Grant of Water Easement 2014-0431349RECORDING REQUESTED BY
277 - 020 -21
D O C # 201 4 -0431 349
1111111111 III IIIII III I I II II IIIII II I III IIIII IIIII III III
OCT 03, 2014 3:32 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
for
Rusczyk Living Trust 10 -13 -08 (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 a pipeline and pipelines and appurtenances
thereto, 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 City of Poway, 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 HEREOF)
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.
c
CITY OF POWAY
t
1
yQ WHEN RECORDED MAIL TO:
Q'7
l I
CITY CLERK
N
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
� CU'
277 - 020 -21
D O C # 201 4 -0431 349
1111111111 III IIIII III I I II II IIIII II I III IIIII IIIII III III
OCT 03, 2014 3:32 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
for
Rusczyk Living Trust 10 -13 -08 (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 a pipeline and pipelines and appurtenances
thereto, 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 City of Poway, 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 HEREOF)
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.
c
Grant of Water Easement / APN: 277 - 020 -21
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 that exist 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 W TNESS WHEREOF, the GRANTOR has executed this Easement this 2Y day of
�,SbYZ 2014.
OWNER: Rusczyk Living Trust 10 -13 -08
By: �` Date:
Vanessa Rusczyk ustee
By: Yf Date: 1/7 3 Z/±
Richard Rusczyk Z rustee
(Signature(s) Must Be Notarized)
Approved as to Form:
Office of the City Attorney
"C"g, Date:- `d►l?2 (Q
MorgAn L. of City torney
City f
M- \EngsewLand Development Frolects\2013\G13 -0015 RusczykMater Easement. Docx
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 277 - 020 -21
This is to certify that the interest in real property located in the City of Poway conveyed by the
Grant of Easement described in the attached document dated -1 iE- IB6 23, 2019
from Rusczyk Living Trust 10- 13 -08, (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: I CITY OF POWAY
Seal: By:
Sheil R. Cobian, CIVIC, City Clerk
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 5a rl ieAO
IJ
On Q/a3l1 Ll before me,
personally appeared
(Here insert name
who proved to me on the basis of satisfactory evidence to be the person(s) whose namoo(s)(s41tpi subscribed to
the within instrument and acknowledged to me that W&they executed the same in his4gPeir authorized
capacity(iperand that by er theirsignatureFs) on the instrument the person(.4, or the entity upon behalf of
which the person(s 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. �It� 0I
commission • 2020389
Notary Public - cautiornia
WITNESS my hand and official seal. San oiapo County
.1601 ^�- /'j�s'[J U , M Comm. E m Ma 10, 2017
j(,(� V � ` ` _n �� (Notary Seal)
Signature of Nliery Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attomey -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v 12.10.07800- 877 -9865 www. NotaryClasses earn
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is Illegal for a notary in
California (i.e certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form f required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must print his or her time as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
hdshe /they; is lire ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
J Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date
b Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title it e. CEO, CFO, Secretary)
• Securely attach this document to the signed document
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of " n 1�(
On q/ Gk 3) I ti before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)'whose' name are-subscribed to
the within instrument and acknowledged to me that&shekh" executed the same in uthorized
capacitykie9j, and that by(Qherltl+eir signature(syon the instrument the personK, or the entity upon behalf of
which the person(pj 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. SHEILA R. COSIAN
Agatha. Commission as 2020389
WITNESS my hand and official seal. Notary Sn Deg Cou^tyrni,
Diego County
Comm. a Ma t 0, 2017
SignaNre of N O
he (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Tide or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
20O8Version CAPAv12.1U07800- 873 -9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate ackrowledgment form must be
properly completed and attached to that document The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does nor require the notary to do something that is illegal far a notary in
California (i.e. certfying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
helshe /they is late) or circling the coned forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or fines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment forth.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•b Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached documem, number of pages and date.
A Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
EXHIBIT `A'
ALL THAT PORTION OF PARCEL I OF PARCEL MAP NO. 12471 IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
DECEMBER 13, 1982 AS FILE NO. 82- 380174, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF SAID PARCEL
MAP, THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID
PARCEL 1 NORTH 73034'11" EAST A DISTANCE OF 50.35 TO A POINT ON A
NON - TANGENT 390.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
THE RADIAL OF WHICH BEARS SOUTH 75 006'42" EAST, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING,
THENCE LEAVING SAID SOUTHERLY LINE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 10 056'27" AN ARC DISTANCE OF
74.47 FEET; THENCE SOUTH 64'10'15" EAST A DISTANCE OF 20.00 FEET TO
THE BEGINNING OF A NON - TANGENT 370.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 09002'13" AN ARC DISTANCE OF 58.36
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1, THENCE
SOUTHWESTERLY ALONG SAID SOUTHERLY LINE, SOUTH 73 °34'11" WEST,
A DISTANCE OF 23.65 FEET TO THE TRUE POINT OF BEGINNING.
THE WESTERLY ARC BOUNDARY OF THE DESCRIBED LAND IS TO BE
COTERMINUS WITH THE EASTERLY ARC BOUNDARY OF AN EASEMENT
FOR WATERLINE PURPOSES RECORDED JUNE 19, 2001 AS FILE NO. 2001-
0410325.
JOHN S. C
LS 8733 EXPIRES 12/31/14
16 l mL
DATE
' 44�y\ t1a 5.
9I fib/ IN �`
No. 8733
OF CALF/
SITEADDRESS EXHIBIT B'
18575 WILD HORSE CREEK 15
POWAY CA 92064 -6611
APN
I
277 - 020 -21
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE
SOUTHERLY LINE OF PARCEL 1 OF MAP 12471. RANC
I.E. S 73.34'11 " W BERN
ROAD
EX EASEMENT FOR
WATER LINE AND
APPURTENANCES
`O 6/19/2001,
co INSTRUMENT NO.
PAr�Crl fl o) 2001-0410325 O.R.
IIIAP 11135 _ /
N
°° PArI r� 1 1
MAP 12471 l �
ZI
EX EASEMENT
FOR
CONSTRUCTION,
MAINTENANCE
AND INGRESS oi�•N
AND EGRESS FOR rn,a�i
ROAD AND �^
PUBLIC UTILITY
AND '\
APPURTENANCES 30 �
/
2/11/1987,
INSTRUMENT NO. I /
1987 - 0682739
0. R.
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P.O.0 �' / E 50• �
Sw -13 3��J�
CORNER N q W
PAR 1 �� N
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BASE MAP
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. COFFEY ENGINEERING, INC.
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SCALE: 1" = 20'
DATE:
SER 0 Lb ELI L 16L2014
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SCALE: 1 " =20'
PROJECT RUSCZYK
RESIDENCE WATER EASEMENT
REFERENCES:
PROJ. NO.
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PLAT
R. W. NO.
-
MORA NO. 1J-009
TAX PAR.
_277-020-21 _
-
BASE MAP
.
. COFFEY ENGINEERING, INC.
SCALE: 1" = 20'
DATE:
SER 0 Lb ELI L 16L2014