Loading...
Grant of Sewer Easement 2019-0130490RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 APN: 0275-820-15 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# 2019-0130490 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII Apr 11, 2019 12:35 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) )ace for Recorder's Use PAGES:8 STEPHEN M. NEAL AND JODEE NEAL, HUSBAND AND WIFE, AS JOINT TENANTS (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 "EASEMENT"). 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. Grant of Easement / APN: 0275-820-15 Page 2 GRANTEE may at any time increase its use of the EASEMENT and the resulting burden on the servient 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. By executing this grant of the EASEMENT, GRANTOR further agrees to clear the EASEMENT area of the 14 trees that exist therein as of the of date of this grant of EASEMENT (the "TREES"). In consideration for this EASEMENT and the covenants therein, GRANTEE agrees to reimburse GRANTOR for up to half of the costs of clearing these TREES, up to an amount not to exceed four thousand one hundred and 12 dollars and fifty cents ($4,112.50). GRANTEE shall have no obligation to provide the forgoing funds to the GRANTOR until after all the work is completed and a copy of the relevant invoice is provided to the City. GRANTOR and GRANTEE further agree and covenant that this EASEMENT represents the final resolution of any disputes regarding or relating to the TREES in any way, and GRANTOR hereby release, relinquish, and discharge GRANTEE from any and all past, present, or future claims, demands, obligations, or causes of action for compensatory or punitive damages, costs, losses, expenses, and compensation, whether based on tort, contract, or other theories of recovery, which GRANTOR have or which may later accrue to or be acquired by GRANTOR against GRANTE and arising from the removal of the TREES, including any unknown claims. GRANTOR hereby waives application of Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." GRANTOR expressly warrants and represents that GRANTOR has the power to grant this EASEMENT in accordance with its terms, and has had an opportunity to obtain legal advice from the attorney of GRANTOR's choice, and that the terms of this EASEMENT have been read and that they fully understand the terms of this EASEMENT. Grant of Easement / APN: 0275-820-15 Page 3 IN WITNESS WHEREOF, the GRANTOR has executed this Easement this Z�I day of MLVC�' 12019. GRANTOR:STEPHEN M. NEAL AND JODEE NEAL, HUSBAND AND WIFE, AS JOINT TENANTS By: I= //,7 / Step en M. Neal Jod Date: 3 2q- I Ci Date: `�' 1 q GRANTEE: CITY OF POWAY (� By: �� �/ Date: City Manager (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney Date: Alan Fenstermacher, 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 April 4, 2019 before me, Carol S. Legg, Notary Public, personally appeared Tina White, who proved to me on the basis of satisfactory evidence to be the persons) whose named 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 kris/her/their signatures} on the instrument the person{s), or the entity upon behalf of which the persons) 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. WITNESS my hand and official seal. CAROL S. LEGG Commlaslon N 2105416 Z Notary Public - California s /� n = San Diago County 0— RCVS M Comm. Ex Tres A r 28, 2019' Carol S. LeggNotary u lic , OPTIONAL Title or type of document: Grant of Easement, APN 0275-820-15 Document Date: 3/29/2019 Number of Pages: three (3) Signers Other Than Named Above: Stephen M. Neal and Jodee Neal 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 f0A2r h01,1 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s) of who proved to me on the basis of satisfactory evidence to be the person whose namew is/0 subscribe to the within instrument and acknowledged to me that he/she/19 executed the same in his/her/ e' authorized capacity es ,and that by his/her/ F e.> signature(9) on the instrument the person @, or the en Ity upon behalf of which the person(9) acted, executed the instrument. ., YVONNE MANNION Notary Public - California - San Diego County Commission 0 2201766 My Comm. Expires Jun 18,2021 y 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 A (tae ....i Signature of Notary Public 1012116]IIG►4 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 fa,_nt- o+ E as ernel,t Document Date: rflarct t .24 2ot'A Number of Pages: 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: 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.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CERTIFICATE OF ACCEPTANCE Grant of Sewer Easement APN: 0275-820-15 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: 3/ a q / I q from Stephen M. Neal and Jodee Neal, husband and wife, as joint tenants, (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: CITY OF POWAY Seal: By: 1401�d- /C& Bert J. Ma is Director of Development Se ces EXHIBIT 'A' SEWER LINE EASEMENT LEGAL DESCRIPTION APN: 0275-820-15 The southerly 20.00 feet the 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 November 15, 1998 The above described easement contains 7,897 square feet (0.181 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 Nicolau IV, PLS 9238 ons-azo-rs.doc. 2/7/2019 2/07/19 Date: JAMES R. NICOLAU IV LS 9238 2 | ;w;® � f ;a 0a OZ %E @ E T § 0i @�■ a �■� §k§ �uT � M[ §§� cc 2■®2) -/ /2k w § � Q �\K B� �B 4 e. § § CK ! §% k k ©�` � §§s �■— » \ z