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Grant of Easement General Utility Easement for Sewer Lines & Appurtenances 2013-0088199 �� # �� -o�� I IIIIIII IIII IIIII IIIII IIIII II II IIIII Iilll IIIII IIIII IIIII IIIII IIII illl RECORDING REQUESTED BY: ),( FEB �H, 2D13 10:a2 AM ) �i OFFICIAL RECORDS CITY OF POWAY ) ��P SAN DIEGO CDUNTY RECORDER'S OFFICE � n Emest J. Dronenburg.Jr.,COUNTY RECORDER � U FEES: 0.00 AND WMEN RECORDED MAIL TO: ;�Q.i�C OC: NA � PE��rES: 6 CITY CLERK ) OLh,� CITY OF POWAY ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P.O. BOX 789 ) '(,ry� POWAY, CA 92074 ) (This soace for Recorder's use onlv) APN 323-180-21 &APN 323-180-53 GRANT OF EASEMENT GENERAL UTILITY EASEMENT FOR SEWER LINES & APPURTENANCES Th'e undersianed qrantor(s) declares: Documentary Transfer Tax is$-0-pursuant to R&T Code 11922(comeyance to a Government Agency) Ms. Patricia Marie Scanlon, as Trustee of the Patricia Marie Scanlon 2008 Trust, Dated December 16, 2008, (hereinafter "GRANTOR") in favor of the City of Poway (hereinafter "GRANTEE"), hereby grants to CITY OF POWAY, 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 as depicted in Exhibit "B", attached hereto and made a part hereof, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including, but not limited to, facilities for sewer collection and transmission 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 City of Poway, County of San Diego, State of California, and is more particularly described as follows, to wit: See Exhibit "A" attached hereto and made a part hereof. GRANTOR, its heirs, 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 Poway as evidenced by the signature of the City Engineer 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. GRANl'EE shall also be entitled to trim, cut, or clear away or remove any trees, 13-�0� Grant of Easement Page 2 brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTOR agrees that no other easement or easements shafl 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, successors, or assigns. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns, shali 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 Easement, 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 )�9�'' day of�QY�.t , 2013. BY: ,��:�66��'//��.i,��(��L��'t, Pj atricia Marie Scanlon�, Trustee j � (Signature must be notarized. '/ `�_ Notary form attached.) Approved as to Form: OfEic� of the City Attomey ' , Mor n L. oley, Cit Attorney M:SengseMLantl Development Projects�2072\SI12-001 -Olive tree IanelEasement Docslgrant of general utility easement 323-780-21 and 53.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cm�eooe y„eg State of California � County of ��l �e�1 On �r��2�� before me, ��'��- C-�-`��`+Z 1�� `��C. �ate °� P _�- Here Insert f�ame antl i le ot the Oificer personallyappeared �Q,'�Y1('„�0 J�� Name(s)of Signer(s� who proved to me on the basis of satisfactory evidence to be the person(STwhose name(�j f�are-- SHELL CD�LINS subscribed to the within instrument and acknowledged ComM+ao�a �96211� to me that k�ey executed the same in Nopry PuMle•Calitornf� �� aufhorized capacity(ies}—and that by S�n DNp Counry � eir si nature on the instrument the Canxn.E oec 25 201 9 � person(S`J, or the entity upon behalf of which the person(s}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. � Signature: Place Notary Seal Hbove SignaWre of N tary P lic OPTIONAL Though the rn/ormation below is not required by law,it may prove va/uable to persons retying the document and could prevent iraudulent removal and reattachment of this form ro another document... Description of Attache c ment /' �,C� �1n �� 1 � �� Title or Type af Document: �� l��W V Vw� �`�� l�lJ�:"v�-�!�G Document Date: �' ��0��J Number of Pages: � Signer(s) Other Than Named Above: �A�� Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual ' . . ❑ Partner—O Limited ❑General Top of thumb here ❑ Partner—� Limited ❑Generel Top of Ihumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ TrusTee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �2010 Na�ional No�ary Association•NationalNOtary.org•1-800.U5 NOTARY(tA00-816-682� Item k590] Grant of Easement Page 3 G`,�.� OF POW�Y CERTIFICATE OF ACCEPTANCE TyF , y, �� GENERAL UTILITY EASEMENT °� rN�"f`HE �O°° This is to certify that the interest in real property located at 13530 Olive Tree Lane (APNs 323-180-21 & APN 323-180-53) in the City of Poway conveyed by the General Utility Easement described in the attached document dated:�Q,Y�UQYU I�p�20I�j, from Patricia Marie Scanlon, Trustee of the Patricia Marie Scanlon 2008 Trust, Dated December 16, 2008, to the City of Poway, 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. Dated: � titi�'a�� CITY OF POWAY Seal: By: /'� �' � Kristen M. Crane Interim City Clerk EXHIBIT `A' LEGAL DESCRIPTION: SEWER LINE EASEMENT APN 323-180-21. APN 323-180-53 THE EASTERLY 20.00 FEET OF THE NORTH HALF OF THE NORTH THREE- TENTHS OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876. QROFessrati�� e°��P M C. y��,ti PREPARED BY: "`� �2'z'' 'w�,; NO 33730 'm' i�', �i { , �" �rc3 �+r�,, i�+i WILLIAM C YEN, RCE 33730 �\srq, Civ1��gP� -,TR -_-__, �. OF CA�1F;� � EXHIBIT 'B' SEWER LINE EASEMENT PLAT APN 323-180-21 , APN 323-180-53 t i�� j,r< <<�� l,` ,�� l\,q ,��c� ��3 S ALE:1"=100' ��\�� rj�� rj�� 3ti rj�/ OLIVE �� TREE LANE � � � w � wZ I Nw I I I I i��C�l\, ' o � I i1�C�J�� r3�i(� � I I I � r3�i �� i� � N rj�i � I I � ,,�� n � � N � N r,� C�i. c° �c�' .1c� t��'� �c'7 r� ��,\�C�' � — — —— (��' c��i IJNE DATA N0. BEARING LENGTH r3 c� 3 Lt N00'07'20"E 99.25' N � �� L2 N00'24'36"E 99J2' 'rom !� ��C� z rq , i� � � � � f�� t�j�/ ' I Z �\�C,, � �� \�� f�3 �� 3 �� p' �� c�' . �\�, �� r��l �', J��J �j�l I � � j � pFyOFESS/pti Q �v� � p 4 ��j C�� I Ds,� �,�\�� ``\�,�)P M C y� mti �J�� C7� � �� J,�J �t�t y y� '/ Z �� l ��C�� N033730 A r�� * * � r�j�f �— sT9 C I V 1L ��P �—._' rF OF CA��F� L2 �_/ ✓� � _ .lv. <�-�..Y jZ NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON R.O.S. MAP 19696 W01202