Grant of Easement Water 2013-0733951APN: 278 - 240-36
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)
William M. Porada and Angelica Porada, 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:
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
13-105-
3- 1 bS
D Q C # 2013-0733951
RECORDING REQUESTED BY:
DEC 23, 2013 3:03 PM
/J
CITY OF POWAY
,(/A„
OFFICIAL RECORDS
q
SAN DIEGO COUNTY RECORDER'S OFFICE
IU/
U
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
AND WHEN RECORDED MAIL TO:
OC: NA
CITY CLERK
` {�
PAGES: 7
CITY OF POWAY
lv
P.O. BOX 789
IIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIII
POWAY CA 92074
I'
O(This
Space for Recorders Use)
APN: 278 - 240-36
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)
William M. Porada and Angelica Porada, 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:
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
13-105-
3- 1 bS
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 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.
ITNESS WHEREOF, the GRANTOR has executed this Easement this 4 4h day of
2013.
William M. Porada and Angelica Porada, Husband and Wife as Joint Tenants
ilfiar`ii M. Pora(da
By �� acE V4�4)
Ardgelica Porada
(Signatures Must Be Notarized)
Approved as to Form:
Office of the City Attorney
6wo"k
Morg L. I y, City ttorney
M: \engsery \Land Development Projecls\2013 \TPM05 -01 \Water 278- 240- 36.docx
15�O�og�'f3
Date
s-e�a- lvae� 0-&-
Certificate of Acknowledgment
State of California }
ss.
County of San Diego }
On 0(' -Vi q4h 2013 before me, R. McIntyre, Notary Public,
personally appeared WII�(LtYT��r%�pOt(otd
who proved to me on the basis of satisfactory evidence to be the person(O"vhose
name(V�is /are - subscribed to the within instrument and acknowledged to me that
he /ahe,ltkrep executed the same in his /herFtheir authorized capacity, and that
by his /+herd signatureWon the instrument the person(5.!or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the Paws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and official seal
R. MCINM f
COn"Mssion No. n,
NOTARY:. PUBLIC - CALIFORNIAI
SAN DIEGO COUNTY
Signature " — ,! (Seal)' C°mm°"°"F.*"Au"19,2017
Title of Document Attached to:�Y�✓�� �GRY�
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before -me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the perso se name(s )(is are subscribed to
the within instrument and acknowledged to me that he/ &they executed,the same in his/Qr /their authorized
capacity6es), -and that by hisWtheir. signature(s� the instrument the person(s)roc the entity upon behalf of
which the person(s)-aoted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of thb State of California that the foregoing paragraph
is true and correct. a
WITNESS my hand and official -seal.
��1� n 7v✓�y '
Signpdire_of Notary Public
.srsewaaaaaan�ya
v ic, S.K. GILL- BROWNELL t
'T.... COMM. #1995561 W
Notary Public - California
G
(Notary Seal) MY 6aion Pire DIEGO
6 NN. 23, 2016 e
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM.
DESCRIPTION OF THE�ATfACHFD DOCUMENT
lT✓�41N/ L /' L`ts
(Title or dEscription of attacked doebment)
(Title or description of attached document continued)
Number of Paged Document Date_!4./�
col
(Additional information)
CAPACITY CLAIMMD BY THE SIGNER
-�g
Individual (a)
❑
Corporate Officer
(Tilley
❑
Partner(s)
• .
Attomey -in -Fact
•
Trustee(s)
•
Other
;, 1008 Vera10n l;AYA VIZ.IV.VIeW- a /! -YaoJ www.norarycnassw.com
Airy aMoMledgment completed In Calfornta must can raln verbiage exactly as
oppears above„ in: (he notary section or a separate acknowledgment form must be
properly completed and attached to that docmnent. The only uception is f a
document is to be recorded outside, of Cal farrier. In such' Instances. any alternative
acinowlet(gment verbiage as"may baprinted on such a docimtent so long as the
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Cdformar (le. cerr&ng the outhorized egxchy of the signer). Please check the
document carefully for proper notarial wordingand attach this form tf required.
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signer(s) personally appeared before the notary . public for acknowledgment.
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most also be the same date the acknowledgment is completed.
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commission followed by a comma and then you title (notary public).
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notariration. I
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hdshehhey—. Js /ere ) or circling the correct forms. Failure to correctly indicate this
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• The notary seal impression must be clear and photographically reproducible.
Impression must nal cover text or lines. If seal impression smudges, reseal if a
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• Signature of the notary public must match the signature on file with the once of
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C Additional 'information is not required but cold help to ensure this
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4 Indicate title or type of attached document, number of pages and date.
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corporate officer, Indicate the title (Le. CRO, CFO, Secretary).
• Securely attach this document to the signed document
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 -36 in the City of Poway
conveyed by the water easement described in the attached document dated:
&T0 &�2 7, ZV 12 from William M. Porada and Angelica Porada, 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: '-3-11 CITY OF POWAY
Seal: By: 1 Jam(2 a 1-( I-- -_
Sheilb R. Cobiari CMC
City Clerk
City of Poway
EXHIBIT `A'
LEGAL DESCRIPTION: WATER LINE EASEMENT
APN 278 - 240 -36
ALL THAT PORTION OF PARCEL 2 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 2, THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 69 °51' 13" EAST,
21.00 FEET TO AN ANGLE POINT THEREOF; THENCE CONTINUING ALONG
SAID NORTHERLY LINE NORTH 79 029'44" EAST, 89.56 FEET; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 69 °51' 13" WEST, 114.97 FEET TO A
POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE ALONG SAID WEST
LINE NORTH 00 035'27" EAST, 16.04 FEET TO THE POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON PM 19055.
PREPARED BY:
WILLIAM C EN, RCE 33730
a��
LINE DATA
NO.
BEARING
EXHIBIT'B'
L1
'N86'40'49'E
81.49'
L2
WATERLINE EASEMENT PLAT
21.00'
L3
N6TS1'13 "E
APN 278 - 240 -36
a
n
a
V)
AFN 278- 240-40
�q ^E 129.7 40.22'
L7
L2
%\
N79.29.
g9 56
P.O.B.
'16.04
o0
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0 n1
W N
O
Na
W
to
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_WATERLINE
w
EASEMENT PCB 7
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DD #6
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LINE DATA
NO.
BEARING
LENGTH
L1
'N86'40'49'E
81.49'
L2
N69'51'13 "E
21.00'
L3
N6TS1'13 "E
114.97'
-:�- - 9--/3
NOTE: BOUNARY BEARINGS' AND DISTANCES ARE BASED
ON RECORD DATA ON MAP NO 19055
(%7
0
ty
ro
N
D-
1
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.
81 -21250 OF O.R., REC. 1 -22 -81
DD #3' PUBLIC UTILITIES EASEMENT PER INST NO.
82- 200306 OF O.R., REC. 6 -29 -82
DD #4 PUBLIC UTILITIES EASEMENT PER INST NO.
82- 205152 OF O.R., REC. 7 -1 -82
DD #5 PRIVATE ROAD AND UTILTTTY EASEMENT PER INST
NO. 03- 0572031 OF O.R., REC. 5- 15 -03
DD #6 PUBUC TRAIL .EASEMENT I.O.D. PER INST NO.
2006 - 0665985 OF O.R., REC. 9 -19 -06
DD #7 PUBUC UTILITIES EASEMENT PER INST NO. 108747
OF O.R., REC. 5- 25 -60, EASEMENT OUTSIDE OF
PLOTTED EXHIBIT
DD #8 PUBLIC UTILITIES EASEMENT PER INST NO. 118479
OF O.R., REC. 6 -9 -60, EASEMENT OUTSIDE OF
PLOTTED EXHIBIT
DD #9 PUBUC UTILITIES EASEMENT PER INST NO.
03- 572031 OF O.R., REC. 5- 15 -03, CANNOT BE
PLOTTED
DD #10 PUBLIC UTILITIES EASEMENT PER INST NO.
11- 0208728 OF O.R., REC. 4- 21 -11, CANNOT BE
PLOTTED
W01307