Grant of Easement for Drainage Appurtenances 2012-0073529r} RECORDING REQUESTED BY:
p[� CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
DOC q 2012-0073529
FEB 08, 2012 2:58 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
POWAY, CA 92074 )
(This space for Recorder's use only)
APN: 317- 190 -43
10349 GRANT OF EASEMENT
FOR DRAINAGE APPURTENANCES
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Pinnacle Realty of California, a California limited liability corporation (hereinafter "GRANTOR ")
hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the
following described easement for a right -of -way, in, upon, over, under and across the lands
described in Exhibit "A ", depicted in Exhibit "B ", attached hereto and made a part hereof, to
erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for
drainage purposes, together with such fixtures and appurtenances, at such locations and
elevations, upon, along, over and under the right -of -way described in Exhibit "A" 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 described below, together with the right to use this
easement for access to GRANTEE's rights -of -way situated in adjacent lands, without any
addition compensation therefor.
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described as follows, to wit:
(SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT EXHIBIT B
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 City Engineer 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 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.
I 0� 5()
GRANTOR agrees that no other easement or easements shall be granted on, under, orI)DO
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 the easement right -of -way, 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 assigns.
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 its terms.
IN W TNESS WHEREOF, the GRANTOR has executed this Easement this,,21V day of
2012.
Pinnacle Realty of California,,
1 Vincent Castro
Its: AQ G`✓
(Signatures must be notarized)
Approved as to Form:
Office of the City Attorney
A
/J�Ue4m,6 L*�
Mora L. Fol Ci Attorney
mAengsery \dapp \esmnt \toyota sd.docx
10351
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
e t
County of .-rf�/ - !
On before me,
Date Here In, ,er Name and Title of the Officer
personally appeared V
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(whose name(0) is /. subscribed to the
within instrument and acknowledged to me that
he /s* /th* executed the same in his /liar /tn* authorized
capacity(iW, and that by his /I�r /tl)'l§ir signature(X on the
instrument the person( ,*, or the entity upon behalf of
which the person acted, executed the instrument.
P LMIS MON I certify under PENALTY OF PERJURY under the laws
Commission * 1956215 of the State of California that the foregoing paragraph is
Notary Public - California true and correct.
San Diego County
'my Comm. Expilres Nov 9, 2015
WITNESS my�handand official seal^
Signature � r
Place Notary Seal Above Signature of Notary Public
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:C'��%f
Document Date: �`' i `''1 � f" ?, Number of Pages:
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
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
•• of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
•• of thumb here
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
CERTIFICATE OF ACCEPTANCE
10352
This is to certify that the interest in real property conveyed by the deed or grant dated: January 30, 2012,
by Pinnacle Realty of California, a California limited liability corporation, 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: i�--
Seal:
C�li1��7�1�P�Y1
By:
Lin a A. Troyan, MMC
y Clerk
SHEET 1 OF 1 10353
EXHIBIT "A"
DRAINAGE EASEMENT
TO THE CITY OF POWAY
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 15255,
AS PER MAP FILED JUNE 6, 1988, SAID CORNER ALSO BEING ON THE NORTHERLY LINE
OF LOT 15 OF MAP NO. 6950 WESTGATE UNIT NO. 1, AS PER MAP FILED JUNE 1, 1971,
BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THENCE ALONG THE NORTHERLY LINES OF LOTS 15, 16 AND 17 OF SAID MAP NO.
6950, NORTH 890 06'43" WEST, 131.68 FEET (NORTH 890 06'43" WEST, 131.68 FEET
RECORD PER SAID PARCEL MAP NO. 15255) TO THE WEST LINE OF SAID NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13 AS SHOWN ON SAID PARCEL
MAP NO. 15255;
THENCE ALONG SAID WEST LINE, NORTH 000 53' 12" EAST (NORTH 000 53' 12" EAST,
RECORD PER SAID PARCEL MAP NO. 15255), 67.41 FEET,
THENCE NORTH 740 56' 25" EAST, 30.45 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 420.65 FEET,
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 140 09'45"
AN ARC LENGTH OF 103.98 FEET TO THE WESTERLY LINE OF SAID PARCEL 1;
THENCE ALONG SAID WESTERLY LINE OF PARCEL 1, SOUTH 000 55'59" WEST (SOUTH
000 55'59" WEST RECORD PER SAID PARCEL MAP NO. 15255) 91.77 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 10,900 SQUARE FEET OR 0.25 ACRES MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF.
