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
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