Grant of Sewer Easement 2013-0608266APN: 323 - 180 -29
GRANT OF SEWER EASEMENT
for Recorder's Use)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
Valerie A. Robinson and Robert D. Robinson, a married couple', (hereinafter "GRANTOR "), hereby
grants to the CITY OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the easement
and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use
underground sewer lines and appurtenances thereto, 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:
GRANTOR, its heir, 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 Director of Development Services 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.
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.
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.
a o C ## 2013-0608266
� .... ;_
III I III I II II III 111111 II I I II I I I 1 111
OCT 08, 2013 10:27 AM
RECORDING REQUESTED'BY:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY
Ernest J. Dronenburg, Jr., COUNTY RECORDER
1
FEES: 0.00
,{y AND WHEN RECORDED MAIL TO:
OC: NA-
l!
PAGES: 7
CITY CLERK
CITY OF POWAY
IIIII IIIII VIII VIII IIIII IIIII VIII VIII IN IN
P.O. BOX 789
I111111IIIII IIIII VIII IIIII IIIII VIII
POWAY CA 92074
APN: 323 - 180 -29
GRANT OF SEWER EASEMENT
for Recorder's Use)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
Valerie A. Robinson and Robert D. Robinson, a married couple', (hereinafter "GRANTOR "), hereby
grants to the CITY OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the easement
and incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use
underground sewer lines and appurtenances thereto, 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:
GRANTOR, its heir, 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 Director of Development Services 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.
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.
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.
Easement
Page '2
GRANTEE may at any time increase its use of the easement, changeahe location of facilities within
the boundaries of the easement right-of-way, or modify the size of 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, 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 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 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 a5' day of
5FPrCrwkA 12013.
Owners
By:
Robert D. Robinson
By: V
Valerie A. Robinson
(Signatures Must Be Notarized, Notary Forms Attached)
City of Poway
4 G
P nyRiley, ty anager Dafte
Approved as to Form:
Office of the City Attorney
25- t..
org L: Foley. Cit Attorney Date
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M'1Engserv%Land Development Prejects12012)S112.00 t - olive Tree LaneTnement Docs \GRANT DOC .APN .-121-180-29
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State of. California
County of `� ��l �7 1
On 1 4 /Zefore me, G / f /✓�
Date Here Insert Named 1
personally appeared �Q(�/ J??� �• �D� /NcSD/Y f//y
V// Name(s) of Signer(s)
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) /are subscribed to the
within instrument and ,acknowledged to me that
Plels*/they executed`the:same in N/*/their authorized
capacity(ies), and that by "r/their signature(s) on the
PHYLLIS SHINN instrument the person(s), or the entity upon behalf of
Commissiomo 1956215 which the person(s) actedi executed the instrument.
Notary Public - California
San Diego County
My Comm. Expires Nov 9, 2015 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a 'official s3Lo2o-
Place
Signature Notary Seal Above Signature of No ryPublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fmuduleN removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: C A&L-/ Uf J6 WE Y1 4- /To,--; /,/ C./V /
r
Document Date: .��%�` Zr�2� /� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
I
Corporate Officer— Title(s): —
Partner —❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
I
Signer's Nai
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
O Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER"
®2007 Natiorial Notary Association- 9350 De Soto AS.,P.O.Box 242•Gha6waM,CA 91313-2402,w NalbnalNotaryorg ttem #5907 Reorcer Call Td4Free1- 8008766827
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On September 26, 2013 before me, Carol S. Legg, Notary'Public, personally appeared
Penny Riley, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person 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.
CAROL S. LEGG
Commission # 1934186
m Notary,Publio • California s
San Diego; County —
M Comm. Ea Tres Apt 28.2015
OPTIONAL
i
Carol • ' A
Title or type of document: Grant of Sewer Easement, APN 323 - 180 -29, Valerie A. and Robert D.
Robinson.
Document Date: September 25, 2013
Number of Pages: 5 including attachments
Signers Other Than Named Above: Valerie A. Robinson and Robert,D. Robinson
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
APN: 323 - 180 -29
THE EASTERLY TWENTY FEET (20.00') OF THE FOLLOWING DESCRIBED PARCEL:
ALL THAT PORTION OF THE SOUTHERLY HALF OF THE NORTHERLY THREE -
FIFTHS OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14' SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT
THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE, SOUTHERLY HALF OF THE
NORTHERLY THREE - FIFTHS 'OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 18 THENCE _NORTH 00 13'
20" EAST ALONG THE EAST LINE THEREOF, 198.51 FEET TO THE NORTHEAST
CORNER OF LAND DESCRIBED IN DEED TO CLYDE E. MUTCH RECORDED
DECEMBER 20, 1954 IN BOOK. 5467, PAGE 20 OF OFFICIAL RECORDS; THENCE
NORTH 88 031'14" WEST ALONG THE NORTH LINE THEREOF 219.20 FEET;
THENCE SOUTH 0 °18'48" WEST, 198.80 FEET TO THE INTERSECTION WITH THE
SOUTHERLY LINE OF SAID MUTCH'S LAND, DISTANT THEREON NORTH 88 036'08"
WEST, 219.48 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH. 88°36'08"
EAST ALONG SAID SOUTHERLY LINE '219.48 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 100 FEET.
STEVEN E. STRAPAC, P.L. 8566
WOW ' �.,
EXHIBIT "B"
SEWER EASEMENT PLAT
APN 323- 1.80 -29
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N88'36'08 "W 219.34'
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GRAPHIC SCALE
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CERTIFICATE OF ACCEPTANCE
SEWER EASEMENT APN 323 - 180 -29
This is to certify that the interest in real property located in the City of Poway conveyed
by the Deed or Grant of Easement described in the attached document dated:
9 - from Robert D. Robinson and Valerie A. Robinson, (Grantor), to
I
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.
Dated: CITY OF POWAY
I
Seal: By: GCJ�-
Sheila R. Cobian, CIVIC, City Clerk