Grant of Easement 2018-0418816RECORDING REQUESTED BY:
City of Poway
AND WHEN RECORDED
MAIL TO:
City Clerk
City of Poway
PO Box 789
Poway, CA 92074-0789
Grant of Easement
(Please fill in documenttitle(s) on this line)
DOC# 2018-0418816
111111 IIIII IIIII IIIA IIII 11111111111 IIIII VIII VIII VIII VIII IIII IIII
Oct 09, 2018 11:57 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 7
1 ❑ 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 ❑ 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, document is recorded in connection with concurrent transfer that is a
residential dwelling to an owner -occupier, or,
6 ❑ 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)
7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county,
municipalityor other political subdivision of the state, or,
8 ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or,
9 Z Exempt from fee under GC27388.1 for the following reasons:
Grant of Easement to the City
THIS PAG E ADDE D TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION
(Additional recording fee applies)
Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
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
I_1��IFi4�kiEril
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
POWAY UNIFIED SCHOOL DISTRICT (hereinafter "GRANTOR"), for good and adequate
consideration, 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 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 additional compensation
therefor.
The real property encompassing this easement area is situated in the City of Poway, 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 HEREOF)
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 area 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 within any portion
of the easement area.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement
area. 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 area, 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 the
easement area or otherwise burdening or affecting this easement without obtaining the prior written
consent of GRANTEE.
GRANTEE may at any time increase its use of the easement and the resulting burden on the servient
Grant of Easement/ APN: 275-331-01
Page 2
tenement, 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
existing ground elevations of the above-described easement area 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 17 day of
September 2018.
OWNER: PLWAY—UNIFIED SCHOOL DISTRICT
M
Date: 0Y /I- h v
Support Se ices
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
(1& LiaV't Date:
AlatYFenstermacher, City Attorney
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 Diego )
On September 17, 2018 before me, Lori Ann Hath. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rbn Little
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(e) whose names} is/are-
subscribed to the within instrument and acknowledged to me that hefekeA#iey executed the same in
hisA%mV# eir authorized capacity(0, and that by hisll"0heir signature(e) on the instrument the person(a),
or the entity upon behalf of which the person* acted, executed the instrument.
---------------------
LORI ANN HATH
Commlalon N 2108106
e is Notary Public -California i
San Diego County
M Comm. Ex Iran May 8, 2019
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 a d official seal.
1,
14
Signature �� / r!� GL
Signat# 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 DoWant of Easement
Title or Type of Document:
Document Date: September 17, 2018
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
No other s
APN : 275-331-01
Number of Pages: 2
Signer's Name: Ron Little Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
LXOther: Associate Supt., BSS - PUSD ❑ Other:
VSigner Is Representing Signer Is Representing:
Powav Unified School District
02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Grant of Easement/ APN: 275-331-01
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Sewer Easement
APN: 275-331-01
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: 9 /17/ + 6 from
Poway Unified School District, (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: 9 CITY OF POWAY
Seal: By: 14,�/
obert J. Mads
Director of Development Se 'e/es
EXHIBIT `A'
SEWER LINE EASEMENT
LEGAL DESCRIPTION
APN: 275-331-01
A strip of land 20 feet wide lying 10 feet on each side of the following described centerline:
Beginning at the Southwest corner of lot 138 as shown on Subdivision Map number 4586, Green
Valley Estates No. 11, as recorded in the County of San Diego, State of California on July 13Th
1969; Thence Northerly along the Westerly line of lot 138 said line also being the subdivision
boundary of Green Valley Estates Unit No. 1, North 0°18'41" West 15.24 feet to the True Point
of Beginning; Thence leaving said Subdivision Boundary line North 37°34'59" East 63.90 feet;
Thence North 89035'08" East 219.55 feet to the Westerly Right of Way line of Martincoit Road,
said point also being the Point of Termination.
The sidelines of said strip should be prolonged or shortened to begin and end at the property line.
The above described parcel contains 5,668 square feet (0.13 acre) more or less.
See Exhibit `B' attached hereto and made a part hereof.
This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
James R. Nicolau IV, PLS 9238
C:\Users\iamesmic.I.0\Oe,k .,\SPO W.Easement\0586102-00 Le,Ad.el
07/12/18
Date:
JAMES R.
NICOLAU IV
LS 9238
0'18'41' W 15.24
T. P.O. B
0
N37'34'59"E 163.90
LOT 7'
>\i1AP 3 ^f -5)
130.00'
10'
I
IZ
loo
co
Icn
WESTERLY BOUNDARY LINE OF
GREEN VALLEY ESTATES NO. 11
10'
LOT 138
MAP 4586
APN: 275-331-01
P.O.T J
MARTINCOIT RD.
THIS EXHIBIT WAS PREPARED
UNDER MY DIRECTION:
07/12/18
JAMES R. NICOLAU N DATE
/0
jzd r y�o
lcly0r�o
—Z�
0, 25' 50'
- - SCALE: 1'=50'
LEGEND
O INDICATES PROPOSED SEWER
LINE EASEMENT 5,668 SQ. FT.
(0.13 ACRE) MORE OR LESS
- - - INDICATES CENTERLINE
T.P.O.B TRUE POINT OF BEGINNING
P.O.B POINT OF BEGINNING
P.O.T POINT OF TERMINATION