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Grant of Easement (Sewer) 2008-0412535 " -- , . -'~ . DI # 2008-041 2535 ~" 11111111111111 111111111111111111111111111111111111111111111111111 RECORDING REQUESTED BY ) ) CITY OF POW A Y ) AUG 01, 2008 11 12 AM ) _ DFFIClp.L F:ECCiRC,'; WHEN RECORDED RETURN TO' ) "oil C'IEGu CCiUNT', F:ECCiF:C'ER", OFFWE I bFrEGOFi'r ,J '3/I.jITH, CUUNTI RE'~I-IP['E-R (to ) FEE', 0.00 -. , Dr N.o lop CITY CLERK ) PAGES: CITY OF POW A Y ) (, Nf. P 0 BOX 789 ) '"1111111111111111111111111111111111111111111111111111111111111111111111111"11 (Xr0A- POWAY, CA 92074 ) Assessor's Parcel No 277-1.81'28 (For Recorder's Use Only) IC(:)f) GRANT OF EASEMENT (SEWER) (No Documentary Transfer Tax Due) Old Coach Collection Maintenance Corporation (hereinafter "GRANTOR") hereby grants to CITY OF POWA Y, (hereinafter "GRANTEE") its successors, or assigns, the following described easement for a right-of'way 20 feet in width, in, upon, over, under, and across the lands described below, to construct, reconstruct, replace, repair, maintain, and use a sewer pipeline, together with such fixtures and appurtenances, at such locations and elevations; upon, along, over and under the right-of-way described below as GRANTEE may now or hereafter deteq:nine:in its sole discretion without any additional compensation thewfbre, together with the right of ingress and egress from the easement by a practical route or routes in, upon, over, or across the land describE:ld 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 therefore The land encompassing this easement is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: SEE EXHIBIT "A" - -- GRI'\NTOR, its heirs, ~lJccessors, and assigns, shall not erect or construct or permit to be erected or constructed', arlY building,. structure or improvement on, over, or under any portion of the easement, nor dig or drill any hole or wells on any portion of the easement GRANTEE shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora wifhin the limits of the easement from time to time as GRANTEE determines in its sole discrE?tion without any additional compensation, GRANTEE shall replace landscaping which is destroyed or removed with landscaping of an equivalent size and type upon completion of construction, reconstruction, replacement, repairs, or maintenance of faciiities, within limits of the easement GRANTEE shall make best ef10rts not to cause damage to tDe existing free-standing wall, located on the south-westerly limit of the easement In the event that unavoidable dClmage occurs to the wall during any construction, reconstruction, replacement, repairs, O~-O~I . . or maintenance of facilities, or due to the existence, or continued use of the sewer facilities, GRANTEE shall be ,responsible to repair so that it is restored to its previous condition, within the limits of, easement GRANTEE shall be entitll':)d to partition, assign, joint venture,orshare all or any portion of this easement with any other public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the public as GRANTEE may determine .in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, therefore GRANTOR agrees thCjt 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 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, su(cessors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above, or expand its use of the easement for purposes unrelated to the sewer pipeline and related facilities, as described in the first paragraph of this Grant of Easement 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 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 inequity, 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 wa;:rants and represents that GRANTOR has the power to grant this easemenhn accordance with its terms. _I~ Il:jNESS WHEREOF, the GRANTOR has executed this Easement this '1- day of ,200"6 Old Coach C 'on Maintenance Corporation By Its. n~,ri<0 'R r:apntk-a By Its (Signatures must be notarized) " . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT W~~~.F.<"~~..-C<"~,('J(>~~~..n<'~~~~..c<'..G('~kX'.(W.cv~~~.c<'yQ('..d'~..&"...c<'''c( State of California . } County of ,58n Vi4 n onju\J~~ JJ)[)O before me~ kilo L QJJb~"!n,~kzr~Y'-lYlJbhL personally appeared r-p8~ I r\ ~, h.d1?Ut?:d Name(s) olS ner(s) who proved to me on the basis of satisfactory evidence to be the person<pl whose name~) is.late subscribed to the within instrument and acknowledged to me that he/~heqhey executed the same in his/Rer/their authorized capacity(iest; and that by his!t:lerflheir signature(sf on the instrument the person.l6), or the entity upon behalf of . C_,<It.