Grant of Easement Water and/or Sewer Lines & Appurtenances 2007-0454002
''I
';;~ECORD(NC.i'EQUESTED B' ce:# 2007-0454002
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f~ CITY OF POWAY
AND WHEN RECORDED MAIL TO JUL 06. 2007 2:41 PM
1P O!="FII-:I,0,L FiEI-nri[I':,
CITY CLERK ':,,:":',[J [11[1,11-1 !-'uur'JT'1 F-":ETOFi[IEF:" UFFILE
\efI' 9867 1~-iF-iEGOr-r1 ,I _;r',.11TH cuur'f['j m:cuFi[ICR I
CITY OF POWAY ....~i=" - .,-s.no
rt....".
POBOX 789 oe. ;.1..::.
c.~f1 POWAY CA 92074 OCI,['- 7
D 11~~~IOOMIOOIMMMlm~
APN 323-270-47
GRANT OF EASEMENT (30 FEET WIDE) 2001-0:454002
WATER AND SEWER LINES & APPURTENANCES
IN WELTON LANE
STI 06-300 (Syed)
OLEG AND FAITH GLADKOFF AND WALTER AND TANIA BOORJAKIN (hereinafter
"GRANTOR") hereby grant to CITY OF POWAY (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 depicted in Exhibit "B," to erect, construct, reconstruct
replace, repair, maintain, and use water and sewer pipelines for any and all purposes, together
with such fixtures and appurtenances, including, but not limited to, facilities for power
transmission and communication purposes, 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 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 land encompassing this easement is situated in the County of San Diego, State of
California, and is designated as APN: 323-270-47 (See Exhibits A and B attached hereto and
made a part hereof)
GRANTOR, its heir, 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 without the express written approval of the City of ir~.
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 on any
portion of the easement.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the
easement. GRANTEE shall also be entitle to trim, cut, or clear away or remove any trees,
brush, or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any addition compensation.
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 of the easement, change the location of pipelines
or other facilities within the boundaries of the easement right-of-way, or modify the size
of existing pipelines or other improvements as it may determine in its sole discretion from time
to time without paying any additional compensation to GRANTOR or GRANTOR's heirs,
Dl-~tS'1
"'. . 9868
successors, or assigns, provided GRANTEE doe 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 increase or decreased
the existing ground elevations of the above described easement which exists 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 II TH day of
:T J tV Iff , 2007 -
oty 6f<'Jt~
Oleg adkoff
/. ~~
----;r- ~ -
Faith Gladkoff /
A~ldZ: ~H/};~k
. Walter Boonakln
------. j , -
'5~ / tfZ--&-?-(t:2.j~~
Tania Booriakin
(Signatures must be notarized)
. .' .. . _. ... 9869
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State. of Cali-farni,;
County of San. Diego
On Jtf/!1;- jl, 20 tJ 7 before me, Phyllis Shinn, Notary Public
Dale . --r Nam~dJjlleOfOfflcer(eg "JaneDoe,NotaryPubllc'
personally appeared WAL-ic.:Yi( /liV)) //}jI/( 4 -DOD/!....! At:: I /!/
Name(s)of Signer(s)
o personally known to me - OR -~foved tome on the basis of satisfactory evidence to be the person(s)
whose name(s) )S('aresubscribed to the within instrument
and acknowledged to me that Ijteh~e/they executed the
same in I)i$lIiir/thelr authorized capacity(ies), and ihat by
J------------. .
'. PHYlLIS SHINN' ~s/~/their signature(s) on the instrument theperson(s),
- it.... . Com mission # 1450304 ~ or the entity upon..behalf of which the persoh(s) acted,
~ . -0_ Notary PubliC. California f executed the instrument
j . . San Diego Counly f
_ _ _ ~:,,:m~Ex~e:~9.:.2~7 . WITNESS my hand and official seal.
~~i9:'~
OPTIONAL
Though the information below is not requirecibyJaw, it may prove valuable topersons:relying on the document and could prevent
fraudulenf'removal.and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &~/l/'/,;/ Of t--;.y.st:711c7/! .5'23- 2 70- t;7
Document Date: Ju;I/C (/, 20 rJ 7 Number of Pages: .:;-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual D. Individual
o Corporate Officer 0 Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
o Trustee 0 Trustee
. RIGHI THUMBPRINT. RIGHT THUMBPRINT
o Guardian or Conservator OF SIGNER 0 Guardian or Conservator OF SIGNER
D Other: Top of.thumb here D Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 823'6 RemmetAJ'e.; P.o. Box 7184. Canoga Park, CA 91309-7184 PTOd. No. 5907 ReOrder. Call Toll-Free 1-:8()()'876-6827
C~LlFORNIA ALL.Pl!RPclE' ~CKNOWLEDGMENT .
