Grant of Easement Sewer Lines & Appurtenances 2005-0961035
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2005-0961035
RECORDING REQUESTED BY' 11111111111111111 11111111111111111111111111111111111111111111111111111
CITY OF POWA Y
. AND WHEN RECORDED MAIL TO' NOV 04, 2005 10'17 AM
DFFiClp.L F:ECOF:['C
'-,_L:..i-l [rIE::;I-1 CUUr'lT'1 RErOF:[IEF:"; OFFICE
CITY CLERK GP,EI:.1Uif"r ,I ~;r','1ITH cour'JT'1 F:EI~OF:[IEF:
FEE': n no
CITY OF POWA Y oe. N."
fJ\( F'w.GE'~ tl
POBOX 789 \ f ~
PO WAY, CA 92074 110111111111111111111111111111101111111111111111111111111111111111111111111111
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No transfer tax due
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Tax Parcel No. 314-242-17 7478 -
GRANT OF EASEMENT
SEWER PIPELINES AND APPURTENANCES
NO DOCUMENTARY TRANSFER TAX DUE
Frank L. Openshaw and Virginia Openshaw, Trustees
(hereinafter "GRANTOR") hereby grants to CITY OF POW A Y (hereihafter "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 asdepicted'in Exhibit "B," to erect, construct, reconstruct, replace, repair,
~intain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and
appurtenances, atSuch locations and elevations, upon, along, over and under the right-of-way described
bei~w 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 tins easement for
access to GRANTEE's rights-of way situated in adjacent lands, without any additional compensation
therefore,
The land encompassing this easement is situated in the City of Po way, County of San Diego, State of
California, and ismore particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED AND HEREBY MADE A PART OF
GRANTOR agrees ' that. no other easement or easements shall be granted on, under, or over this easement
without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use ofthe,easement, change, the location of pipelines, or other
facilities within the boundariesoftlie easement right-of"way,or modifY the size of existing pipelines or other
improvements as it may detern1.ine in its sole discretion from time to time without paying any additional
compensation to GRANTOR orGRANTOR's.heirs, ,successors, or assigns, provided GRANTEE does not
expand its use of the easemenfbeyond 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 nO,t increase or decr7ase o!'pern1it tO,be inc,reased or de?reased thee~stinggroU?~ elevatio~ of
the above descnbed easement which eXISts at the t!IDe this document IS executed Without obtanung the pnor
written consent of the GRANTEE,
05 -tCfl
. . '7479
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 perfonnance 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 tenns.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this , )''' dayof~,-
2005
Frank Openshaw and Virginia Openshaw
Revocable Family Living Trust
~'<f,~ 'l~
Frank L. Openshaw, Trustee
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(Signatures must be notarized, Notary form Attached,)
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,. , .". . 7480
CALlFORNIA.,ALL~PUR~OSE .ACKNOWLEDGMENT
State of Ca. I.-Fa r" I "-
County of S~" "[), "50
On Och>)".' I J"~ ZOOt;'" 'before me, C~-, <, ]1,',,,,., Afqj-.,-y Pvb/,,< ,I
Date ' Name andrTille of Offlc8Qe.g.,' Jane Doe, Not~ry Public")
Fr,^~k L Cfze '~51,.." '" ",.1'1 u, ',.7' '., ." o ;:J{,~ .5J..e' v/ 1
personally appeared 1
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1 Name(s\ of Signer(s) "1
,~ersonally: known to me
o proved to me on the basis of salisfactory evidence
r- - - - - -C;RltlHl~,N~ -' - ,~ to be lhe,Person(s)'whose name(s) ie/are subscribed 10 the
within instrumentand,a~.k,nowledgedto'rne that~they
. 'Commission # 1522466 executed.the same.,in histAer/theirauthorizedcapa,city(ies),
1. -e NOfaryP"bllc" c:allfoinla ,~ and that by Rieffter/theirsignature(s) on the instrumentthe
'~ . , San Diego County f person(s), or the entity upon behalf of which the person(s)
_ _ ~~y:or:m~~~es_0c~2~2~08 . acted, executed ihe instrument.
'1
W'f;:~';;:~.' I
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Slgnatureoj,Notary PubliC
OPTIONAL 1
Though tne,information below is'no(nNuired l?y law, it may prove I/aluable'tope[son,s:r?/y(ng C}n the document, and could prevent 1
fraudulent-removaland'reattachment of this form, to another document. 1
.,
Description of Attached Document 1
,
Title or Type of Document: 0"" "f- () f /3.., se ~ ,'Ie t I
Document D",te' C) cfol" ,. IY~ 200 S- Number of Pages:
I
Signer(s) Other Than Named Above: /V/1
Capacity(ies) Claimed by.Signer(s) .1
Signer's Name: ~rr."., ( L ()f<:'-cjj.,.~ Signer's Name: V'" I O?(~~)'c.....,
.' '"J I "'I'....
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.D .Individual o Individual
o Corpo~ate Officer o Qorporate Officer
Title(s): Title(s)
.DPartner - D.timitild D'General o Partner ~,D Limiled 0 General
o Attomey-in'Fact o Attqrney-in-Fact
li<LTruslee ~l}ustee 1
o Guaraian or'Conservator o Guardian or Conservator 1
o Other' Top of. thumb here o Other: Top 6f IhiJmb:here I
Signer Is Representing: Signer Is Representing:
"', .,-
C 1996 National NOlaT)' Association' 8236 Remmet Ave.,'P.O.. Box7184' Canoga Park, CA 913097184 Prod. No. 5907 Reorder: Call Toll-Free 1'800.~76-6827
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7481
APN: 314-242-17
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EXHIBIT A
THE NORTH 30.00 FEET OF THE EASTERLY 132,00 FEET OF THE WESTERLY
33000 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
~L
. J mes DNowlan, PLS 4620
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Openshaw
05-41 B
" , . EXHIBIT B . SHEET 1 OF 1
7482
CITY OF Po WAY
. DEDICA TION PLAT
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m
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rD SE "1/4 SE "1/4 SECTiON "12
0 T "14 S R 2 W S8M
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N SS'51'30' 'W 264.06'
JANNETTE ~
LANE
~ I E 132 FT OF W leS FT OF EAST 2 ~ 1 E 132 FT OF W 330 FT OF EAST 2 ~ I
~ I AC OF THE SOUTH 5 AC of SE1/4 ~ I AC OF THE SOUTH 5 AC OF SEi/4 ~ I
C, SE1/4 SEC 12, T14S, R2W ;-< sEl/4 SEC 12, T14S, R2W ::::
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PO....AY ROAD
0' 40' 80' 120' 160'
VICINITY MAP ~ I I I
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nos. BROS. PJl90. t-3
>- SURVEYOR: ERB ENGINEERING, INC,
~ PLAT PREPARED BY,
'" 12320 STOWE DRIVE, STE. E, POWAY, CA. JAMES D. NOWLAN
::>
Vl PHONE NO, (858) 748-2130 L.S, NO 4620
8 PHONE NO. (858)748-2130
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05"'41:8
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated October 13, 2005, from the Frank Openshaw and Virginia Openshaw Revocable
Family Trust, 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 POWA Y
Seal: ByC)b~