~ .171631& which the person~acted, executed the instrument. _ ~ I'UbIIC - Call1OmIa I I san DiegO County . I certify under PENALTY OF PERJURY under the laws , ,.,c:a.m~!~~~n _ , of the State of California that the foregoing paragraph is - - - - - - - - - - - true and correct. WITNES Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable persons refying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document of (5nDCf ) Title or Type of Document: G v'c=1n+ e4~.n-\- Document Date: '\ -C((-tf1i Number of Pages: r::2 Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer(s) Signer's Name: Si s Name: o Individual Individual o Corporate Officer - Tltle(s): o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General o Attorney in Fact o Atlorney in Fact Top of thumb Il€r€ o Trustee o Trustee D Guardian or Conservator o Guardian or Conservator o Other' o Other' Signer Is Represe Signer Is Representing: gv~~~~~~~~~~~~~~~~~~~~~~~~~~~~'!:W~1,N--y.;,.~~~~~~~~~~ @2007National Notary Associalion. 9350 De Solo Avo., P.O. Box 2402 .Chalsworth, CA 91313-2402. www,NallonaINotary.org Item #5907 Reorder: Call Toll-Free l-BOO-876-6827 ". "., . . EXHIBIT "An 20' SEWER CONNECTION EASEMENT THAT PORT/ON OF LOT H, AN OPEN SPACE PARCEL OF TRACT NO 89-13R, "OLD COACH GOLF ESTA TES" PHASE 1, UNIT 1 IN THE CITY OF POWA y, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13339, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUL Y 5, 1996, AS FILE NO 1996-0339095, OF OFFICIAL RECORDS, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS BEING A STRIP OF LAND 20 FEET IN WIDTH, 10 FEET, MEASURED A T RIGHT ANGLES FROM EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING A T THE SOUTHERL Y MOST CORNER OF SAID LOT H, SAID CORNER ALSO BEING THE SOUTHWESTERL Y TERMINUS OF THE EASTERL Y LINE OF SAID LOT H, WHICH BEARS NORTH 25029'31" EAST, 2415 FEET'; THENCE ALONG SAID EASTERL Y LINE NORTH 25029'31" EAST, 42.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEA VING SAID EASTERL Y LINE NORTH 64031 '10" WEST, 24 91 FEET TO A POINT ON THE SO UTHEASTERL Y RIGHT~OF-WA Y OF ASH HOLLOW CROSSING ROAD, LOT"B" (40 FEET WIDE) PER SAID MAP NO 13339 SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT BEING LENGTHENED OR SHORTENED ON THE SOUTHEAST TO INTERSECT WITH THE SOUTHEASTERL Y LINE OF SAID LOT H, AND ON THE NORTHWEST TO INTERSECT WITH THE SOUTHEASTERLY RIGHT-OF-WA Y OF SAID ASH HOLLOW CROSSING ROAD, LOT "B" CONTAINING 498 SQUARE FEET OR 0 011 ACRES ALL AS SHOWN ON THE PLAT ATTACHED HEREWITH AND MADE A PART HEREOF PREPARED BY NOL TE ASSOCIA TES, INC RJL".(l~+ 3/t,/d PAUL G ROBOTTA DATE L.S, 5334 PAGE 1 OF 1 N:\SDB044100\Doc\Legals\PROP sewer esmt.doc ~ '01\_ ,;~ EXHIBIT 's' MAP NO, 1333FJ o DIT'! of POWA Y '0 Pon p/j nr:'r'1 "rJ" !FIAGr No, B9~13R n rnuE::_ D Cl "OLD COACH GOLF ESTATES' BOUNDARY ADJUSrMENr <;. NO, BA FJ4"OB ~ "" 67 LOT "W OPEN SPACE <'0' \ c; ""1) -1'8, -1s<'.vt; 'O,oOS<,o EXISTING PUBLIC ROAD PER \ \ ;J-'/O.1'7 I/O S<'4<;; DOC. 26947 REG. 2-/5-68 OR. AND '!'-9F II' 6'<'-1 'i' DOe. 107630 REC,5-24-71 O,R. AND "0 [POB COtp-" DOe. 78345 REe. 4-20.-7/ OR. \ "'00' ' , , . '<'0/ 68 \ \ (j) [XISTlNG EASEMENTS FOR GENERAL UTILITY LINES AND INGRESS AND / EGRESS Dv[R AU OF LOT '8" PER '1< ';}. MAP NO /3339. v'0 -o,~ ,?-va ,~ ? e::: "t- ~~ ~0 ;.r Pon pll nr:rj ilr:H \ ..-?-<;'~S ~ rJ.J rJnu}::;-.-J U cA ./ ~ /"' ,6'~ "- \ '-"'{{'--'~~~'" S-, d; BOUNDARY JIDJUSrMENr LOT "13" RESERV[D \ "\. 0 ~ ~u' I'D rJ II FJA 0 r, FORFUTURESTRE[F \ ,",",'0~ '& Jy ,Dr .~-/~ D I .> q....\S'~ '.,9 PER MAP NO. /3339. \ "" 0"'" '" cr, , <&'?,'b9;;,. EASEMENT NOTE, I 78 \ 0." '} 'i"- --;9 [XISTING PUBLIC RDAD PER DOC REe. \ . 6b~ cg, 0I-D5c1938 IN BDDK 728, PAGE 382 OF OR., _ _ \ ~ 'f';' -<0 A POR OF WHICH BONG VACA TED BY THE SAN - - - - _ \ 'h '7C1'7~ DIEGO. COUNTY BOARD OF SUPERVISORS BY - - _ - - - ~ - " '" / RESOLUTION NO 71 A CERT/flED COpy OF - - \ - - -, WHICH WAS REC. OCT 29, 197/ AS fiLE NO '" N '\ 'i 250.925 OR. I ~ . ~ ---- ESPOLA ----------.:... - ~ i'l IRS 14621 IiIii!lIl 20.' SE'ltfR EASEMENT - _ GRAPHIC SCALE (AReA ~ 498 Sf.) ii:J G. 14 t:fI, r /'f!ub 0' 50' TOO.' 20.0.' PAUL G. ROBDTTA DATE , L.S. 5334 SCALf T"= TDD' POW A Y FIRE Sf A TION II SHEET NUMBER SEWER CONNECTION EASEMENT 1 liTONDEMIINEIRING or 1 SHEETS 1I07lI......._........ ..._....... .PREPAR ITV OF.POIYA .OATE 8 R....8.KJe NUMBER ,...ta'_,AX.. m.......... ED FOR, C V UBMITTED, MA .200 80B044100 tOB044100\COdd\SUrV'Y\SS EASEMENT.dwg 3/3/2008 7'4)'36 AM PST \.0 I . . " ' ' CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated July 8, 2008, from the Old Coach Collection Maintenance Corporation, 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: JAy ~'lCO<6 CITY OF POWAY Seal: By' ~ )J~I''''' . Salam Hasenin, City Clerk N:lcitylsharelcertificate of acceptance.city.doc ~