Grant of Sewer Easement 2019-0130491RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 0275-820-23
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
DOC# 2019-0130491
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Apr 11, 2019 12:35 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
for
PAGES:6
SALAZAR INTER VIVOS TRUST 08-18-1994 (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: 0275-820-23
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 16) day of
2019.
OWNER: SALAZAR INTER VIVOS TRUST DATED AUGUST 18, 1994
By: Y,G-- )%= - Date:�i
Vienna M. Salazar, Trust under the Salazar Inter Vivos Trust dated August 18, 1994
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Alan Fenstermacher, City Attorney
�ALIIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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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 Febr a' 1 0 o 1cl_ before me, Yvonne Mannion Notary Public
Lyate Here Insert Name and Title of the Officer
personally appeared (2 /10101 S G ) A 20, t'
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(er whose nam( are
subscribed to the within instrument and acknowledged to me that he/Lh6Ahey executed the same in
his/0/their authorized capacity(k-*, and that by his/1Ser�itheir signature(s) on the instrument the persor4,
or the entity upon behalf of which the person(s) acted, executed the instrument.
yvONNE MANNION
Notary Public- California
€ San Diego County
Commission k 2201766
My Comm. Expires Jun 18, 2021
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 Wltla- A JOArtr'o d
((' VVI Signature of Notary Public
Place Notary Seal Above
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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: G (erN-
Document Date: al IA 61
Signer(s) Other Than Named Above:
Capacity(les) 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:
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Grant of Easement/ APN: 0275-820-23
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Sewer Easement
APN: 0275-820-23
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: �k Z 19 / / q from
Salazar Inter Vivos Trust dated August 18, 1994, (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: �D CITY OF POWAY
Seal: By: IrkKej
Obert J. Manis
Director of Development Serve s
EXHIBIT 'A'
SEWER LINE EASEMENT
LEGAL DESCRIPTION
APN: 0275-820-23
The southerly 20.00 feet the portion of lot 3 of silver saddle ranch, in the city of Poway, county of San
Diego, state of California, according to map thereof no. 7478, filed in the office of the county recorder of
San Diego County, on November 9, 1972. Together with that portion of lot 1 of Poway tract no. 91-1, in
the City of Poway, county of San Diego, state of California, according to map thereof no. 13562, filed in
the office of the County recorder of San Diego county, on April 15, 1998
The above described easement contains 5,298 square feet (0.121 acres) 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
f:
James Nicolau IV, PLS 9238
0275-820-23.doc■
2/7/2029
2/07/19
Date:
JAMES R.
NICOLAU IV
LS 9238