State of C 4h/ ~G/.!./v/ .4 I
9870
County of .<)Ad 2> Ir G- 0 1
(, ! If LfJ1 S' A. \ I') S to-;V' \~ ~ V ~J , IV ora., ry PuP 1 t, 'I
On 'before me, 1
Name and Title of Officer (e,g., Jane Doe, N6tary Public')
eu:' .(,:- G- /'/l'TN GL/I'\/COr;= 'I
personally appeared cL/?./
Namelslof Signer(s) ~
)
o personally known to me 1
,kJ proved to me on tlie basis of satisfactory evidence 'I
)
to be the person(s) whose name(s) $tare subscribed to the
within instrument and acknowledged to me thaU;fe/sKe/they
~. SAIDSANHOURY ~ executed the same'in $/W/their authorizedcapacity(ies),
- . COMM, # 1656447 and that by ,*/~r/their signature(s) on the instrument the
(I) HOTARY.PUBlIC-CAUFORIfIA fJ} person(s), or the entity upon behalf of which the person(s)
S.&.N,DIEGO COUNTY -
Mv COMM. ExpApR..6:Z010 .. acted, executed the instrument.
WITN:;;rnda~ - ~
Signatureo! Notary Public
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons:relying on the document andcouldprevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: (.(J'R /J ,<J T t:Jr- E/J 5E /YI E;<.// ,12;; -.2 70 - '-17
. . C;;;
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sigl1er(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer 1
Title(s): Title(s): I
o Partiier - 0 Limited O'General o Partner -0 Limited 0 General
o Attorney'in-Fact o Attorney'in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' Top ofthumb here o Other' Top of thumb'here
Signer Is Representing: Signer Is Representing:
C 1996 National Notary Association. 8236 AemmetAve."P.O.'Box7184 . Canoga Park, CA91309-7184 Prod. No. 5907 Reorder. Call To!l-Free,1-800-876-6827
. .
EXHIBIT "A" 9871
WATER AND SEWER EASEMENT
APN: 323-270-47
PLAN REF.: STI 06-300 (SYED)
LEGAL DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO LAND SHOWN ON MAP NO 3973 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT "A" (LAND RESERVED FOR FUTURE
STREET) BY SAID MAP NO 3973, THENCE ALONG THE NORTHERLY LINE OF SAID LOT "A" NORTH
89'15'30" WEST FOR 25,76 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG
SAID NORTHERLY LINE NORTH 89'15'30" WEST FOR 30,01 FEET, THENCE LEAVING SAID
NORTHERLY LINE SOUTH 00'43'58" EAST FOR 171 06 FEET TO A POINT LYING IN THE SOUTHERLY
LINE OF SAID LOT "A"; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'15'30" EAST FOR 3001
FEET, THENCE LEAVING SAID SOUTHERLY LINE NORTH 00'43'58" WEST FOR 171,06 FEET TO THE
TRUE POINT OF BEGINNING,
CONTAINS 5,132 SQUARE FEET MORE OR LESS (0,118 ACRES)
Prepared by'
Mik Hamada, RCE 25586
925Cimarron Terrace
Escondido, CA 92029
Phone: 760-489-5834
I ~ I I I 1. EXHIBIT "E!'
'0 20 40 60 80
SCALE,: I' '= 40' 9872
f."""" STI #06-300
------------
POWA Y ROAD D INDICATES EASEMENT AREA
. . .' DEDICATED TO C.O P FOR
~ [N 89i5'30' W] TRUE: POINT OF BfGlNNING WA TER AND SEWER
[] INDICATES RECORD PER MAP NO 3973
lL 84.38' 25.76'
30. 01 ~ PT. OF COIIIIEJIC/NG _______ INDICATES BOUr-DARY OF LOT 'A-
,--- -rr ----- ~ PER MAP NO 3973
~ ". ". ,,' ,.,,', NOTE:: THIS WID UfS WITHIN APN 323-270-47
i 1 f I CL PROPOSFJJ WAID/ IIAIN
. CL PROPOSFJJ SfWfR IIAIN
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NOT TO SCALE
PREPARED BY: Plat to Accompany SHEET 1
MIK HAMADA, RCE 25586
925 CIMARRON TERRACE Water and Sewer Easement for OF
ESCONDIDO, CA 92029 S ed Residence on Welton Lane 1 SHEETS
(760) 489-5834
. , ' ... . .
1
CERTIFICATE OF ACCEPTANCE
9873
This is to certify that the interest in real property conveyed by the deed or grant dated
.1fle.. 1\,'1001 from OLEG AND FAITH GLADKOFF AND
WALTER AND TANIA BOORIAKIN, 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 34
adopted on January 20, 1981, and the grantee consents to recordation thereof by its duly
authorized officer
Dated: 7/~/o1 CITY OF POWAY
Seal: By0~~~
L, Diane Shea, City Clerk