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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. g5 • P.O.0 �' / E 50• � Sw -13 3��J� CORNER N q W PAR 1 �� N PArIC81- .3 �\ MAP 11135 �X 173 3AGI SITE 0' p� "AO OY OW 20 0 20 40 60 Ovo y o vZ ROPO E` a I c l J =0015 ooeQ O V Vk tu ROAD R. W. NO. - MORA NO. 1J-009 ESPOLA ROAD - D BRIDLEWOOD BASE MAP . . COFFEY ENGINEERING, INC. ROAD SCALE: 1" = 20' DATE: SER 0 Lb ELI L 16L2014 VICIN17 YMAP THOMAS BROTHERS, 1150 -J6 NO SCALE S 4707 °00•N F iy PAJ-- iC-F ;7 fl N MAP 12 471 Ni- LAND S :P.O.B ' 4\E1R) I ��55��a S. COAnG� F1 °� No. §13 / �T9 N r F OF p \ 20 0 20 40 60 SCALE: 1 " =20' PROJECT RUSCZYK RESIDENCE WATER EASEMENT REFERENCES: PROJ. NO. c l J =0015 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