Grant of Easement (Water Lines, Fire Hydrant & Appurtenances) 2003-0742051
, i 39'8~O DOC 4 2003-074,2051
~ECO~DING REQUEStD BY'
) JUN 2"4-, 20'03 9: 06 AM
..... )
.C \ - CITY OF POWAY ) OFFICIAl.. RECORDS
- - ) SAHDIEGlJ roJ/flY RIDlRDER'S OFFICE
ANDWHEN RECORDED MAIL TO' ) GlI60RV J. SIUTH, COl.IlIJV REaJRDER
FEES: 0.00
fJ.!1 fiNO transfer tax due ) (This space for Recorder's Use)
rJc,fJ Tax Parcel No,,275-120-12&13 NO DOCUMENT TRANSFER TAX NO FEE
, V GRANT OF EASEMENT
I, (WATER LINES, FiRE HYDRANT& APPURTENANCES)
WE 801-01-456
Lawrence Pollack and Janet Pollack, owners of APN 275-120-13, and Ronald L. Enos
and Pauiine Getz Enos, owners of APN 275-120~12(hereinafter "GRANTORS") hereby
grants to CITY OF POWAY (hereinafter'''GRANTEE''), its successors, or assigns, the
following described easement'fQra 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 a fire hydrant and pipeline or pipelines for
any and all purposes, together with such fixtures and appurtenances intended for same
purposes, at such locations and elevations, upon, along, over and under the easement
described in Exhibit "f,." 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 rights~of-way situated in adjacent lands, without any additional
compensation therefor
GRANTORS, heirs, successors and assigns shall not erect or cOl"]struct or permit to be
erected or constructed any building, structure or improvement or piant any tree or trees
or plant any other vegetation or flora within said easement without the expr,ess written
approval of tl;]e City of Poway as evidenced by the signature of the Director of
Development Services on an approved plan. GRANTORS, heirs, successors and
assigns shall not dig or drill any hole or wells on any portion of the easement.
GRANTEE may use all gates '.lnd fenc;es, which now'or later, cross any portion of the
easement. GRANTEE shall be entitled 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 additional compensation. GRANTEE will notify GRANTORS 30
days prior to the scheduled maintenance, with the exception of emergency work, in
order to give the GRANTORS the opportunity to conduct such mainteoance if they
choose to do so. All work performed by the GRANTORS shall be to the satisfaction of
the GRANTEE.
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- 139'3'1 -
~RANTORS agree that'other easement or easements Sh"\'l granted on, under, or
- over this easement without obtaining the prior written consent of GRANTEE,
GRANTEE may at any time increase there us~ of the easement, change the location of
pipelines or otherfaciljties within the boundariesofthe 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 compensation to GRANTORS or
GRANTORS 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 GRANTORS and the
GRANTORS 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 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 arbitratioo proceedi!lg, administrative proceeding or Ijtigation in
law orin equity, including any 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.
GRANTORS expressly warrant and represents that GRANTORS have the power to
grant this easement in accordance with its terms,
IN WITN~ WHEREOF, the GRANTORS have executed this Easement this )~
day of . _ a ,20 03
~ ......... ~/~
Lawrence Pollack onald L. Enos
~.,,,,Q,,,~ .fJlluJ~ .~-t fl<1/
/ Jan t Pollack Pauline Getz E. 's
~
. 13932 .
Exhibit A
Legal Description
An,Easement for construction and maintenance of an 8 inch water line, fire hydrant and its
appurtenances.
Beginning at the south east comer of Lot 8] of Green Valley Estates Unit No.8, Map 3854,
Thence S 000'06' 40" E 47.88 feet to center line and access of Lot 80 of said Map, also being the
True Point Of Beginning;
Thence,S 84033' 40" W, ]24 I] feet along the centerline ofa utility and access easement to Lot
80 of said Subdivision;
Thence, N 5026 '20" W ] ] .00 feet;
Thence, N 840 33' 40" E ]0.00 feet;
Thence, S 5026' 20" E 2] .00 feet;
Thence, N 840 33' 40" E, ]33 ]8 feet;
Thence, N 000 06' 20" W, ] 0 04 feet to the Point of Beginning.
