $NILLEy COLLINS Commbslon 6 1787479 Notary Public • California San Diego County M7CaNiLB�1 seDxffi 5811. Ph. Notary Seal ( .0 e 9 who proved to me on the basis of satisfactory evidence to be the person(s) whose named) subscribed to the within instrument and acknowledged to me that he/she a executed the same in hisftrer /authorized capacity's , and that his%her/�signature on the instrument the per oh� or the entity upon behalf of which the person acted, executed the instrument- 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and offi ial se I_ Signature Ignar re of Notary Pubic OPTIONAL Though' the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached - D Title or Type of Document: Document Date: i0122( Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 'Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of: Pages: l.Q Signer's Nat ❑ Individual ❑ Corporate Officer — Tille(s): O Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHMTHUMSPRINT. r ,CF: SIGNER: `.4''' 0 �✓4`NLStV.<L,L�t/4`fVV<�/SVSV SS>rf�4'V 'ySV4�.4'+/2`:S�S�S'Y V G'�/f'Vf'Vf�YGV vSV4Vf�f�V ,SVVS�{fG'VLiiSL,LCV�'V rl • • i1 • .11 CALIFORNIA' ALL- PURPOSE ACKNOWLEDGMENT State of California County of San F) g O 10 125120i 0 before me, ry Pi ihlir" MI. ere 1n Adam Wd T ft of Cie Olfiw, personally appeared e t l l 1 - k t . eL( Ha ef�iolsl�artsl who proved to me on (he basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the SHELLEY COLLINS" within instrument and acknowledged to me that COfrlrliitNlOn 0 1787479 9 heAgj they executed'the same in his 63llfi eir authorized Notary Public • California San Diego County capacity(ies), and that by +hib�heir signatures) on the WO&MEgrivaDao2Q2Dt1 t instrument the person(s),, or the entity upon behalf of which the person(s) acted, executed the instrument" I certify under PENALTY OF PERJURY under the laws of the State of California thaLthe, foregoing paragraph is true and correct. WITNESS my hand and official al. Signature � [/�/ � � / J � pmc Notary Seal M.o Slgn of r " OPTIONAL Though the information below is not required bylaw, if may prove valuable to persons relying on the document and could prevent traudulent removal and reattachment of this form to another document. Description of Attached Document (' Title or Type of Document: �"I��t' w ©'i' G-a SeMet1+ Document Date: NumberofPages: lV Signer(s) Other Than Named Above: 5co b*- C - ' y) e' :t UA' J • '� `'lfi✓ Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUtdBPRIM l'T'OF EIGNER�°7N 0 Signer's Name: ❑ Individual ❑ Corporate Officer ' Title(s): ❑ Partner —❑ Limited ❑.General ❑ Attorney in Fact ❑ Trustee Top of thwnb here E) Guardian or Conservator El Other: Signer Is Representing: Y«<C.v«YG "✓ G " ✓G'bG'b 'v4`V�'V 'dKYf'Yf'Y 'V Vf \v.4`Y4` Vfv<'Yf'YL'Vf'V 'YGLtM' L4'Y'Yf 0M %R f(L' <'Nf' f Y4'V V I' �3 I: EXHIBIT" `A" LEGAL DESCRIPTION APN: 314- 194 -66 VESTING: SCOTT E. BUT_ CHER & PRISCILA J. BUTCHER, HUSBAND & WIFE AS JOINT TENANTS THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14,SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN GRANT DEED'TO SCOTT E. BUTCHER & PRISCILA J. BUTCHER, HUSBAND & WIFE AS JOINT TENANTS, RECORDED APRIL 19, 2006 AS DOCUMENT NUMBER 2006 - 0274205 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NUMBER 5717 RECORDED MARCH 24, 1977 AS - FILE NUMBER 77- 108292 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID PARCEL . 