DESCRIPTION WAS
BR
,JAN L. THIENES
P.L.S. No. 5750
REG. EXP. 12131113
0A29981ESM71DRN12998 DRN.doc
Last Update: 01/23/12
BY ME OR UNDER MY DIRECTION.
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EXP.12/31 /13
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EXHIBI T "B"
DRAINAGE EASEMENT
TO THE CITY OF POWAY
APN: 317 - 190 -43
1
APN: 317 - 820 -10
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OWNER: CITY OF
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SHEET 1 OF 2
10354
110' WIDE DRAINGE EASEMENT
DEDICATED TO THE CITY OF POWAY
Lo: PER PARCEL MAP NO. 15255
- — — — — — — — — — — — — — — -
UNDERGROUND CULVERT b
Jr. - -
PARCEL 1�/JAF No, 15255
FILED JUNE 6, 1 9aa
I N 89'06'43° W BASIS OF BEARINGS
P.O.B. I I i
SW COR. I PARCEL 1 1
VVrST��T� UNIT NO. 1
MAP. INC), 6956
FILED J UNr 1, 1971
LOT 16 I LOT '15 1 OT 1 /
0�
N �
FAIRGATE DRIVE
INDICATES DRAINAGE EASEMENT
TO THE CITY OF POWAY
CONTAINS. • 10,900 SO. FT. t
OR .250 AC f
O Thienes Engineering, Inc.
Q CI19L ENGINEERING • LAND SURVEnNG
14349 FIRESTONE BOULEVARD
Q LA MIRALK CALIFORNM 90638
PH.(714)521 -4811 FAX(714)521 -417.1
NOTE.-
LOT 13
SEE SHEET 2 OF 2 FOR LINE TABLE,
CURVE TABLE, BASIS OF BEARINGS
AND VICINITY MAP.
SURVEYOR-
LA
ND
4RIAN PARED UNDER TH UPERV/S /ON OF
o Z
m NO. 5750 ccn
' EXP.12/31/13
LP
L. THIS S DAT
P.L.S. NO. 5750 OF CAL�F�
REG. EXP. DEC. 31, 2013
EXHIBI T "B"
DRAINAGE EASEMENT
TO THE CITY OF POWAY
LINE TABLE
LINE/
#
LENGTH
RADIUS
BEARING
TANGENT
) INDICATES RECORD DATA
PER PARCEL MAP NO 15255
L1
131.68'
N
89'06'43"
W
(131.68' N 89'06'43"
W)
L2
67.41'
N
00.53'12"
E
(N 00.53'12"
E)
L3
30.45'
N
74'56'25"
E
L4
91.77'
S
00'55'59"
W
(S 00.55'59"
W)
L5
420.65'
N
00.53'50"
W
CURVE TABLE.-
CURVE #
DELTA
RADIUS
LENGTH
TANGENT
Cl
14.09'45"
420.65'
103.98'
52.25'
BASIS OF BEARINGS.•
THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY LINE
OF PARCEL 1 OF PARCEL MAP NO 15255 BEING N 89'06'43" W
FILED JUNE 6, 1988, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.
Last Update: 1/23/12
0: \2998 \ESMT\DRN \2998— ESMT.dwg
0 Thienes Engineering, Inc.
Q CM ENGINEERING • LAND SURVE)9NG
14349 FIRESTONE BOULEVARD
QLA MIRALK CALIFORNIA 90638
AY(714)521 -4811 FAX(714)521 -4173
SHEET 2 OF 2
10355
VICINITY MAP
N.T.S.