Above described area is comprised of 1,396 square feet, more or less,
,
EXHIBIT
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STRUCTURAL ANALYSIS 2882 I' C4m."" Vida Roble
ENGINEERING CAJ/1SBAD. CA 92009
HTDRAUUCS (760) 981-1792 ..
(760) 981-1892 Fru:
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IQ'ICK S, SER\' RCE 33538 ' I DATE
::1.'39'34 .
CALIFORNIA ALL.P.URP&..ACKNOWLEDGMENT .
State of C () \ L~J '" I CA..
County of Sr. ,,'~ 1 E'~O
On "];\II\P_ 13 -;;/0030 before me, Li I"tc\~ ~-ec.' \ , tVo-ta. r C,
Dol) 9. N,m. oed TIll. of Off'''' 1'.9 'J,,, Doe, Nof'.-, P,b1iC)
personally appeared "Zro..f\Pt"' ~\\C. elL
".... - Name(s) of Slgner(s)
o personally known to me - OR -'A proved to me on the basis of satisfactory evidence to be the person\l1
whose name~ is~ subscribed to the within instrument
and acknowledged to me that .jffi/she4lley executed the
- - - - - : :~ - - - -I same in Rislher/lReir authorized capacity(jset, and that by
UNDA CECIL Ris/her/.\Reir signature(8j on the instrument the person.(>>1,
l.. o...u,~' '~~ I or the entity upon behalf of which the person~ acted.
~ ~= County i executed the instrument.
tl/fc:arm.~lotwnZD4
_ _ _ - - - - - - - - WITNESS my hand and official seal.
rf~^- (~7rQp'bli'
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 form to another document.
Description of Attached Document
Title or Type of Document: G I'n. 'fiT 0+: to-5e Me viI
Document Date: -:r;:;ln~ \~J d. Q).~ NumberOfPages:~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): lltle(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
o Guardian or Conservator 0 Guardian or Conservator
o Other> Top of thumb here 0 Other Top of thumb here
Signer Is Representing: Signer Is Representing:
.
C 1994 Natioiui.1 Notary Association. 8236 Remmel Ave., P.O. BOx 1164 . Canoga ParK, CA 91309.1184 Prod. No. 5901 Reorder: Call Toll.Free .1~800.876.6821
. 13935 .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss "
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County of ,
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I, On -:r.)(\~ \:s d003. before me, LlII\r\c. (' ecil . "btcu-l
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Date Name and Title of Officer (e,g., "Jane Doe, Notary Public")
, la.tR.>( "'VI (~ ~ () l\ Q. (' L
personally appeared 1
Name(s}of Signer(s) "
o personally known to me ,
,
" ~ proved to me on the basis of satisfactory "
I' evidence
, "
to be the person,i8'f whose name(.i') is/MQ "
( subscribed to the within instrument and
J - - - - - :u=c~ - -, acknowledged to me that heI6RB'tRBY executed
.@J """............ I the same in his,1{,9r/UH?ir authorized
( i' NolaY Publ1c - ~ - capacity~, and that by hiMI,,,,iU,,'!lr
" San. DIego CountY 1 signature%on the instrument the personja1, or 1
,. i ~ _ _ ~:o.:'"'.:.~:'~~~ the entity upon behalf of which the person~ .1
,
" acted, executed the instrument. ,
, "
(, "
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, ,
I Place Notary Seal Above
"
" OPTIONAL ,
.1
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 form to another document. ,
"
Description of Attached~ocument
" Title or Type of Document: '[0. If\t 0 ~E o..<.'€' "n~ If)+
" Document Date: -:r:; ""'- B~'f)~ NumberOfPages:~
" ,
,
Signer(s) Other Than Named Above:
"
, Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT 1
" D Individual OF SIGNER ,
" Top 01 thumb here "
, D Corporate Officer - Tille(s):
(, D Partner - D Limited D General
D Attorney in Fact I
I, D Trustee ,
( o Guardian or Conservator
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I' o Other" ,
,
" Signer Is Representing: 1
