Grant of Easement (Sewer) 2008-0412535
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. -'~ . DI # 2008-041 2535
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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"
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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
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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)
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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
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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
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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.
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---- 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
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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
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