Grant of Easement for Drainage 2011-0594423RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY l I )
P.O. BOX 789 )
POWAY, CA 92074 O n a
Icon
Tax Parcel No. 314 - 194 -55
DOC # 2011- 0594423
IIIIII I III 111111111111111111111111111111111111111111111111111111111
NOV 07, 2011 3:16 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
(For Recorder's Use Only)
GRANT OF EASEMENT FOR DRAINAGE
(No Documentary Transfer Tax Due)
Craig M. Pond and Deborah L. Pond, 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 the 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 Exhibit "A" — Legal Description and Exhibit "B" — Plat)
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 the 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 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
11-109
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 Easement, 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 the GRANTOR has the power to grant this
easement in accordance with his terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
day of OCTb 6 , 2011.
1
Craig M. Pond
Date
10 - ZS - 1(
( �, 1 %4,:! �4Y� 14.7 5 • -Lot �
Deborah L. Pond Date
(Signatures must be notarized. Notary form attached.)
CITY OF POWAY:
Office of the City Attorney
Date
Morg n L. olby Date
MACIP_Developmen&CIP Projects\5298 Oak Knoll RevitalizatioACorrespondence \Street Dedication LetterMASEMENT_Lazaga.doc
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of San Di Sao
On OCA b -t' JS Jail before me, � ro S . "� , tjm -kfru Pr c.6 /Z6
,
Date Here I T a e and Title of the 01fiber /
personally appeared C4-,A.!4 M• an N,61-4J, L Po.A
Name(s) of Signer(s)
CAROL S. I EGG
Camnr n 1 1854186
Nowt' Ptlbk - Chi Mia
San obw cw ty
Coma 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) .dare
subscribed to the within instrument and acknowledged
to me that bels#e /they executed the same in
Avis/ /their authorized capacity(ies), and that by
his4zw /their signature(s) on the 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 that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: �� -If /. , !F
Signature of Notary Pt#ic
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 another document.
Description of Attached Document
Title or Type of Document: at EaA"4-&a
Document Date: Lo . It t e ® Number of ages:
Signer(s) Other Than Named Above: &AA� � G Ame e4g.-* 04A RL34
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Corporate Officer —Title (s):
❑ Individual
• Partner — ❑ Limited ❑ General
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
O Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
02010 National Notary Association • NatfonalNotary.org • 1- 800-US NOTARY (1- 800 - 876 -6827) Item 05907
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 6 vLr d7 eaol 1 , before me, Carol S. Legg, Notary Public,
personally appeared Penny Riley, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CAROL S. LEBG
CortaNasion i 1830188
Noury Public - California
Ban Otago County -
Comm. Ex ira r 28 2O1 S
Title or type of document:
cfc4le ���7
Carol S. Legg, Notary Public)
OPTIONAL
If e
t.
1
Document Date: 6aia 1`� n S' -1h I ! nNu'mber of Pages: y
Signers Other Than Named Above: 'L.M:Q '1t)&n�rak Pda /yko
�.
J- 16377g
EXHIBIT "A"
DRAINAGE EASEMENT
Being a portion of Parcel 3 of Parcel Map No. 12206 in the City of Poway, County of San Diego,
State of California, according to Parcel Map thereof No. 12206 filed in the Office of the County
Recorder of San Diego County June 25, 1982 as File No. 82- 196454, said portion being more
particularly described as follows:
Beginning at the Southwest corner of the property granted to Craig M. Pond and Deborah L.
Pond per Grant Deed recorded in said County Recorder's Office July 17, 1997 as Document No.
1997 - 0340080; thence along the West boundary of said property North 04 °16'46" West 40.71
feet; thence leaving said West boundary South 27 °12'35" East 45.57 feet to the South line of said
Parcel 3; thence along said South line South 89 °46'56" West 17.80 feet to the POINT OF
BEGINNING.
Containing 361.409 Square Feet, more or less.
