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