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Grant of Easement 2021-0063980RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2021-0063980 IEEE! 111111111111111111111111111111111111111111111111111111111II 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: 275-081-22-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) BRIAN EDMONSTON AND ISABEL STAULO, HUSBAND AND WIFE AS COMMUNITY PROPERTY (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 below ground pipeline, and below ground 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, subject to the terms and conditions contained herein, 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. GRANTEE agrees that this Easement does not include the right to construct or maintain a permanent above -ground pipeline. 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. GRANTOR shall be allowed to place fencing over easement in accordance with existing fencing and Grantee shall replace the existing fencing should it be damaged or removed as a result of work done on pipeline. Notwithstanding the foregoing, GRANTOR may maintain the fencing existing in the easement area as of the date of this easement, provided GRANTEE is provided with access through any gate. Any fencing that is damaged or removed as a result of GRANTEE's activities pursuant to this easement shall be replaced in substantially the same condition and location as existed prior to GRANTEE's activities. Grant of Easement / APN: 275-081-22-00 Page 2 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. 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, changing the location of facilities within the boundaries of the easement right-of-way, or modifying the size of improvements as it may determine in its sole reasonable 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. GRANTEE shall indemnify and defend GRANTOR and his successors and assigned against any and all claims arising out of GRANTEE's use or exercise of the easement granted herein, including any claims arising from employees, agents or contractors used by GRANTEE engaged in activities related to the easement or its use. 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. 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 Je t , 2b£Q. O OWNER: BRIAN EDMONSTON AND ISABEL STAULO, HUSBAND AND AS OMM NITY PROPERTY r By: By: rian Edmonston Isabel Staulo Date: i9 Date: (Signature Must Be Notarized) day of Grant of Easement / APN: 275-081-22-00 Page 3 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 Califomia County of Y,ff�l£ll t On ' before me, �� ,l r 1 �r ��-I J NOirQj h� j c Date Here Insert Name and Title o e Officer personally appeared C i GGx CO P1 U '1 Ord, Name jf Signer& who proved to me on the basis of satisfactory evidence to be the perso whose narn0-is/,.0, subscribed to the within instrument and acknowledged to me that he/s#e/th executed the same in hisfher/tlauthorized capacity@, and that by4isher/t signatureaon the instrument the persong), or the enti y upon behalf of which the persons} acted, executed the instrument. S, CARNAROLI Notary Public -California San Diego County Commission; 2201437 Comm. Expires Jun 16, 2021 Place Notary Seal Above 1 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 s al Signature ,i"Aa_-e Signature of Notary Public OPTIONAL 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: 'e, e.`�. er.. ei.y'�ia::'a� ei,,ar'ys'e�� �"'_.A✓'!4 '✓qhs. e,,ei,. ✓ : '-�: en. ✓ ✓qe,.. e, d. ar, a: ei- ee a, .y, ei,. ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 'A' LEGAL DESCRIPTION 20' wide Sanitary Sewer Easement APN: 275-081-22-00 In the City of Poway, County of San Diego, State of California, being that portion of Parcel 34 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 most westerly corner of Parcel 34; thence NORTH 40°15'10" EAST 39.69 feet along the northwesterly line of said parcel to the True Point of Beginning; Thence leaving said parcel line SOUTH 58°08'19" EAST 64.73 feet; Thence SOUTH 31°57'51" EAST 78.36 feet; thence SOUTH 27°46' 11" EAST 5.21 feet to the northeasterly line of existing 20' wide easement for sewer lines and appurtenances, recorded 12/15/1980 as file no. 80-420789. The sidelines of said strip of land to be extended or shortened to terminate southeasterly at said existing 20' easement. Excepting any portion lying within Parcel 33 of said Record of Survey. Said easement, as described above, contains 2,950.68 sq. ft. or 0.07 acres. 02/12/20 Gregory A. Helmer L.S. 5134 Date PSOMAS 1 of 1 T.P.O.B. N40 -15'1 0"E 39.69' PCL. 35 S5808'19"E 64.73' PCL. 34 APN: 275-081-22-00 P.O.C. PCL. 10 LEGEND 20.00' 10.00' S31'57'51"E 78.36' 20' UTILITY EASEMENT DOC. # 80-420789 REC. 12/15/1980 S27°46'11"E 5.21' PCL, 11 INDICATES PROPOSED SANITARY SEWER EASEMENT 2,950.68 SQ. FT. OR 0.07 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' THIS EXHIBIT WAS PREPARED UNDER MY DIRECTION: GREGORY A. HELMER 01/10/20 DATE WILLOW RUN ROAD PCL. 33 APN: 275-081-22-00 SHEET 1 OF 1 EXHIBIT "B" SANITARY SEWER EASEMENT PSOMAS 401 B STREET, SUITE 1600 SAN DIEGO, CA 92101 619.961.2820 WWW.PSOMAS.COM SCALE: 1. = 50' DRAM: SC8 MIXED: GAH DATE: 01-01-20 JOB WADER 5POW010302 Grant of Easement / APN: 275-081-22-00 Page 4 CERTIFICATE OF ACCEPTANCE Grant of Storm Drain Easement APN: 275-081-22-00 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: 1 /R/ _O).1 from Brian Edmonston and Isabel Staulo, husband and wife as community property, (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: i/W/0r Seal: CITY OF POWAY By: IT.ert J. Man's/ Director of Development Services