Grant of Water Easement 2016-0616311q�
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R 8 T Code 11922
(Conveyance to a Government Agency)
DOC# 2016 - 0616311
IIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111IIIIIIIIIIIIIIIVIIIIIIIIIII
Nov 14, 2016 08:14 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
for Recorder's
PAGES 9
Tech Business Center Ventures, L.P. (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.
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
Grant of Water Easement / APN: 320 - 220 -06 & 320 - 220 -07
Page 2
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 WITNESS WHEREOF, the GRANTOR has executed this Easement this 701 day of
A,, r, ' .,2016.
OWNER: Tech Business Center Ventures, L.P.
By, / Date: III-11(b
Theodore Tchang
Its: President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney 1 f
"L Date: /A r.l t7llW b&_ '14v
Morg L. I , City A orney
Kl EngseMLand Development Projects2016.ESMT16 -0005 Poway Corp CtrPCC Lots 6 & 7 Water Easement. DOcxESMTI6-005�PCC
Lots 6 & 7 Water Easement.dcc
Grant of Water Easement / APN: 320- 220 -06 & 320- 220 -07
Page 3
F W9Y
CERTIFICATE OF ACCEPTANCE -
f �!� TlfEr
Grant of Water Easement co,P'
APN: 320 - 220-06 & 320 - 220-07
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 1\)e fnberz• Kolb
from Tech Business Center Ventures, L.P., (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: CITY OF POW"
Seal: BY: �
Nanc Ne el , CMI , City Clerk
M: \Engserv;Land Development Projects \201&,ESMT16 -0005 Poway Corp Ctr•PCC Lots 6 & 7 Water Easement.DocxESMT16- 005•.PCC
Lots 6 & 7 Water Easement doc
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of SOO tI-E6-0 )
On 1NDVe -Yr g, 20) (D before me,
Date Here Insert Name and Title of the Officer
personally appeared Tl__�cCIcSa re- TC�2ca�
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(f) whose name( *) is/am
subscribed to the within instrument and acknowledged to me that he /ske/they executed the same in
his/her /their authorized capacity(i*s), and that by his/her /t4oir signature(s) on the instrument the person(*),
or the entity upon behalf of which the person(s) acted, executed the instrument.
NANCY C. LANE
Commission # 2117968
-s^ Notary Public - California i
i San Diego County >
My Comm. Expires Jul 26, 2019
Place Notary Seal Above
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_ c �
Sigina(!# of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document I ,
Title or Type of Document: 6 r4,4-of �I�r Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
CI Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee L7 Guardian or Conservator
L-1 Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
:1 Partner — ❑ Limited ❑ General
Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
"EXHIBIT A"
LEGAL DESCRIPTION
WATER EASEMENT
BEING A PORTION OF MERGED LOTS 6 AND 7 PER COVENANT OF PROPERTY MERGER (M16-
001) RECORDED AUGUST 23, 2016 AS DOCUMENT NO, 2016 - 0435619, O.R. OF CITY OF POWAY
TRACT 86- 02R(2), POWAY CORPORATE CENTER UNIT 2 & 3, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13944 ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 13, 2000 AS
INSTRUMENT NO. 2000. 126910, OF OFFICIAL RECORDS, BEING A STRIP OF LAND 20.00 FEET
WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WHICH
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
WATER EASEMENT A
BEGINNING AT THE NORTHWEST CORNER OF LOT 6 OF SAID MAP NO, 13944, SAID POINT ALSO
BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF COMMUNITY ROAD (63.00 FEET WIDE) AS
DEDICATED ON SAID MAP NO. 13944; THENCE NORTHEASTERLY ALONG SAID RIGHT -OF -WAY
LINE OF COMMUNITY ROAD, NORTH 85 °33'28" EAST A DISTANCE OF 138.95 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT -OF -WAY LINE OF
