Grant of Easement 2013-0650898RECORDING.RESUESTED BY:-
D 0 C '" 2013-0650898
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CITY OF POWAY
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OCT 30, 2013 3:17 PM
AND WHEN RECORDED MAIL TO:
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OFFICIAL RECORDS
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SAN DIEGO COUNTY RECORDER'S OFFICE
CITY CLERK
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Ernest J. Dronenbmg, Jr., COUNTY RECORDER
CITY OF POWAY
ICU.
FEES: 0.00
P.O. BOX 789
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OC: NA
POWAY CA 92074
1:1;x'16 PAGES: 6
No transfer tax due
Tax Parcel. No. 317- 200 -18
GRANT OF EASEMENT
(SEWER LINE & APPURTENANCES)
EA 04 -07
JAMES LINDSAY, AND KARIN LINDSAY, HUSBAND AND WIFE AS JOINT TENANTS
(hereinafter "GRANTOR'), hereby grants to the CITY OF POWAY (hereinafter
"GRANTEE "), its successors, or assigns, the following described easement fora right -
of -way in, upon, over, under, and iacross the lands described in 'Exhibit. "A, "' and
depicted in Exhibit "B," 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 power transmission and
communication 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 County'of San Diego, State of
California, and is more particularly described as follows, to wit:
A PORTION OF THAT LAND GRANTED TO JAMES LINDSAY AND
KARIN LINDSAY, ACCORDING TO DOCUMENT NO. 2000- 0050810
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JANUARY 31, 2000.
GRANTOR, its heir, successors and assigns shall not erect or construct or permit to be
erected for constructed ariy%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.notdig 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.
GRANT OF EASEMENT
EA 04 -07
PAGE 2
1101%
GRANTOR agfees'that no other easement or easements shall'be- granted on, under; or
over this easement withoufobtaining the pnorwritten 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
orGRANTOR's heiis, 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 ordecrease 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 ofthe: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
of
WITNESS WHEREOF, the GRANTOR
6 / "/ 2005.
has executed this Easement this _f -I- day
KARIN LINDSAY
M.,\engsery \englforms \Easements \grant of easement EA 04- 07.doc
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California / / /-
County of
On
personally appeared
ZO OJ before
PHYWS SHINY
Commission # 1450304
C
Notary Public - California
Son Diego ounty
-u :
OA4Y Comm. Expkes Nov .9, 2007
11018
C L is, �if7A//U. A/071_ ;L V ?'GfS L i<
// Name and Tile at foorle, ,'Jane Daa. Nolary Public
Berets) of St inegs)
❑ personally known to me
'proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that } /s)(s they executed
the same ih 1r'Wt1q(/ /their authorized
capacity(ies), and that by lv /h`# /their
signatures) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS y�71hanoand offici eal.
GSgnatum of Nolary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
• Individual Top of thumb here
• Corporate Officer — Title(s):
❑ Partner — ❑Limited E-) General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 Nelimal Nolary Association • 9350 De Soto Ave., PO. Boy 2402 • Cbatswortb, CA 913132402 • www.nationalnotar, org Prod. No, 59D7 Reorder: Call TOIL Free 1-800 875 R27
NOTE: ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED ON
RECORD DATA ON RECORD OF SURVEY MAP NO. 3621.
PREPARED BY:
QRoF ESSIO\
M
✓I7 /i� +— 1 –� '(� w I NO 33730
WILLIAM YE , RCE 33730
CIVI\-
EXFIIBIT `A'
SEWER EASEMENT
EA 04 -07
E
11019
A PORTION OF TI IAT LAND IN THE. CITY OF POWAY, COUNTY OP SAN DIEGO.
SfATT? OP CALIFORNIA GRANTED TO JAMES LINDSAY AND KARIN LINDSAY
ACCORDING TO DOCUMENT NO. 2000- 0050810 PILL'D IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY '31,2000. DESCRIBED AS
17OLLOWS:
BEGINNING AT T FIE MOST SOUTFIERLY CORNER OF SAID LINDSAY LAND: THENCE
ALONG TI -iE SOUTHEASTERLY LINE OF SAID LAND, NORTH 36 005'20" EAST. 323.03
FLET TO A POINT ON THE SOUTT TEAS FRLY LINE, SAID POINT BEING TI E
BEGINNING OF A NON- TAN'GEN'I' 230.00 FOOT RADIUS CURVE CONCAVE TO THE
NORTHEAST, SAID CURVE ALSO BEING THE SOUTHWESTERLY RIGHT- OI' -N'AY
LINE OF BOULDER VIEW DRIVE, TIiL' CENTER OF WHICH BEARS NOR -1.1.1 26 °04`30"
EAST FROM SAID POINT: THENCE" NORTHWESTERLY ALONG SAID 230.00 FOOT
RADIUS CURVE AND SAID BOULDER VIEW DRIVE THROUGH TROUGH A CENTRAL ANGLE
01"05001137", A DISTANCE OF 20.18 FELT TO A POINT ON A LINE 20.00 FEET
NORTH WESTERLY AND PARALLEL TO SAID SOUTHEASTERLY LINE: THENCE
ALONG SAID LINE, SOUTH 36 005'20" WEST. 313.68 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LINDSAY LAND: THENCE ALONG SAID
SOUTHWESTERLY LINE. SOUTH 35°21'30" EAST. 21.10 FEL"-T TO TI -11: POINT OF
BEGINNING.
TOTAL AREA IS 6,364 SQUARE FEET, MORE OR LESS.
AS MORE PARTICULARLY SHOWN ON EXHIBIT'W ATTACHED HERETO AND BY
TITIS REFERENCE MADE A PART HEREOF.
NOTE: ALL BEARINGS AND DISTANCE'S IN THIS DESCRIPTION ARE BASED ON
RECORD DATA ON RECORD OF SURVFY MAP NO. 3621.
PREPARED BY:
N M C
NO 33730
WILLIAM YE IQ, RCI: 33730
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GRANT DEED TO JAMES
AND KARIN LINDSAY PER 100 DD #2
DOC# 2000 - 0050810 O.R.
REC. 1 -31 -2000 D p
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(Oh e�V PER RDS r3 j2_�
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SEWER EASEMENT
6364 S.F.
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PARCEL : "A" OF >o /
CERTIFICATE OF Q /
COMPLIANCE PER o^ / �?
F/N 89- 349619 / Op
REC. 6 -30 -1989 IN, /
21 110, _
7 -200 -1
LINE DATA
------------------------
L1: N56'00'00 "E 30.00'
1-2: N26'04'30 "E 30.00.'
1-3: N34'00'00"W 10.00.'
CURVE DATA
Cl: 200.00 29'5530 104.46'
C2: 230.00' 5'01'37" 20.1.8"
EXISTING EASEMENTS
F2 z
------------------------
NO33730 m DD #-1 ROAD UTILITY EASEMENT PER BOOK 6442
EXP. 6-30-P006 PG 434 OF O.R. REC 2 -4 -1957
* DD #2 SEWER LINE EASEMENT IN FAVOR OF
97F cl v1 Q.�P -000474 DONALD L AND KATHERINE J KNOX PER
OF C /,t* vs- F/N 1986-165953, REC 4 -29 -1986
11021
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: Apr=i 181 c�= from James Lindsay and Karin Lindsay, Grantors, 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:
CITY OF POWAY
By:
Sheila R. Cobian, CIVIC
City Clerk