Loading...
Grant of Easement 2024-00321692/8/24, 9:40 AM Batch 16994927 Confirmation DOC# 2024-0032169 RECORDING REQUESTED BY: ) Illlllllllllll111111llllllllll111111111111111111lllllllll11111IN111l Feb 07, 2024 02:50 PM CITY OF POWAY ) OFFICIAL RECORDS JORDAN Z. MARKS, AND WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) CITY CLERK ) PAGES: 8 CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92074 (This space for Recorder's use only) APN: 314-194-34-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Naraghi Family Trust, dated August 20, 2005 (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), a perpetual easement over, under and across those portions of the lands described below for purposes of accessing stormwater facilities. GRANTEE, shall have the right, at any time and upon reasonable notice to GRANTOR, to enter upon any part of said area as may be necessary or convenient for such purposes. GRANTOR shall at all times maintain the PROPERTY so as to make the GRANTEE'S access clear and obstructed. 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. 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, 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. https://gs.secure-erds.com/Batch/Confirmation/I 6994927 1 /2 RECORDING REQUESTED BY CITY OF POWAY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 (This space for Recorder's use only) APN: 314-194-34-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Naraghi Family Trust, dated August 20, 2005 (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the CITY OF POWAY (hereinafter "GRANTEE"), a perpetual easement over, under and across those portions of the lands described below for purposes of accessing stormwater facilities. GRANTEE, shall have the right, at any time and upon reasonable notice to GRANTOR, to enter upon any part of said area as may be necessary or convenient for such purposes. GRANTOR shall at all times maintain the PROPERTY so as to make the GRANTEE'S access clear and obstructed. 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. 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, 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. Grant of Easement / APN 314-194-34-00 Page 2 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 ZU day of DeceVV,be ' , 2003. OWNER: Naraghi Family Trust, dat ugust 2 5 Y Kambozia S. Naraghi, Tr e By: Angela B. Naraghi, Trustee Date: /, /,-;, zo 2, 3 Date: J Z 12 o 12-0 -2 - (Signatures Must Be Notarized) ESMT22-0010 CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 12- Z6 - 76 before me, t1i6ica(insert name and title of the officer), personally appeared eA , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corregt.) WI Sig (Seal) *my R06ERT HARR Notary Public - California San Diego CountyCommission # 2458583 Comm. Expires Aug 21, 2027 CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 ► 3 �6 On 12- 7_0 -&2,3 before me, � fi k[C_(insert name and title of the officer), personally appeared _qK --tn-S� o�'ay=[Abl , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE Signatu (Seal) *my ROBERT HARR Notary Public -California5an Diego CountyCommission N 2458583 Comm. Expires Aug 21, 2027 Grant of Easement / APN 314-194-34-00 CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 314-194-34-00 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 5 of the attached document dated %a1aolaoa3 , from Naraghi Family Trust, dated August 20, 2005, to the City of Poway, 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: -V 2 CITY OF POWAY Seal: By: obert J. Pknis Department of Developm t Services ESMT22-0010 Grant of Easement / APN 314-194-34-00 Page 3 Approved as to Form: Office of the City Attorney Date:�' /�i z Alan Fenstermacher, City Attorney Approved as to Content: Date: Tracy B a h, City Engineer Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description 3. Exhibit B — Plat ESMT22-0010 EXHIBIT A LEGAL DESCRIPTION Access Easement A portion of Parcel 1 of Parcel Map No. 5717, in the City of Poway, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County, March 24t", 1977 described as follows: The northerly ten feet of said Parcel 1 excepting that portion contained in existing drainage easement recorded as document 77-102225 recorded March 215t, 1977 and excepting that portion contained in an existing irrevocable offer to dedicate real property for roadway purposes granted to the county of San Diego per document 77-092589 recorded March 14t", 1977 both in book 1977 of official records. Said parcel contains 1,085 square feet, more or less. This real property description is based on record information and a boundary survey was not performed. This real property description has been prepared by me, or under my direct supervision, in conformance with the Professional Land Surveyors Act. Signature: Brian D. Harp, P.L.S Date: 1112412023 %pl LAN' o * LS-8535 \lF or A!/ EASEMENT EXHIBIT B POR NW 1/4 NE 1/4 I SEC 12, T14S, R2W S 89°09' 12 "E 157.81 ' o N Of W PROPOSED ACCESS I I EASEMENT (1085 SQ Fr) f- I I z z Ln U ol I cn � ^, I G =-I PARCEL 1 O I PARCEL MAP 5717 c- 4 00 I N N OIL co I (P A B I I I ru I N 89°09' 12"W 164.29' N tC) z ` PAR 2, PM 5717 ` n Of z U U) BEARINGS AND DISTANCE SHOWN ARE BASED ON RECORD DATA CONTAINED ON PARCEL MAP 5717. A BOUNDARY SURVEY WAS NOT PERFORMED. 1 "=30' o�pl LANDD. EXISTING EASEMENTS �5 PN y�� o Q7 LS-8535 ��qTF C IRREVOCABLE OFFER TO DEDICATE 26' OROAD RIGHT OF WAY PER DOC. of o 77-092589 REC. 3/14/77 ©26' PRIVATE ROAD EASEMENT PER DOC, N0. 75-057383 REC. 3/14/75 of. CAL\ O� 23' DRAINAGE EASEMENT PER DOC 77-102225 REC. 3/21/77