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Sanitary Sewer Easement 2020-069667411/10/2020 Document -12754791 -Page -1 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2020-0696674 111111IIIIII1111111111IIIIII11111111111111111111111111111111111IIII Nov 06, 2020 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 6 (This space for Recorder's Use) AP N: 275-081-23-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) DAVID H. FURUKAWA AND NATCHI N. FURUKAWA, TRUSTEES OF THE FURUKAWA FAMILY TRUST DATED NOVEMBER 25, 1993 (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. 1/1 Grant of Easement / APN: 275-081-23-00 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 /�...' day of , 2020. OWNER: DAVID H. FURUKAWA AND NATCHI N. FURUKAWA, TRUSTEES OF THE FURUKAWA FAMILY TRUST DATED NOVEMBER 25, 1993 By: By: Date: /0 David H. Furukawa, Trustee of the Furukawa Family Trust dated November 25, 1993 Date:/J/ Natchi N. Furukawa, Trustee of the Furukawa Family Trust dated November 25, 1993 (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney 1✓ Alan Fenstermacher, City Attorney Date: OP 0( 2 cr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Ct Tcl%triklaWRI.!s� r ro olARIARr T• cue cs.mrAre","�e��• a.V,e5.4(Ta .4/40.1N.• Tc 1,46.;,r NiWrvtitic/ 1c65:e ca•_aYsie eV/T Sam • 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 On , `r( ;- dra before me, Date personally appeared Here y Insert Name and Title of the Officer Lt f%tt L. Namees Qf Siglieffs2 who proved to me on the basis of satisfactory evidence to be thgerson* whoe-name(s) i .are subscribed to the within instrument and acknowledged to me that,he/sFhe executed the same in his/he;:/their thorized. a ryes , and that by his/ter/ttieir ur on the instrument tk erso s , r or the entity upon behalf of which the,person(s) 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. PATRICIA 5.O'SULLIVAN Notary Public - California San Diego County Commissions 2231893 My Comm. Expires Mar 22, 2022 Place Notaty Seal Above WITNESS my hand and official seal. .4) Signature/ f) -N OPTIONAL GLA Signature of Notary Public 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 Docume Title or Type of Document: Document Date: / C Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name:A ).Cu,L.,,a, l zicztts 'i". i` ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual El Attorney in Fact ❑ rustee El Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name! ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑4ndividual ❑ Attorney in Fact ❑ trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L.Z�•✓.i�✓:V:��.`�...�✓.1'�::\�:�✓5�:v4V :V�.V��.�'✓. �:�4��-•''S��.�'✓:�6 L6`✓:�✓:VSA✓.:V:�:V:�4�✓:�✓:C✓�:'✓.1�✓.:�:�✓5v :�✓:�✓nL:�✓6�✓LC✓.: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Grant of Easement / APN: 275-081-23-00 Page 3 CERTIFICATE OF ACCEPTANCE Grant of Sewer Easement APN: 275-081-23-00 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: 10 / 15 / 2020 from David H. Furukawa and Natchi N. Furukawa, Trustees of the Furukawa Family Trust dated November 25, 1993, (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: /©/Z 3/W Seal: CITY OF POWAY By: Director of Development Se es EXHIBIT 'A' LEGAL DESCRIPTION 20' wide Sanitary Sewer Easement APN: 275-081-23-00 In the City of Poway, County of San Diego, State of California, being that portion of Parcel 35 of Record of Survey No. 4253, rec. 04/10/57 as file no. 53408 in the office of the county recorder of said county. A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described centerline: Commencing at the southeasterly corner of Parcel 35; thence NORTH 40°15'10" EAST 39.69 feet along the southeasterly line of said parcel to the True Point of Beginning; Thence leaving said parcel line NORTH 58°08'19" WEST 28.75 feet; Thence NORTH 62°25'53" WEST 81.70 feet to the northeasterly line of existing 20' wide easement for sewer lines and appurtenances, recorded 12/15/1980 as file no. 80-420790. The sidelines of said strip of land to be extended or shortened to terminate northwesterly at said existing 20' easement. Said easement, as described above, contains 2,166.03 sq. ft. or 0.05 acres. 01/10/20 Gregory A. Helmer L.S. 5134 Date PSOMAS 1 of 1 (/1�4. 51144 �+.1©F c141.0 PCL. 36 PCL. 8 20' UTILITY EASEMENT DOC. # 80-420790 REC. 12/15/1980 LEGEND PCL. 9 ( vv IILOW RUN READ PCL. 35 APN: 275-081-23-00 N62`25'53"W 81.70' 10.00' 20.00' N58'08'19"W 28.75' PCL. 10 P.O.C. INDICATES PROPOSED SANITARY SEWER EASEMENT 2,166.03 SQ. FT. OR 0.05 ACRE ± CENTERLINE EXISTING EASEMENT P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING PCL PARCEL 0' 25' 50' SCALE: 1"=50' T.P.O.B. N40'15'10"E 39.69' NN THIS EXHIBIT WAS PREPARED UNDER MY DIRECTION: GREGORY A. H LMER 01/10/20 DATE PCL. 34 LAND GREGORY A. HELMER APN: 275-081-23-00 SHEET 1 OF 1 SCALE 1• - 50' EXHIBIT "B" SANITARY SEWER EASEMENT PSOMAS 401 8 STREET, SUITE 1600 SAN DIEGO, CA 92101 619.961,2820 WWW.PSOMAS.COM DRANK: SCB CNECKED: GAN DAIS 01-01-20 JCB NU1488: 5P0N010302