COMMUNITY ROAD, SOUTH 04 026'30" EAST A DISTANCE OF 54.00 FEET TO A POINT
HEREINAFTER KNOWN AND DESIGNATED AS POINT "A "; THENCE NORTH 85 °33'30" EAST A
DISTANCE OF 108.64 FEET; THENCE SOUTH 49 °26'30" EAST A DISTANCE OF 125.91 FEET;
THENCE SOUTH 06 °48'30" WEST A DISTANCE OF 63.49 FEET TO A POINT HEREINAFTER KNOWN
AND DESIGNATED AS POINT "B "; THENCE CONTINUING SOUTH 06 °48'30" WEST A DISTANCE OF
49.22 FEET; THENCE SOUTH 29 °18'30" WEST A DISTANCE OF 53.56 FEET; THENCE SOUTH
45 °04'57" WEST A DISTANCE OF 146.19 FEET; THENCE NORTH 89 °55'03" WEST A DISTANCE OF
54,63 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "C "; THENCE
CONTINUING NORTH 89 °55'03" WEST A DISTANCE OF 247.18 FEET; THENCE NORTH 44 °55'03"
WEST A DISTANCE OF 122.69 FEET; THENCE NORTH 04 °26'30" WEST A DISTANCE OF 86.36 FEET
TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "D "; THENCE CONTINUING
NORTH 04 °26'30" WEST A DISTANCE OF 134.75 FEET; THENCE NORTH 87 °15'01" WEST A
DISTANCE OF 32.84 FEET; THENCE NORTH 02 °44'59" EAST 66.00 FEET TO A POINT ON SAID
SOUTHERLY RIGHT -OF -WAY LINE OF COMMUNITY ROAD, SAID POINT ALSO BEING THE POINT
OF TERMINATION.
THE EASTERLY AND WESTERLY SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND TO BE
EXTENDED OR SHORTENED TO TERMINATE AT SAID SOUTHERLY RIGHT -OF -WAY LINE OF
COMMUNITY ROAD.
ALSO, BEGINNING AT SAID POINT "A "; THENCE SOUTH 85 °33'30" WEST A DISTANCE OF 153.58
FEET TO THE POINT OF TERMINATION.
WATER EASEMENT B
BEING A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "B "; THENCE NORTH 83 °11'30" WEST A DISTANCE OF 23.66 FEET TO
THE POINT OF TERMINATION.
WATER EASEMENT C
BEING A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "C "; THENCE SOUTH 00 °04'57' WEST A DISTANCE OF 27.61 FEET TO
THE POINT OF TERMINATION.
WATER EASEMENT D
BEING A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "D "; THENCE NORTH 85 °33'30" EAST A DISTANCE OF 18.50 FEET TO
THE POINT OF TERMINATION.
SAID EASEMENTS CONTAIN 30,312 SQUARE FEET DR 0.694 ACRES MORE OR LESS.
91��'
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ALA . R AM, PLS 7619 DATE:
MY LICENSE EXPIRES 12/31/16
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EXHIBIT "B"
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Sher 1 or 3
LEGEND:
P.O.B.
scR`ees
INDICATES POINT OF BEGINNING
SITE KIRKI
T. P.O. B.
INDICATES TRUE POINT OF BEGINNING
P.O.T.
INDICATES POINT OF TERMINATION
_R—
INDICATES PROPERTY BOUNDARY
— —
INDICATES EASEMENT AREA 0.694 ACt
VICINITY MAP:
—� —
INDICATES CENTERLINE
NOT TO SCALE
�—
INDICATES RIGHT —OF —WAY
NOTES:
1. LOTS 6 & 7 HAVE BEEN MERGED PER COVENANT OF
PROPERTY MERGER (M16 -001) RECORDED AUGUST 23,
2016 AS DOCUMENT NO. 2016 - 0435619.
2. THE BEARINGS AND DISTANCES SHOWN HEREON ARE
FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT
INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE
EXHIBIT A° LEGAL DESCRIPTION FOR CONTROLLING CALLS
AND INTENT.
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ALAN EAM
L.S. NO. 7619
a MY REGISTRATION EXPIRES: 12 -31 -16
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320- 220 -07
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APN(S): 320 - 220 -06
` 320 - 220 -07
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WATER EASEMENT
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Document No.
Date: 1012712016
EXHIBIT "B"
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WATER EASEMENT 'D'
DETAIL 'A "
NOT TO SCALE
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DETAIL 'C"
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� San Diego, 92101
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Scale: NONE
a APN(S): 320 - 220 -06 WATER EASEUENT
411 320- 220 -07
SKEET 3 OF 3
POINT C'
Drown By. RJD
Document No. _ —_
Date: 1012712016