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Grant of Sewer Easement 2013-0738419D 0 C ## 2013-0738419 II I IIII I IIIII IIIII I IIIII IIIII II II I I III IIIII II III DEC 26, 2013 11:51 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 8 GRANT OF SEWER EASEMENT for The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Craig D. Page and Barbara A. Page, 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 easement 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, withoutany additional compensation therefor The land encompassing this easement is situated at 13520 Olive Tree Lane, 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.sh "all not erect or constructor 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 rany 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. /3 - //O RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK �i CITY OF F POWAY P.O. BOX 789 POWAY CA 92074 D 0 C ## 2013-0738419 II I IIII I IIIII IIIII I IIIII IIIII II II I I III IIIII II III DEC 26, 2013 11:51 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 8 GRANT OF SEWER EASEMENT for The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Craig D. Page and Barbara A. Page, 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 easement 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, withoutany additional compensation therefor The land encompassing this easement is situated at 13520 Olive Tree Lane, 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.sh "all not erect or constructor 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 rany 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. /3 - //O Easement Page 2 GRANTEE may at any time increase its use of the easement; change the 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 \WIN_ESS WHEREOF, the GRANTOR has executed this Easement this day of 4//sGG !ldR a✓1 2013. OWnarc m m (Signatures Must Be Notarized) City of ) "ktb Tina White, Acting City Manager Approved as to Form: Office of the City Attorney "4 Morga L le ; City ttorney 9­3 '/? Date !a 90Z;,,vd. a nd Develovnenl Prol_c;�2(11:`SI 12-001 -Olive ir•.e LaneEasement Docs \GRAN f DOC APN 32.i- 180 -5a Rige Don CALIFORNIA ALL - PURPOSE State of California County of L On before me, Q, i/a . Cbbla. Dale Here Insert Name and Title of the Officer personally appeared rA SHEILA A. COSIAN Commission 20! ♦ 01199 = Notary bile • callfarnq Z OMY San Olopn Coumtt comm. Expires May to, 20111 who proved to me on the basis of satisfactory evidence to be the person(sjwhose names) Is subscribed to the within instrument and acknowledged to me that a>. e/igey executed the same ir< is kerfthor authorized capacity(!*, and that by(gilh@FAIP irsignatureKon the instrument the persor> gy, or the entity upon behalf of which the personKacted, 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 \DYw xa ® � Place Notary Seal Above 51gratuib of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to_pemons 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R IGHT-THUMBPRINTj 'OF. SIGNER" _ Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General CI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TiIGHT�THUMBPRINT �` OF. SIGNER 02007 National Notary Association, 9350 De Soto Ave., P.0 Box 2G2•Chmdyauth,CA 91313-2402-w Nabonaftlaryorg Item X5907 Reorder: Call Tol4Free 1- B00- 876-6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT curt. CODE § 7189 State of California County of SaA b12ao On before me, C_ arb S . W44 N o�G ✓H Date Here Inse a an Tire of the Officer personally appeared T l iA Q CAROL S.LEGG ffi Commission p 1934186 z , -o Notary Public •California z z San Diego County My Comm. Expires ApN28,.2015+ Plane Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personj* whose nameW subscribed to the within instrument and acknowl &daed to me that 1ie�he/ w executed. the same In >is(her hair authorized capacity(ios), and that by t)ie hair signatures) on the instrument the person(o, or the entity upon behalf of which the person(aracted, 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: Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable; to persons relying on the document and could prevent fraudulent removal and reattachment of this faith to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate.officer— Title(s): ❑ Individual ❑ Partner — D Limited O General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top or thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2010 National Notary Association • NationalNotary.org • 1800 -US NOTARY (1 -800- 876 -6827) Item CALIFORNIA ALL - PURPOSE State of California County of tan C`JIPOUO On e(N - DM6-y' y 016 before me, Dale personally appeared SHEILA R. COBIAN Commlaalon r! 2020989 = Notary.Puotie • CaIHorlUa Z San Olapo County Comm. Ex iraa May 10.2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(5j'(6k:e- subscribed to the within instrument and acknowledged to me that Ii s e/ xecuted the same n ' er heir authorized caps i (iesj, and that by =their their signature(Sf on the instrument the persoW, or the entity upon behalf of which the persortW 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 xU1L-L-t & R. ( X ,(w--� Stgrelure of Notary Public OPTIONAL Though the information below is not required by law, 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer —Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT, OF.SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT'T=!`'P "K.- LEI 02007 National Notary Ateodation• 9350 De Solo Aro,PO. Box 2402•Chatsworlh,CA 913132402 -w Naliona1NotaryoBj Item N59W Reorder: Call Tnl4Free 1.80()-8766827 EXHIBIT `A' LEGAL DESCRIPTION: SEWER LINEXASEMENT APN 323 - 180 -54 THE EASTERLY 20.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 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. PREP RED BY: wv." clkl'ac' ia. eses TEVEN E. STRAPAe, P.L.S. 8566 �r� r!a I r � I \\��— r r I r rJ� r� f� EXHIBIT "B" SEWER EASEMENT PLAT APN 323 - 180 -54 e r� - 99.73' — — — — I i?� I Q (j I OD ��LJ I rn to I v A N (�� � I 99.28' I I 01 \I )\t /�Np.L LAryO� C��� �� E ' ST,Q GAG rnA No. 8566 � OF t I I A NO'0 20 W 99.28' �c , sl I BASED I ON R.O.S. 19696 I I 01 \I )\t /�Np.L LAryO� C��� �� E ' ST,Q GAG rnA No. 8566 � OF t CERTIFICATE OF ACCEPTANCE SEWER EASEMENT APN 323 - 180 -54 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: QQe,, a � % from Craig D. Page and Barbara A. Page, (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. Dated: CITY OF POWAY Seal: By: Sheila R. Cobian, CIVIC, City Clerk