Grant of Water Easement 2018-0304773RECORDING REQUESTED BY:
City of Poway
AND WHEN RECORDED
MAIL TO:
City Clerk
City of Poway
PO Box 789
Poway, CA 92074-0789
DOC# 2018-0304773
III (I VIII VIII III IIII VIII VIII VIII VIII VIII I III I III
Jul 26, 2018 12:02 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
Grant of Water Easement
(Please fill in document title(s) on this line)
PAGES:7
1 E] Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 F] Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on
(date) as document number of Official
Records, or,
3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on (date) as document number(s)
of Official Records, or
5 [-] Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to
an owner -occupier, or,
6 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is a residential dwelling to an owner -occupier, or,
7 F] Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner -occupier. The recorded document transferring
the dwelling to the owner -occupier was recorded on (date) as
document number(s)
or,
8 ❑ Exempt from the fee per GC 27388.1(a) (1); Not related to real property, or,
9 ❑✓ Exempt from fee under GC27388.1 for the following reasons:
Grant of Water Easement to the City
THIS PAGE ADDEDTO PROVIDE SENATEBILL2 E(EIVFnON INFORMATION
(Additional record ingfee applies)
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
for Recorder's
APN: 317-200-26-00
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R R T Code 11922
(Conveyance to a Government Agency)
The DKK Family Trust, dated March 21, 2004, (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: 317-200-26-00
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.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this /2 day of
JJL� 2018.
OWNER: DKK FAMILY TRUST, dated March 21, 2004
By: Date: -7
Donald L. Knox
Its: Trustee
By: eg&Nt-c-, Date:
Katherine J. Knox
Its: Trustee
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
7 - 12- -iF
N�� Date: ! (�
Alan B. Fenstermacher, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 Diego )
On , )t.LLI )a iZal$ before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared UOn ct l D) L. k r1 o v and %w th e r' n.e � � n p)(
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persorftwhose nam (s is/®
subscribe) the within instrument and acknowledged to me that he/she/cLup executed the same In
his/her/itelr.Authorlzecl capacity(ies), and that by his/her/ eir ignature(;;)�Dn the instrument the persol ss
or the entl y upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
Notary Public - California
San Diego County f
Commission a 2201766
My Comm. Expires Jun 18, 2021
Place Notary Seal Above
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 AJ..;")
<.%
LASignature of Notary Public
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 Document
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:
O .r eT .. . L .a .. .. :aa • :aa �•a
Grant of Water Easement / APN: 317-200-26-00
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 317-200-26-00
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: -1 I /J- I.2o IV
from DKK 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: - 2s - i 0
CITY OF POWAY
Seal: By:
EXHIBIT `A'
LEGAL DESCRIPTION: WATERLINE EASEMENT
APN 317-200-26
A PORTION OF PARCEL A OF PARCEL MAP 13724, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE
ALONG THE EASTERLY LINE OF SAID PARCEL A NORTH 35021'30" WEST,
15.00 FEET TO THE TRUE POINT OF BEGINNING, POINT BEING THE MOST
SOUTHERLY CORNER OF THAT LAND GRANTED TO JAMES LINDSAY AND
KARIN LINDSAY ACCORDING TO DOCUMENT NO. 2000-0050810 IN THE
COUNTY OF SAN DIEGO, RECORDED JANUARY 31,2000; THENCE LEAVING
SAID POINT AND CONTINUING ALONG THE EASTERLY LINE OF SAID
PARCEL A NORTH 35°21'30" WEST, 39.51 FEET; THENCE LEAVING SAID
EASTERLY LINE SOUTH 54038'30" WEST, 20.00 FEET TO A POINT ON A LINE
PARALLEL TO AND 20.00 FEET FROM SAID EASTERLY LINE; THENCE SOUTH
35°21'30" EAST; 39.08 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
PARCEL. A; THENCE LEAVING SAID SOUTHERLY LINE NORTH 55°51'50"
EAST, 20.00 FEETTO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 786 SQUARE FEET, MORE OR LESS.
AS MORE PARTICULARLY SHOWN ON EXHIBIT'B' ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON ROS 12031.
PREPARED BY:
WILLIAM C. YEN CE 33730
I P,m C. y <\
NO 33730 m
A
CIVIL
qT6 OF CAO�
%m
PCL A Jr
P1\il 13/24
C, y
NO 33730
EXHIBIT'B'
WATER LINE EASEMENT PLAT
APN 317-200-26
APN '317 -200 --lo"
`10
T. P.O. B
WATER LINE v`
EASEMENT -
786 S.F.
9
O�
S87'42'51 "E 169.32'
SUNWOOD TRAIL
APIN 317-732-18
EXISTING EASEMENTS
DD#1 EQUESTRIAN TRAIL AND INCIDENTAL PURPOSES, PER INSTRUMENT
NO. 86-165952, OF OFFICIAL RECORDS, REC. 04-29-1986.
DD#2 SEWER LINE AND INCIDENTAL PURPOSES, PER INSTRUMENT NO.
1991-333612, OF OFFICIAL RECORDS, REC. 07-08-1991.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED
ON RECORD DATA ON ROS NO 12031 W01627