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
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(Signatures Must Be Notarized)
City of ) "ktb
Tina White, Acting City Manager
Approved as to Form:
Office of the City Attorney
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Morga L le ; City ttorney
93 '/?
Date
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CALIFORNIA ALL - PURPOSE
State of California
County of L
On before me, Q, i/a . Cbbla.
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personally appeared
rA SHEILA A. COSIAN
Commission 20!
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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
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• Corporate Officer— Title(s):
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❑ Other:
Signer Is Representing:
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Number of Pages:
Signer's Name:
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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
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My Comm. Expires ApN28,.2015+
Plane Notary Seal Above
who proved to me on the basis of satisfactory
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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:
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❑ Attorney in Fact
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❑ 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:
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® 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
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and could prevent fraudulent removal and reattachment of this form to another document.
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Signer's Name:
❑ Individual
• Corporate Officer —Title(s): _
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
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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:
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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:
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SEWER EASEMENT PLAT
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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