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Grant of Water Easement 2017-0460227x7 O C-" RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 GRANT OF WATER EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) DOC# 2017-0460227 Oct 05, 2017 11:25 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: 50.00 PCOR: N/A PAGES:7 The Blelloch Family Trust, dated February 8, 2008, (hereinafter "GRANTOR"), hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the easement and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline, and pipelines and appurtenances thereto, at such locations and elevations, upon, along, over and under that certain real property in the City of Poway, County of San Diego, State of California, described in Exhibit "A" and shown in Exhibit "B" which are made a part hereof. 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 in Exhibit "A". 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 Director of Development Services 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 within said easement, 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, without changing the purpose of such use, change the location of facilities within the boundaries of the easement right-of-way, or modify the size of 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 Grant of Water Easement / APN: 278-300-74 Page 2 existing ground elevations of the above-described easement that exist 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. L ST IN WITN(ESS (WHEREOF, the GRANTOR has executed this Easement this �l day of t )mYd. . L.r i 12017. OWNER: BLELLOCH FAMILY TRUST, dated February 8, 2008 By: Z/4�� Date: Paul Blellodfi Its: Trustee By:� Date: Mia C6pric Blell ch Its: Trustee (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney " M�n Date: ?! OGrIlF,4.(t t1 Mor 75 Foley, Cit Attorney Grant of Water Easement / APN: 278-300-74 Page 3 CERTIFICATE OF ACCEPTANCE Grant of Water Easement APN: 278-300-74 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in the attached document dated: S emblA a� , ego 17 from Blelloch Family Trust, (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. 17-007 adopted on April 18, 2017. Dated: Agl -7 CITY OF POWAY Seal: By: lvilz��17 R ert J. Manis Director of Development Se ' s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof ,5ZF1n D in ) On 011' 1-1 before me, 1 VWA)t rl(1e9l4aJioa AlIf}tz-c-1 �u{ori C Date Here Insert Name and Title of the Officer personally appeared Per" I A Le Luo Ch Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. YVONNE MANNION WITNESS my hand and official seal. Notary Public -California San Diego County — Comrnlsslo� f 2201766 My Comm. Uioires jun 18.2021 Signature mint • ,U Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached C Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®2016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAn Di 05-1.2— On r. � ) On in Ll Ia.,-) before me, Vu*1A9 tMA��; i�a74A-��i(bl(6 Date Here Insert Name and Title of the Officer personally appeared (n A Ca pr t c e )3 1¢ 11 oC h Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. YVONNE MANNION Notary Public - California San Diego County Commission a nut ito My Comm. Expires run 19.10] I 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 ! "v A.,- — A_la^ :' -J Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached L Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" WATER EASEMENT AN EASEMENT FOR PUBLIC WATER FACILITIES OVER, UNDER ALONG AND ACROSS THE WESTERLY 40.00 FEET OF PARCEL NO. 2 OF PARCEL MAP NO. 4783, RECORDED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, IN THE STATE OF CALIFORNIA AS FILE NO. 76-171615, ON JUNE 04, 1976. SAID WESTERLY 40.00 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE THEREOF. DANIEL F. SPARKS, PLS 5514 LEGAL DESCRIPTION PREPARED BY ERB AND ASSOCIATES, LLC. DANIEL F SPARKS {� I NO. 5514 EXPIRES 09/30/18 EXHIBIT "B" WATER EASEMENT �3 / ERB- Gti SCALE i• =50' p�L �A p �Q O EXISTING 30' ROAD AND UTILITY EASEMENT PER DOC. NO. 230733 REC. 8-29-72, DOC. 80-378538 REC. 11-10-80 & DOC. 87-134952 REC. 3-16-87 ALL OF OFFICIAL RECORDS. PROPOSED 40.00' EASEMENT TO THE CITY OF POWAY FOR PUBLIC WATER FACILITIES. p,G o pP N / 1 � WIEL F. SPARKS, PLS 5514 DATE: 07/05/17 EXPIRES 9/30/18 / // � •� ,� � p P �Pp 50 52 10.00'EQUESTRIAN/PEDESTRIAN TRAIL EASEMENT DEDICATED ON PARCEL MAP 18229, RECD APRIL 06, 1999 AS DOC. 1999-0230148 10 EXISTING 40.00' PRIVATE ROAD EASEMENT, REC. 7-19-72 AS DOC. 186942 BOOK 1972 OF OFFICIAL RECORDS C/L OF EXISTING 10' WATERLINE EASEMENT REC. 9-4-68 AS F/P 152980 OF OFFICIAL RECORDS EXISTING 20.00' PRIVATE \ ROAD EASEMENT, REC. 10-08-68 AS DOC. 175445 \ BOOK 1968 OF OFFICIAL RECORDS N89'43'03'W 290.40' \�NO2.32'07•E 18.50' J �902•3 3 � ' 22W A I pA