Grant of Easement Water 2013-07339451.4- Kel V 01PLa =iL1L6111 14.1:]'�
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
D Q C # 2013-0733945
II I I I I IIIII III IIIII IIII II I I I I III I II
DEC 23, 2013
3:02 PM
CITY CLERK
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CITY OF POWAY
COUNTY RECORDER
P.O. BOX 789
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POWAY CA 92074
PAGES: 7
D Q C # 2013-0733945
II I I I I IIIII III IIIII IIII II I I I I III I II
DEC 23, 2013
3:02 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr.,
COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
I (This Space for Recorder's Use)
APN: 278 - 240-35
GRANT OF EASEMENT
Water
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
Albert P. Scott III and Joelle E. Scott, Husband and Wife as Joint Tenants (hereinafter
"GRANTOR "), hereby grants to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or
assigns, the following described easements for a right -of -way, in, upon, over, under and across 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, 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:
(SEE ATTACHED'LEGAL DESCRIPTION EXHIBIT A AND PLAT EXHIBIT B
MADE A PART HEREIN)
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 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.
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
13-10(0
Grant of Easement
Water
Page 2
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,
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 be
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 day of
0ctlDIV✓ 2013.
Albert P. Scott III and Joelle E. Scott, Husband and Wife as Joint Tenants
Albert P. Scott III
By: tl_�)AaV Ar�r
Jtielle E. Sco
(Signatures Must Be Notarized)
Approved as to Form:
Office of the City Attorney
WengservV.and Development Pmjects12013UPM05-01 \Water 278- 24035.docx
45.616TV ; l 13
Date
Certificate of Acknowledgment
State of California }
S.C.
County of San Diego }
On —4- - 2013 before me, R. McIntyre, Notary Public,
personally appeared 7�� U`( QP1(rei( Cco++
who proved to me on the basis of satisfactory evidence to be the person vhose
name,(is /ar -- subscribed to the within instrument and acknowledged to me that
he /sha{� executed the same in hisf}terftheir authorized capacity(i , and that
by his /4ter/their• sign ature,0 on the instrument the person(g<or the entity upon
behalf of which the person(%jacted, 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
R. MUN TYRE fF
mm
$ coiiism No 2037800 �+
p NOTARY -0UBCIC CALIFORNIA
SAN OfEGO COUNTY
Commission F.�ies August 19,
Signature � (Seal) 2017
Title of Document Attached to: (�:Y/Gtr -+ P�CfViPI`i-
CALIFORNIA
State of California /f
personally appeared
ACKNOWLEDGMENT
CML CODE § 1189
who proved to 'me on the basis of satisfactory
evidence to be rson ) w a yis /aXe
subscribed to the within instrument and acknowledged
to me that hQ2L9WhVy executed the same in
Fteir authorizec!_as), and that by
h;tfpeir a u ) on' the instrument the
ers , or She entity upon behalf of which the
_pefsei ( acted, executed the instrument.
- PATRICIA S :0'SULLIVAN 1 certify under PENALTY OF PERJURY under the
a Commission # 1881922 laws of the State of California that the foregoing
z . -u. Notary Public California i` .paragraph is true and correct.
z San Diego Cg6nty
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My:Comm. . Expires Mar 22, 2014 WITNESS my hand and official seal.
Signature: U �
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Place Notary Seal Aoove Svarfure 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..Docu/raent �/
I„ Title or Type of Document: �, %.
Document Date: /O/�
Signer(s) Other Than Named Above: lnLl -t! rn�,
Capacity(ies) aimed by Signers)
Signer's Name: g
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❑ orporate O Ic
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❑ Attorney in Fact
❑ Trustee
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El Guardian or Conservator
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Signer Is Representing:
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❑ Corporate Officer - Title(s):
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❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 .2010 National Notary Association - NationalNOtary.org - 1- 800 -US NOTARY (1- 800 - 876 -682]) Item #5907
Grant of Easement
Water
Page 3
CERTIFICATE OF ACCEPTANCE
(Grant of Easement - Water)
This is to certify that the interest in real property located.at 278 - 240 -35 in the City of Poway
conveyed by the water easement described in the attached document dated:
OCT06L?< 7, 2012 from Albert P. Scott III and Joelle E. Scott, Husband and Wife as
Joint Tenants, 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, and the
Grantee consents to recordation thereof by its duly authorized officer.
Dated: I CITY OF POWAY
Seal: By: O
ShAla R. Cobian, CIVIC
City Clerk
City of Poway
EXHIBIT `A'
LEGAL DESCRIPTION: WATERLINE EASEMENT
APN 278 - 240 -35
ALL THAT PORTION OF PARCEL I OF PARCEL MAP NO. 19055, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARCEL MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 9, 2002, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89°28'04" EAST,
41.91 FEET TO AN ANGLE POINT THEREOF; THENCE CONTINUING ALONG
SAID NORTHERLY LINE NORTH 69 °51' 13" EAST, 336.08 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE EAST LINE
OF SAID PARCEL 1 SOUTH 00 035'27" WEST, 16.04 FEET; THENCE LEAVING
SAID EAST LINE 1 SOUTH 69 °51' 13" WEST, 335.36 FEET; THENCE SOUTH
13 °17'01" WEST, 19.70 FEET; THENCE NORTH 89°28'04" WEST, 46.14 FEET TO A
POINT ON THE WEST LINE OF SAID PARCEL l; THENCE ALONG SAID WEST
LINE NORTH 13 °17'01" EAST, 35.89 FEET TO THE POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON PM 19055.
PREPAR - BY:
r(NO WILLIAM C. EN, RCE 33730 33730
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WATERLINE EASEMENT PLAT
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LINE DATA
NO.
BEARING
LENGTH
L1
N89'28'04"W
41.91'
L2
N13'17'O1'E
19.70'
L3
N89'28'04"W
46.14'
L4
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35.89'
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EXISTING EASEMENTS
DD #1 ROAD AND PIPELINE EASEMENT PER BOOK 7674, PAGE 549
OF O.R., REC. 5 -21 -59
DD #2 PUBLIC UTILITIES EASEMENT PER INST NO. 108747 OF O.R.,
REC. 5 -25 -60
DD #3 PUBLIC UTILITIES EASEMENT PER INST NO. 118479 OF O.R.,
REC. 6 -9 -60
DD #4 PUBLIC UTILITIES EASEMENT PER INST NO. 81 -21250 OF
O.R., REC. 1 -22 -81
DD #5 PUBLIC UTILITIES EASEMENT PER INST NO. 82- 200306 OF
O.R., REC. 6 -29 -82
DD #6 PUBLIC UTILITIES EASEMENT PER INST NO. 82- 205152 OF
O.R., REC. 7 -1 -82
DD #7 OPEN SPACE EASEMENT PER INST NO 03- 568668 OF O.R.,
REC. 5 -15 -03
DD #8 PRIVATE ROAD AND UTILITIES EASEMENT PER INST NO.
03- 572031 OF O.R., REC. 5 -15 -03
DD #9 PEDESTRIAN AND EQUESTRIANT TRAIL EASEMENT PER INST NO.
03- 1369568 OF O.R., REC. 11 -13 -03
NOTE: BOUNARY BEARINGS AND DISTANCES ARE BASED
ON RECORD DATA ON MAP NO 19055 W01307