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Grant of Easement 2021-0853240RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2021-0853240 1111IIIIIIIIIIIIIIIIIIIII11111IIII1111111I11I11111III Dec 17, 2021 04:59 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: 323-280-29 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) ARTHUR S. HAIMES, (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 sewer and water pipelines, and appurtenances thereto, at such locations and elevations, upon, along, over and under the land 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. 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 Grant of Easement / APN: 323-280-29 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 C. day of d/ li , 2020. OWNER: ARTHUR S. HAIMES Date: (Signature Must Be Notarized) 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 California County of San Diego On January 6, 2020 before me, Date personally appeared Yvonne Mannion Notary Public Here Insert Name and Title of the Officer Arthur S. Haimes Name(s) of Signer(s) 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. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above I 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 seal. Signature OPTIONAL titYl- klayv,t, dn� 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 Document Title or Type of Document: Grant of Easement APN: 323-280-29 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Grant of Easement / APN: 323-280-29 APPROVED AS TO FORM: Office of the City Attorney Date: Alan Fenstermacher, City Attorney APPROVED AS TO CONTENT: Date: Mel dy City Engineer Grant of Easement / APN: 323-280-29 CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 323-280-29 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: L ;N, 1,; ., o from ARTHUR S. HAIMES, (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/ / Seal: CITY OF POWAY By: ob,rt J. Maths Director of Development Service EXHIBIT A LEGAL DESCRIPTION: AN EASEMENT FOR UTILITIES OVER A STRIP OF LAND 40 FEET WIDE, LYING 40 FEET WEST OF THE EAST LINE OF PARCEL 2 PER PARCEL MAP No. 5493, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 20, 1977 AS FILE NO. 77-023652 OF OFFICIAL RECORDS, BEING A DIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. THE ABOVE DESCRIBED PARCEL CONTAINS 0.29 ACRES, MORE OR LESS. THIS LAND DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, IN ACCORDANCE WITH THE CALIFORNIA PROFESSIONAL LAND SURVEYOR'S ACT. V2-12-19 DAVID BELTRAN, PLS 8482 DATE Dynamic CONSULTING ENGINEERS CIVIL B'I'I\6 - LAW a,RvEYII\6 - CO'E IR,GG11O MANAGEMENT 2415 IMPERIAL BUSINESS PARK DRIVE, SUITE B IMPERIAL, GA. q2251 TEL. (lb0) 545-OI62 FAX (760) 545-0163 www.dynomIcconsultIngenglneers.com APN:• 323-280-29 UTILITIES EASEMENT CITY OF POWAY DATE: 12/12/2019 DCE No.:160217 SHEET 1 OF 1 EXHIBIT B NE //4 OF SW 1/4 SEC /8 N 00°43'30" W S89°29'22"E A 284.77' POR. APN: 323-270-60 649.55' 324.78' APN: 323-280-06 PAR 1 PM 5493 APN: 323-280-28 2 S\I\J is PAR 2 PM 5493 APN: 323-280-29 APN: 323-280-27 PAR 3 PM 4046 APN: 323-280-24 277.19' Iz IW I- O EASEMENT AREA APN: 323-280-39 e\ I Z \B Se \I S ' APN: 323-280-40 40.0' APN: 323-280-09 APN: 323-280-10 APN: 323-280-25 APN: 323-280-13 317.19' Co co NE COR OF SE1/4 OF SW1/4 SECTION 18 NOTE: DIMENSIONS SHOWN HEREON ARE RECORD PER PARCEL MAP NO. 4046 M114 SEf r. �S SG� N 00°04'00" W �S1/4 COR. SECTION 18 N89°43'30"W 634.38' Dynamic CONSULTING ENGINEERS GIML 8\6- SRvE11h6 - CG51RUGN 2415 IMPERIAL BUSINESS PARK DRIVE, SUITE B IMPERIAL, GA. c12251 TEL. (760) 545-0162 FAX (ib0) 545-0163 www.dynamIcconsu 1 t ingeng Ineers.com APN: 323-280-29 UTILITIES EASEMENT CITY OF POWAY DATE: 12/12/2019 DCE No,: 160217 SHEET i OF 1 NOT TO SCALE