1 atrick A. McMichael, L.S.6187 Date 4
# �• 8187
Eck files: 16377g_dmin_esmnt
EXHIBIT 'B'
SHEET 1 OF 1
REFERENCE DRA WINGS
PM 12206, MAP 13872
ASSESSOR PARCEL NUMBERS
314 - 194 -55
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY
IS THE CCS83, CALIFORNIA COORDINATE
SYSTEM ZONE 6, (EPOCH 1991.35). GRID
BEARING BETWEEN FIRST ORDER POINTS
RECORD OF SURVEY 04492 ARE SHOWN IN POINT OF "-S89046'56*) SDG &E EASEMENT-'
BEGINNING 17.80' REC'D 211711931
IN BK 1846, PG 449
\ V
DRAINAGE CHANNEL
ESMT. REC'D 1012912010
AS DOC. NO. 2010 - 586890
20 10 0 20
GRAPHIC SCALE 111= 20'
\ PAR 2
o \ 1
17 N \
ko
v VA
PIPELINE EASEMENT
REC'D 12/ 15/ 1983 AS
o 83- 457415
BEARING FROM POINT 106-. TO 48:
S30' 42'56'E
F,� LAND s(i
J N0. L 6187
OF C A\-1F
E 5620 FRIARS ROAD J. 16377g
1 SAN DIEGO, CA 92110
CA 619.291.0707
L ENGINEERING COMPANY (FAX)619.291.4165
u
s
PATRICK A. MOMICHAEL, LS 6167 DATE
DRAWN /REVISED BY- DATE:
DRAINAGE CHANNEL EASEMENT
OVER A PORTION OF:
PARCEL 3 OF PARCEL MAP NO.12206
Lb \163770_Poway- Channol \Survoy \163770- axbOl_droln- osmt.don
\ \arv- photos \RlckStandords \Bontloy - 2006 \workspoco \prolocts \CorpStca - 2005- SO \Iplot \CorpStda- 2005- SO:pan
17 -OCT -2011 08-47
PH MOD
\ `
P
\
FLOOD DRAINAGE CHANNEL
EASEMENT REC'D 71711982
AS DOC. NO. 82- 172793
\
POND PROPERTY
NORWALK
ST
GRAN DEED C'D
AS
LEGEND
p Q n ,
DOC. NO. 1997 - 0340080
DRAINAGE CHANNEL EASEMENT, ACOUIRED
®INDICATES
(CONTAINS 361.409 S.F.)
p Q W
REFERENCE DRA WINGS
PM 12206, MAP 13872
ASSESSOR PARCEL NUMBERS
314 - 194 -55
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY
IS THE CCS83, CALIFORNIA COORDINATE
SYSTEM ZONE 6, (EPOCH 1991.35). GRID
BEARING BETWEEN FIRST ORDER POINTS
RECORD OF SURVEY 04492 ARE SHOWN IN POINT OF "-S89046'56*) SDG &E EASEMENT-'
BEGINNING 17.80' REC'D 211711931
IN BK 1846, PG 449
\ V
DRAINAGE CHANNEL
ESMT. REC'D 1012912010
AS DOC. NO. 2010 - 586890
20 10 0 20
GRAPHIC SCALE 111= 20'
\ PAR 2
o \ 1
17 N \
ko
v VA
PIPELINE EASEMENT
REC'D 12/ 15/ 1983 AS
o 83- 457415
BEARING FROM POINT 106-. TO 48:
S30' 42'56'E
F,� LAND s(i
J N0. L 6187
OF C A\-1F
E 5620 FRIARS ROAD J. 16377g
1 SAN DIEGO, CA 92110
CA 619.291.0707
L ENGINEERING COMPANY (FAX)619.291.4165
u
s
PATRICK A. MOMICHAEL, LS 6167 DATE
DRAWN /REVISED BY- DATE:
DRAINAGE CHANNEL EASEMENT
OVER A PORTION OF:
PARCEL 3 OF PARCEL MAP NO.12206
Lb \163770_Poway- Channol \Survoy \163770- axbOl_droln- osmt.don
\ \arv- photos \RlckStandords \Bontloy - 2006 \workspoco \prolocts \CorpStca - 2005- SO \Iplot \CorpStda- 2005- SO:pan
17 -OCT -2011 08-47
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement
dated: 0Gr 2 .2�1j , from Craig M. & Deborah L. Pond, 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: A - 31. / / CITY OF POWAY
Seal:
By:
Tina M. White, Deputy City Clerk
mAcip_developmeriftip projects11443a rattlesnake creek streambank stabilizationleasements114452 midland roaftertificate of
acre pta nce- city _pond.docx