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@ 1997 National Notary Association 9350 De Solo Ave., P.O. SOl{ 2402 Chatsworlh, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll Free 1-800-876-6827
,
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CALIFORNIA ALL.PURPO!;E ACKNOWL.EDc;MENT
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1 State of California }ss"
[ Co..\(~'\"'" u. 1
County of 1
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On s...o. 1"0 l(2~O ,before me, _L~(\J<^ (' PC ~ \) NO~~ 1
1
Dale Name and Title of.Officer (e.g" 'Jane Doe, Notary Public")
I, personally appeared fZ.o ,,0.. \ A L E vJo S
1
1 N~me(s) of Sign~r(s)
1 o personally known to me 1
,[
[, ~ proved to me on the basis of satisfactorY
I, evidence
)
1 to be the person(Bj whose namejs) is/ere 'I
1 subscribed to the wiIhin instrument and
acknowledged,to me that'hel.'sl ,c1t11ey executed 'I
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the same in hi9i*ler/IR",ir authorized 1
J' :UECEC'~ capacityfies), and that by his/Acr,'tl-l[J~.
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the entity upon behalf of which the personj.>1' 1
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I' Place Notary Seal Atove
1
1 OPTIONAL
[
1 Though the information befowisnot'fequired by law, it may prove valuabJe,~o:i)ersons relying on the document
1 and could prevent fraudulent removal and reattachment of this form to another document.
1 1
Description of Attached Document f { CA ~e VIr.€ (\ "i- 1
[ Title or Type of Document. G n;,(\-l- ('\ ,[
[
~ y
Document Date: <-J i.? '(\~ I :s '~ nn3-, Number of Pages:
/
Signerls) Other Than Named Above: J
1
I, Capacity(ies) Claimed by Signer 1
1 Signers Name:
o Individual .
I' Top of thumb here
o Corporate Officer - Title(s)-
I' o Partner - 0 Limited 0 General 1
[, o Atlorney in Fact 1
1 o Trustee
1 o Guardian or Conservator
1
[ o Other'
1
) Signer Is Representing:
1
,[
(j;) 1997 NationalNQtarv Association 9350 De Solo Ave., P.O"Bo!\ 2402 Chalsworlh, CA 91313-2402 PrOd, No. 5907 Reorder; Cali Toli.Free 1 800876-6827
.
of39~'i .
CALIFORNIA ALl.PURP& ACKNOWLED6MEN .
State of Ca] iforn-i n
County of San Diego
On June 11, 2003 before me, Pauline c. Tarango, Notary PubliC;
Date Name and Title or Officer (e.g., Jane Doe, Notary Public")
personally appeared Pauline Getz Enos
Name(s) of Signer(s)
J6 personally,known to me - OR - 0 proved to me on the basis'ofsatisfactory evidence to be theperson(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.
WITNESS my hand and official seal.
P~C",Z::~r
OPTIONAL
Thoughthe information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent
fraudufent removal andreattachmenf of this10rm to another document.
Description of Attached Document
TiIle or Type of Document: Grant of Easement
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Titie(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-In-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guaraian or Conservator o Guardian or Conservator
o Other' Top 01 thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
.
01994 National Notary AssocIation. 6236 Remmel Ave.. P.O. Box 7164. Canoga Parl<, CA 91309.7184 Prod. No. 5907 Reorder: Call Ton-Free 1-800-876-6827
. , . 13938 .
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated ,June 1:1, ?OO1 from Lawrence Pollack and Janet Pollack and
Ronald L, Enos and Pauline Getz Enos. 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 June ?1. ?OO1 CITY OF POWAY
By'
L ri Anne Peoples, City
C ty of Poway
M:\engserv\eng fonns\Easements\certificate of acceptance-city 801-01-456.doc