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Grant of Easement 2021-0063978RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2021-0063978 111111111111111111111111111111111111111111111111111111111111111111 1111111 Jan 27, 2021 01:46 PM 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: 321-370-08 GRANT OF EASEMENT Water The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) William S. Colburn and Julie N. Colburn (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. ESMT20-010 clq Grant of Easement / APN: 321-370-08 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 ! c2:124. day of eke-, 0 (r( , 2020. OWNER: William S. Colburn and Julie N. Colburn By: By: William S. Colburn, Owner e N. Colburn, Owner Date: 12,•. • Ties • ?AL o Date: /1-- (Signatures % (Signatures Must Be Notarized) /1 CALIFORNIA ALL® PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 iii` } } On {, l ,a before me, Ir`� A c,� 1,14✓jar r� (,'U ;"�`f (Here insert name and title of the officer) personally appeared ✓f Lu A(r, S , Co 1 Li l2 -f\_) jr; i I fV (67)-(, . , who proved to me on the basis of satisfactory evidence to be the persoA2Nhose nam O -t/ -, subscribed to the within instr..••-nt and acknowledged tome that executed tt same i - * author' ze4 capacit te, ), and that by hiS(h- eir signatu e4s .. n the instrument the perso which the person(.-sacted, executed the instrument. or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITLESS my hand and official seal. Notary Public Signature/ (Notary Public Seal) NU MARCO DE LA MORA COMM. # 2333502 mlp NOTARY PUBLIC -CALIFORNIA Ui SAN DIEGO COUNTY MY COMM. EXP. SEP. 17, 2024':' i ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIi BY THE SIGNER '• individual (l ❑ Corporate Officer (Title) ❑ _Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notcuy wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California nota law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /�) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges; re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. • Grant of Easement / APN: 321-370-08 Page 3 Approved as to Form: Office of the City Attorney iktA, Alan Fenstermacher, City Attorney Approved as to content: Me ody R , City Engineer Date: Date: /2/3/Zoz, Grant of Easement / APN: 321-370-08 Page 4 CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 321-370-08 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: .De114,\Aff l,oy r ck,2 from William S. Colburn and Julie N. Colburn, (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: //2-6 // Seal: CITY OF POWAY By: .A44 Ro )ert J. Mani Director of Development Se es EXHIBIT 'A' LEGAL DESCRIPTION: WATER EASEMENT APN 321-370-08 A PORTION OF LOT 8 OF MAP 10990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH ALONG THE WEST LINE, SOUTH 00°17'10" EAST, 269.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG WEST LINE, SOUTH 00°17'10" EAST, 20.00 FEET; THENCE LEAVING SAID WEST LINE NORTH 89°42'50" EAST, 15.00 FEET TO A POINT ON A LINE PARALLEL TO AND 15.00 FEET FROM SAID WEST LINE; THENCE PARALLEL TO SAID WEST LINE NORTH 00°17'10" WEST; 20.00 FEET; THENCE SOUTH 89°42'50" WEST, 15.00 FEET TO THE WEST LINE AND THE TRUE POINT OF BEGINNING. TOTAL AREA IS 300 SQUARE FEET, MORE OR LESS. AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 10990. PREPARED BY: WILLIAM-C./YEN, RCE 33730 0 N it w J 0 (J) EXHIBIT 'B' WATER EASEMENT PLAT APN 321-370-08 30' WATER 1 EASEMENT PER FILE N0.81 -257354 N 00°17'10''W 620.00' w N -P.O.C. L1 NS9. 66, _,APN 021-070-07 6-76 APN 321-070-00 LOTE3Or MAP 10000 WATER — EASEMENT 300 S.F. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 10990 sOFESS/ \PM C. NO 33730 0,-(/ .2? LINE DATA NO. BEARING LENGTH L1 N89°42'50"E 15.00' L2 N00' 17' 10'W 20.00' L3 N89'42'50"E 15.00' W01704