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Grant of Easement 2020-0470027RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2020-0470027 1111111 III1111111111111111111111IIIII IIIA IIIA III11 IIIA Bill 11111111 Aug 20, 2020 09:22 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 7 (This space for Recorder's Use) APN: 314-230-67 GRANT OF EASEMENT Sewer The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Renald J. Puertollano and Patrice J. Puertollano (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. Grant of Easement / APN: 314-230-67 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. 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 :=1'1/ day of , 2020. OWNERS: Renald J. Puertollano and Patrice J. Puertollano Renald PUuertollano, Owner s � P rice J. Puert9116o, Owner c; - By: By: Date: 172-1 Date: 71.14--/ , 2eJ C (Signatures Must Be Notarized) CALIFORNIA 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 -r 9-ao On Date personalty appeared before me, li> .ti c s) ofSign r(Q sj Here ert Nome mokt./ dTtle of the Officer e_e ct• ue 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. JANA DEE MILLER P Notary Public - California g San Diego County i Commission # 2186633 = 21 Comm. Expires Apr 1_1.20,21 WITN- nd an. -fficial seal. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal and/or Stamp Above Signature OPTIONAL Signature of Notary Public 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 Docume t: Document Date: 7 0 r /o7-00,2_(-) Signer(s) Other Than Named Above - Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attomey in Fact ❑ Trustee o Guardian or Conservator 0 Other. Signer is Representing: Signer's Name: o Corporate Officer — TItIe(s): o Partner — 0 Limited 0 General o Individual ❑ Attomey in Fact ❑ Trustee 0 Guardian or Conservator o Other. Signer is Representing: • ©2018 National Notary Association Grant of Easement / APN: 314-230-67 Page 3 Approved as to Form: Office of the City Attorney,? s( t/ /I„ Alan Fenstermacher, City Attorney Y Approved as to content: r Melody Ro o, City Engineer Date: Date: 7Y7 d 9,5 gOe CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 314-230-67 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 1 , from Renald J. Puertollano and Patrice J. Puertollano, (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: 51/40A6 CITY OF POWAY Seal: Bv• Lr''n.anrur,J 1»F° obert J. Manis Director of Development Se ""es EXHIBIT "A' SEWER EASEMENT 13880 YORK AVENUE, POWAY, CA 92064 APN: 314-230-67-00 LEGAL DESCRIPTION The land to be dedicated to the City of Poway for a Sewer Easement is herein referred to as the northerly ten feet of Parcel B of the Boundary Adjustment 04-01 in the City of Poway in compliance with Subdivision Map Act and with the City of Poway Subdivision Ordinance, filed in the office of the County Recorder of San Diego County, State of California, September 15, 2004 as File No. 2004-0879807 of Official Records. All shown on the plat attached hereto and made part thereof. Prepared by: Romulo F. Puertollano RCE No. 27246 Date : JUNE 5 , 2.0 7.0 a F ESS/0Nq O C E2 o . .I'1O, ?7246 LO: 4 EXP.3-31-Z1 , 1��w RATTLESNAKE CREEK EXHIBIT °®B'® SEWER EASEMENT 13880 York Ave., Poway, CA 92064 APN: 314-230-67 EXISTING 10'SEWER EASEMENT Doc. 61-29922, Rec. Feb. 20, 1961 N89°54'54"Ef43.47'— '%fes/%�/ Z0 0 c N we i0 If) (0 0 0 ZI EXISTING 40' PRIVATE ROAD EASEMENT Doc. 73-343886, Rec. Dec. 13, 1973 4.78 N01 °15'07"E 10' SEWER EASEMENT 12.4 N89°08'04"E APN: 314-230-67-00 PARCEL B of Boundary Adjustment BA 04-01 88.10' —S S88°15'11"E O 0 N88°15'11"W 1 1 CV T PARCEL A APN: 314-230-66-00 APN: 314-230-57-00 Prepared: February 4, 2016 by: ROMULO F. PUERTOLLANO RCE No. 27246 COMMUNITY RD. E DGEMOOR YORK AVE. SITE MIDLAND ROAD VICINITY MAP