Grant of Easement Sewer Lines & Appurtenances 2005-0961036
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REGORDiNG REQUESTED BY' DOC# 2005-09610:3tl
CITY OF Po\YAY I 1111111 1111 11111 lilll 11111 11111 1111111111 11111 1111111111 11111111 11111
AND WHEN RECORDED MAIL TO:
NOV 04. 2005 10'18 AM
CITY CLERK UFFICI.":,,L REU:IF:[I~:,
-LLlJ~ [IIEC;O CDi Ir,n"1 F:EU:IHliER"_, UFFII_E
CITY OF POWAY GFiEi:,iIJF:'1 .1 ':;~,.'11 TH cnllrH'1 F:EI~(lF:['EFj
r PO. BOX 789 FEE', III II)
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r POW AY, CA 92074 PI.:.,CiE':, b
u~ No transfer tax due I~MOO~IOOOOOOIOOOOIOOOOml
~ ~ Tax Parcel No. 314-242-18 2005"0961036
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GRANT OF EASEMENT
SEWER PIPELINES AND APPURTENANCES
NO DOCUMENTARY TRANSFER TAX DUE
Frank J.. Spitzer and Connie S. Spitzer, Trustees
(hereinafter "GRANTOR") hereby grants to CITY OF POW A Y (hereinafter "GRANTEE") its successors,
or assigns, the. folloWing described. easement for a right-of-way in, upon, over, under and across the lands
described in Exhibit "A" and as depicted in Exhibit "B," to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline or pipelines:for any and all purposes, together with such fixtures and
appurtenances, at such locations and elevations, upon, along, over'and under the right-of-way described
below at GRANTEE may now or hereafter determine in its sole discretion without any additional
compensation therefore, 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
thercfore.
The landencot11passing this easement is situated in the City of Po way, County of San Diego, State of
California, and is more particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED AND HEREBY MADE A PART OF
GRANTOR agre.es that no other easement or casements shall be granted on, under, or over this easement
Without obtaining,the'phorwrittenconsent of GRANTEE.
GRANTEE may at anytime increase itsusc of the easement, change the location of pipelines, or other
facilities within the bouitdaries of the easement right-of-way, or modifY the size ofexisting pipelines or other
improvements as it may determine in its sole discretion from time ~o tinle without paying any additional
compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not
expand its usc oftheea<;ement 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,decr~ase or permit to be increased or decreascd thc existing ground elevations of
the above describedeaselllent which;exists at the time this document is executed without obtaining the prior
written consent of the GRANTEE.
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In the evcnt of any disputc involving this Agrccment, whcthcr or not litigation is commcnccd, or if W1Y
arbitration proceeding, administrative proceeding or litigation in law or in equity, including an action for
declaratory rclief, is brought to enforce or intcrpret the provisions or performance of this easement, the
prevailing party shall be entitled to an award of all attorncy's fees and the costs of the proceeding, which shall
be determined by the court or the presiding ollicer having authority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the powcr to grant this easemcnt in
accordancc with its tcrms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easemcnt this / j>//, day of Vd-.
2005
Spitzer Family Trust Dated 01/20/2005
/Tp
(Signatures must be notarized. Notary form Attachcd.)
SEE ATTACHED
CALIFORNIA ALL PURPOSE
ACKNOWLEDGEMENT
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· · 7486
CALIFORNIA ALL.PURPOSE .ACKNOWLEDGMENT
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,. State of r:;.A I
, Countyot .~c.f<J O;t;SGO I
On ("3 ~C"( .2c>o:5 before me. StePhen I. Biennan, Notary PubDc ~
, perSOnallyappeare:" P,1f1.J1? .J S~.Cf2,,~"m'1'.:r~o"'';;.'::,~;;;;;'o''~'''''5,,1.rTc~ ~
N;mJe/S)DISigner(s) ~
J - - - - - - - - - - - - J 0 personally known to me ~
. mPHEN I. BIERMAN Jl(-Pf5ved to me on the basis of satisfactory evidence I.!
_ . . CommINlon # 1603808
J. ~ =~omIa ~ to be the person(s) whose name(s)JsIl:ire subscribed to the
MvComm.ExpiI8sSep23. within instrument and acknowledged to me that he4;Relthey
- - - _ _ - _ _ _ _ _ ~ executed the same in RilolAef/their authorized capacity(les).
and that by WsIhQrttheir signature(s) on the instrument the
person(s). or the entity upon behalf of which the person(s)
aCfed, executed the instrument.
, WITNESS my hand and official seal.
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OPTIONAL
Though 'the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fOnTI,to another document.
Description of Attached Document
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Title or Type of Document: 6-.t....4-..v,l c/ ~ r A-<; Lf,Pl ~{.
Document Date: -! '3 0 c.. '7 :2- 00 5 Number of Pages: ::z-.
Signer(s) Other Than Named Above: -----
Capacity(ies) Claimed by Signer(s)
Signer's Name: F -'211J.</.V( J. CJ,o;:::7Z /J(' Signer's Name: CtJJ<l.v7J; 5 5,orT2vPC..
'0 Iiidividual 0 Individual
o Corporale Officer 0 Corporate Officer
Titl~(s): Title(s):
o Partner - n Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
qsqTrustee ~rustee
o Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other'
Signer Is Representing: Signer Is Representing: ,
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o I~!,!allorial NotafyAisocia~.6236R~rI1.metAve.. P,O.80x711W. Canoga Park. CA91309-7184 Prod. No. 5907 Roorcffir; Can lOU-Free \-SQ0-87IHi827
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7487
APN: 314-242-18
EXHIBIT A
THE NORTH 30,00 FEET OF THE EAST 132.00 FEET OF THE WEST 198.00 FEET
OF THE EAST 2 ACRES OF THE SOUTH 5 ACRES OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE
2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF
ames 0 Nowlan, PLS 4620
Spitzer
05-41B
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EXHIBIT B SHEET 1 OF 1
7488
CITY OF Po WAY
DEDICATION PLAT
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CD SE 1/4 SE 1/4 SECTION 12
0 T 14 S R 2 W S8M
a:
N 88'51'30' \I 264.06'
JANNETIE
LANE
~ I E 132 FT OF W 198 FT OF EAST 2 ~ I E 132 FT OF W 330 FT OF EAST 2 ~ I
E I Ae OF THE SOUTH 6 Ae OF SE1/4 ~ I Ae OF THE SOUTH 6 Ae of SE1/4 ~
i:: SE1/4 SEe 12. T14S. R2W ;:: SE1/4 SEe 12. T14S. R2W :: I
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~ SURVEYOR: ERB ENGINEERING, INC.
~ PLAT PREPARED BY.
" 12320 STOWE DRIVE, STE. E. POWA Y, CA. JAMES D. NOWLAN
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II) PHONE NO. (858) 748-2130 L.S. NO 4620
" PHONE NO. (858)748-2130
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7489
CERTIFICATE OF ACCEPTANCE
This is to certify that the ihterest in real property conveyed by the deed or grant
dated October 13,2005, from the Spitzer Family Trust dated 01/20/2005, Grantors, 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 34 adopted on January 20, 1981, and
the grantee consents to recordation thereof by its duly authorized officer
Dated October 25. 2005 CITY OF POWAY
Seal: BYti~~