Grant of Easement General Utility Easement for Sewer Lines & Appurtenances 2013-0088206 � � � � ��� �-�������
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RECORDING REQUESTED BY: ) FEB �$, 2013 1�:08 AM
)� OFFICIAL RECORDS
CITY OF POWAY ) � E neNtJ�IDrone bu gTJrRCOl1N�TY RECORDER
� FEES: 0.00
AND WHEN RECORDED MAIL TO: ) � OC: NA
� o� PAGES: 6
PIO. OX 89 AY ) I� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
POWAY, CA 92074 )
(This space for Recorder's use on�
APN 323-180-19 & APN 323-180-51
GRANT OF EASEMENT GENERAL UTILITY EASEMENT
FOR SEWER LINES &APPURTENANCES
The undersiqned qrantor(s) declares'
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
Mr. Thomas A. Kane, of Poway, California, (hereinafter "GRANTOR") hereby grants 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 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 ali 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 additionai 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 and hereto made a part of hereto
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 drili 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 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.
�w;. ;�'
Grant of Easement
� Page 2
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,
successors, or assigns.
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 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 /� day of
�� , 20�.
BY: ,/N�r�� �.�Gv�-��
Thomas A. Kane
(Signature must be notarized.
Notary form attached.)
Approved as to Form:
Office of the City Attorney
;�
UG�ti4 � � �7 � �
Mor n L. olay,�City Attorney
M:�engservlProjects�20121S112-001 -Olive tree lane\Easement Docslgrant of general utility easement 323-180-19.tlocx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cm�cooe� ++s9
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State of California �
Coun of cJ-��l �.�.. \L°S1.i1
On I � before me, `��'��`el- �L`�,`��`� l�t�� �`�J��
�ate ;�.�n /� 1H/ere�I;nse,nrt N/a�me antl i k o1 ihe OHice�
personally appeared �l Jl Y I IA � � K-fA.I 1(,
N e(s)af Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(�whose name,(aj�S7a►s
SHEUEY COU1N� subscribed to the within instrument and ack�owledged
�0""�'��0"���211 to me that �skek�iey executed the same in
Muhry Po61k-CNilorM� ir authorized ca aci
5�n DHpo County p ty(�), and that by
Canm. fra peo ys zp� ��r signature(s} on the instrument the
person(s� 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 hand and official seal.
Signature:
Place Notary Seal Above SignaW of I a lic
OPTIONAL
Though the information below is not 2quired by law,it may prove valuable to persons re yrng on the document
and cou/d prevent fraudulent remova/and reattachment of this iorm to another document.
Description of Attach oI�c �eA�t (,�� ��M r��p'
Title or Type of Docur�� nY U 1 �V� �1' �/��Q����� `/�.�Clti 24��1,t
Document Date: ���� �7 �� , Number of Pages�_
Signer(s) Other Than Named Above: �..V �" �
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Individual ❑ Individual -
.
❑ Partner—�Limited O General roP of mumb he�e ❑ Partner—�Limited r!General Top of thumb here
❑ Attorney in Fac[ ❑Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
�2010 National Notary Assoaation•NationalNOtary.otg•1-800-US NOTARV(1-800-W6be2�) Item N590]
' Grant of Easement ,�q oF PoW
' Page 3 �� "�y
CERTIFICATE OF ACCEPTANCE TyF „a„o ,, ,., �p�
GENERAL UTILITY EASEMENT °�rr ih rHE cO°`'
This is to certify that the interest in real property located at 13542 Olive Tree Lane
(APN 323-180-19) in the City of Poway conveyed by the General Utility Easement described in the
attached document dated: ✓r�.+/ua,eY i��J Z�/� , from Thomas A. Kane 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: �I�'3I��3 CITY OF POWAY
Seal: By: �NMvUN� �• �(
risten M. Crane
Interim City Clerk
. ExxislT �a�
LEGAL DESCRIPTION: SEWER LINE EASEMENT
APN 323-180-19, APN 323-180-51
THE EASTERLY 20.00 FEET OF THE SOUTHERLY 100.00 FEET OF THE
EASTERLY 400.00 FEET OF THE SOUTHERLY 199.30 FEET (MEASURED
ALONG THE EASTERLY AND WESTERLY LINES) OF THE NORTHWEST
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 25, 1876.
O QROFESS%Qryq
PREPARED BY: �,����,��PM�� Y�F\
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WILLIAM C. EN, RCE 33730 `:.'; �'.!
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RECEIVED
JAN 3 1 2013
CITY OF POWAY
DEVELOPMENT SERVICES
EXHIBIT 'B'
' SEWER LINE EASEMENT PLAT
APN 323-180-19, APN 323-180-51
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^ N0. BE4RING LENGTH
�t ��� �� �l�� Lt N00'07�20"E 100.03'
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NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED I WO�ZOZ
ON RECORD DATA ON R.O.S. MAP 19696 