1 NORTH 89 WEST 23.36 FEET TO THE NORTHWEST CORNER OF THAT IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR DRAINAGE PURPOSES GRANTED TO THE'COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT RECORDED MARCH 21, 1977 AS FILE/PAGE 77- 102225 OF OFFICIAL RECORDS OF SAID COUNTY, AS SHOWN ON SAID PARCEL MAP 5717; THENCE LEAVING SAID NORTH LINE NORTH 16 0 24'30" WEST 73.57 FEET; THENCE NORTH 32 °06'39" WEST 82.00 FEET TO AN ANGLEPOINT IN THE SOUTH BOUNDARY OF LOT 2 OF CITY`OF POWAY TRACT NUMBER 98 -06, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING,TO MAP THEREOF NUMBER 13872 RECORDED NOVEMBER,2, ,1999 AS FILE NUMBER 1999 - 732693 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY NORTH 89°48'50" EAST 32.62 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN GRANT DEED TO CRAIG M. POND AND DEBORAH L..POND TRUSTEES OF THE POND FAMILY TRUST DATED JANUARY 12, 2004 .LIVING REVOKABLE'TROST, RECORDED DECEMBER 17,2004 AS DOCUMENT NUMBER 2004 - 1188490 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE; SOUTH LINE OF SAID LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 17, 2004 AS DOCUMENT NUMBER 2004 - 1188490 NORTH'89 0 48'50" EAST 32.13 FEET TO THE NORTHEAST CORNER OF SAID LAND_DESCRIBED IN GRANT DEED RECORDED APRIL 19, 2006 AS DOCUMENT NUMBER 2006 - 0274205; THENCE LEAVING SAID SOUTHERLY BOUNDARY, ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN GRANT 'DEED RECORDED APRIL 19,2006 DOCUMENT NUMBER 2006 - 0274205 SOUTH 09 °17'07" EAST 142.46 FEET TO THE POINT OF BEGINNING. (1) NOTL DATA HEREON l5 BASED ON R CORD FORMATION. EXHIBIT " B APN 830 -02 Lau 2 MAP 1387 I N89'48'50 "E �,I,\ 32.62' 1 0 0 6 POC MM � n r 7K U� � SEC. 11 2 4 u 4 S W [S wq �o om APN 314- 194�7 -/16y6 DOo0a�006 °O�a4�0� I 000, 20000 °07325N I \ DOC.2804- 1188490 1 APN 314- 194 -55 \� 1 PCL 2 \ �I PM 12200 E SCALE. 1 " =40' 32.13' EXISTING EASEMENTS O A IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR DRAINAGE PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT REC. 3/21/1977 AS F/P 77- 102225 O.R., AS SHOWN ON PM 5717, N89'09'12 "W 23 36' FCL I PM 0717 APN 314 - 194 -34 DRAINAGE EASEMENT & BIOLOGICAL ^j CONSERVATION EASEMENT TO THE CITY OF POWAY PER MAP 13872. / © IRREVOCABLE OFFER TO DEDICATE 'REAL PROPERTY FOR DRAINAGE PURPOSES GRANTED TO THE CITY OF POWAY REC. 6/7/1982 AS F/P �, 82- 172793 OR , AS SHOWN ON - PM 12206. POINT OF BEGINNING 1 A 1 I 1 1 1 I I INDICATES AREA OF EASEMENT ACQUISITION, 5;362 SQUARE FEET MORE OR LESS. THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH PROFESSIONAL /L.�AAND SURVEYOR'S ACT. Z�i�l— 9 - 29- 2610 MICHAEL L SCHLUMPBERGER, PLS 7790 Right —Of —Way Engineering Services, Inc. 615 S. Tremont Street - Oceanside, CA 92054 (760) 637 -2700 FAX (760) 637 -2701 File Neme: Pawoy- Rattle Snake Creek ;Esmt.dwg Job No. 1006- 0040 -02 APN: 314 - 194 -66 CITY OF POWAY VESTING: SCOTT E. BUTCHER & PRISCILA J BUTCHER, HUSBAND & WIFE AS JOINT TENANTS DATE: SEPTEMBER 10, 20101 SHEET 1 OF 1 CONTAINING`5;362SQUARE FEET-MORE OR LESS. ATTACHED HERETO,AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B ". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPAREDBY ME, OR UNDER MY DIRECTION. IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL L. SCHLUMPBERGER, PLS 7790 p �AND Sg g -Z9- 20 /O v.'r� AF B O DATE J m * Exp. x /ails 9 N ,A NO., 7790 9T �C� C (z) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: 10-22 - 2010 from Scott E. Butcher and Priscilla J. Butcher, Grantor, to the City of Poway, Grantee, a political corporation and /or governmental agency is hereby accepted by the undersigned 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. Dated: 10- Z5 -Z CITY OF POWAY Seal: