Grant of Easement for Water 2014-0194560l�
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
Tax Parcel No. 314 - 193 -11
D 0 C # 201 4 -01 04560
II I II I III IIII III II I III I IIII II II
MAY 13, 2014 9:01 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 9
(For Recorder's Use Only)
GRANT OF EASEMENT FOR WATER
'(No Documentary Transfer Tax Due)
Arlene S. Grosely and Julia EtheWacobson, as Co- Trustees of the Grosely Trust, dated August
15, 2008 (hereinafter "GRANTOR "), hereby grants to CITY OF POWAY (hereinafter
"GRANTEE "), its successors, or assigns, an easement 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, together with all related-
fixtures and appurtenances, at:such' locations and elevations, upon, along, over, and under the
lands described below as GRANTEE may now or hereafter determine in its sole discretion,
without any additional compensation therefore, together with the right of ingress and egress
from said 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 the GRANTEE's rights -of -way
situated in adjacent lands, without any additional compensation therefore.
The land encompassing this easement is situated in the City of Poway, County of San Diego,
State of California, and is more particularly described as follows:
(See attached Exhibit "A" — Legal Description and Exhibit "B" — Plat)
GRANTOR, his 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 anyother vegetation ;orflora °within said easement withoutthe, express writtemapprovaj ` of
the City, of Roway as evidenced',tiy.the signature of the Director of Development Services on an
approved plan. GRANTOR, his 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 the GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipelines
or other facilities within the boundaries of this easement, 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 or GRANTOR's heirs, successors, or
Iy- p25
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 Easement, 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 the GRANTOR has the power to grant this
easement in accordance with his terms.
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IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
day of Z. , 2014.
Grosely Trust dated.August 15, 200&
By Arlene S. Grosely w
�ti:.L� 9. 2aiy
D6te
Ay' Julia Et Jacobson ustee) Date �
(Signatures must be notarized. Attach Notary form.)
CITY OF POWAY:
Tina M. White, Interim City Manager Date
Approved as to Form
Office of the City Attorney
a Aft i, ' 14
Morg L. ey Date
M:ACIP_DevelopmernACIP ProjectsV1744C Fire Protection Upgrades ( 2009- 2010)Tasements\Meter. EASEMENT-13624 Vian amended.doc
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On April 28, 2014 before' me; CaroliSjegg,Notary Public, personally'appeared
Tina M. White, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person 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.
CAROL S. LEGG
Q Commissin # 19316 Notary Public - .California z z San Diego County >
My Comm. Expires,Apr28,I20151
OPTIONAL
la4v
Carol S. Legg, Notary ti lic
Title or type of document: Grant of Easement for Water, APN 314- 193 -11, Arlene Grosely and
Julia Jacobson as Co- Trustees of the Grosely Trust (GRANTOR)
Document Date: April 9, 2014
Number of Pages: 2 pages plus�Exhibits A and B
Signers Other Than Named Above: Arlene Groseley and Julia Jacobson
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement
dated: April 9, 2014, from Arlene S. Grosely and Julia Ethel Jacobson, 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- ) C( CITY OF POWAY
Seal: By: A I 9 b Q R l cl �.
Shea R. Cobian, CIVIC, City Clerk
MACIP_Development \CIP Projects \1744C Fire Protection Upgrades (2009- 2010) \Easements \certificate of acceptancecity_Gomez
metecdoc
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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State of California f�yy 1
County of�
On � \\ `q I before me,
Date \ n (C� Y) Here Insert Name and Title of the Officer
personally appeared �U \ o � ` � V
Name
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Place Notary Seal Above
who proved to me on the basis of sa11 a tory
evidence to be the personla) whose name is re
subscribed to the in instrument and,acknowle ged
*ier hat he (she hey executed the, same in
eir authorized capacity4i<_ , and that by
eir sig natur*) on the instrument the
person(pr or the entity upon behalf of which the
person( yacted, 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 hancjand official seal,/
OPTIONAL
Though this section is optional, completing this informa
fraudulent reattachment of this form to
an
150TRI'MUF.,VAfT75
the document or
Description of Attached Document ^ Q �I�,1'^ ry r ❑
Title or Type of Document: C'\Yll* () � `� N D C ment Date: I 10i I I
Number of Pages: Z Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
-2t9-Fndividual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2013 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
• ALL-PURPOSE • 1
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On 7� L Q before me, 70NyZ Z15 Date _ _ Here Insert Name and Tee of Me Officer
personally appeared
PHYLLIS SHINN
Commission a 19,56215
`� Notary. Public - California i
San.Diego County s
MY Comm. Ex Tres Nov 9. 2015 !
Place Notary Seal Atw.s
who proved to me on the basis of satisfactory evidence to
be the person( whose name(o is/aKsubscribed to the
within instrument. and acknowledged to me that
*she/th)Ky executed the same in er /tt*r authorized
capacity(t*, and that by F s/her/tlr signature( on the
instrument the person(, or the entity upon behalf of
which the person(hk 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
Signature of Notary Pudic
OPTIONAL
Though they 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: y S✓%/V% V/ %7JG VC17 GN / fl"t
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Document Date: T /�R /,L- � Z691 Y Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signet's Name:
❑ Individual
• Corporate Officer— Title(s):
• Partner — ❑Limited ❑.General
❑ Attorney in,Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHIIMBPRINT
OF.SIGNER:
Signer's Net
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT" MBPRINT
OFSIGNZNF
02007 National Notary Association•9350 be Soto Ave., P.O. Box 2402 • Chebma0h, CA 9131 &2402•..1ilationelflolaryoM Item #5907 Reorcer:Qd Tdl- FreelE 76 7
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 314 - 193 -11
VESTING: FRANK J. GROSELY, JR. AN_ D ARLENE S. GROSELY, TRUSTEES OF THE GROSELY TRUST
DATED AUGUST 15, 2008.
THAT PORTION OF THE NORTH HALF, OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19,
1880, DESCRIBED IN QUITCLAIM DEED TO FRANK J. GROSELY, JR. AND ARLENE S. GROSELY,
TRUSTEES OF THE GROSELY TRUST DATED AUGUST 15, 2008,, RECORDED OCTOBER 7, 2008 AS
DOCUMENT NO. 2008 - 0526855'OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THE SOUTH 30.00 FEET OF THE EAST 70 FEET OF THE WEST 320TEET OF SAID NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO'MERIDIAN,
EXCEPTING THEREFROM THE EAST 63.00 FEET THEREOF
ALSO EXCEPTING THEREFROM THE SOUTH 20.00 FEET THEREOF.
CONTAINING 70 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A'PLAT LABELED EXHIBIT `B ".
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL L. SCHLUMPBERGER, PLS 7790
0",6e- ZS, zo /3
DATE
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N \� No. 7790 OP
OF CALF
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EXHIBIT "B
- - - -
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320.00' i278.00' _
APN: 314- 193 -11
DOC. NO.
2008 - 0526855
--- - - - - -- 70.00' SEC 129 Il(�Il43p
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63.00'
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------------------
_ - VIAN _ROAD _ _ - - - - -- - - - -- -- - - --
I N
O O
OI O
THIS PLAT WAS PREPARED BY ME OR
UNDER MY DIRECTION IN CONFORMANCE WITH
PROFESSIONAL LAND SURVEYOR'S ACT.
L.
PLS 7790
Right -Of -Way Engineering Services, Inc.
615 S. Tremont Street • Oceanside, CA 92054
(760) 637 -2700 FAX (760) 637 -2701
File Nome: Powoy -WL Upgrades Vion Rood Esmts.dwg
Job No. 1108 - 0043 -02
SCALE: 1"=100'
DENOTES WATER.
EASEMENT ACQUISITION
SEE SHEET 2.
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
EXHIBIT "B"
APN: 314- 193 -11
DOC. NO. 2008- 0526855
320.00'
70.00'
SCALE: 1 " =20'
G°30o S 19377
20' WIDE CITY OF POWAY T 14 WATER PIPELINE EASEMENT SEC `'9 " fc,�l
9
REC. 12/27/2012 AS DOC.
2012- 0817272 O.R.
63.00' I1T1 CS �1 p �J o uVu
--------- q\AA11N — — — — — — — — — — — — — — — — — — — —
O N
O
ROAD °o 5' WIDE PACIFIC TELEPHONE & TELEGRAPH EASEMENT REC.
12/31/1969 AS F/P 236810 O.R.
WIDE PRIVATE. ACCESS EASEMENT RESERVED IN BK. 2853, PG. 71,
REC. 6/29/1948 & BK. 2741, PG. 71, REC. 4/05/1948 BOTH O.R.,
I AND 15' WIDE PRIVATE PIPELINE EASEMENT PER SK. 5637, PG. 348,
REC. 5/10/1955 & F/P 35492 REC. 3/1/1968 BOTH O.R.
20' WIDE PRIVATE ACCESS, UTILITY &
PIPELINE EASEMENT REC. 9/28/1970
AS F/P 176223, AND 20' WIDE PRIVATE
ACCESS EASEMENT PER BK. 6133, PG. DENOTES WATER
301, REC. 6/8/1956 BOTH O.R. EASEMENT ACQUISITION
70 SQ. FT. MORE OR LESS
NOTE: DATA SHOWN HEREON IS BASED
ON RECORD OF SURVEY 19377.
Right —Of —Way Engineering Services, Inc.
615 S. Tremont Street • Oceanside, CA 92054
(760) 637 -2700 FAX (760) 637 -2701
File Name: Poway -WL Upgrades Vion Rood Esmts.dwg
Job No. 1108- 0043 -02