Grant of Access Easement 0616310GRANT OF ACCESS EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R 8 T Code 11922
(Conveyance to a Government Agency)
Tech Business Center Ventures, L.P. (hereinafter "GRANTOR "), hereby grants to the CITY OF
POWAY (hereinafter "GRANTEE "), its successors or assigns, an easement for ingress and egress
by a practical route or routes in, upon, over, or across the land described in Exhibit "A ", 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
GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand its
use of the easement beyond the easement boundaries described above.
DOC# 2016- 0616310
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IIIIIIIIIiilllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
Nov 14, 2016 08:14 AM
OFFICIAL RECORDS
RECORDING REQUESTED BY:
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
CITY OF POWAY
FEES $000
PCOR N/A
WHEN RECORDED MAIL TO:
PAGES. 7
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
(This space for Recorder's Use)
GRANT OF ACCESS EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R 8 T Code 11922
(Conveyance to a Government Agency)
Tech Business Center Ventures, L.P. (hereinafter "GRANTOR "), hereby grants to the CITY OF
POWAY (hereinafter "GRANTEE "), its successors or assigns, an easement for ingress and egress
by a practical route or routes in, upon, over, or across the land described in Exhibit "A ", 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
GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand its
use of the easement beyond the easement boundaries described above.
Grant of Drainage Access Easement / APN: 320 - 220 -06 & 320 -220 -07
Page 2
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 WpNESS WHEREOF, the GRANTOR has executed this Easement this day of
O V�iM —20116,
OWNER: Tech Business Center Ventures, L.P.
By, y�C Date: I I
Theodore Tchang
Its: President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date: 61- fJoyklNP�.1•f- "1ry
Morg L. F ley, City orney
c?� F
CERTIFICATE OF ACCEPTANCE -_-
fyF -.
M 1Engserv,Land Development Proiects'2016 %ESMT16 -011 PCC Lot 6 & 7 Drainage'•PCC Lots 6 & 7 Draina IN, -, � co`1`�
Easement.DocxESMT16-01 1'TCC Lots 6 & 7 Drainage Easement doc
Grant of Drainage Access Easement / APN: 320 - 220 -06 & 320 - 220 -07
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Access Easement
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 nk?Qembe( 3 olh
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 POWAY
Seal:
By: d
N cy eu Id, MC, City Clerk
M 1EngseN\Land Cevelopment Projects1P016%ESMT 16 -011 PCC Lot 6 & 7 Dramage\PCC Lots 6 & 7 Drainage
Easement. DocxESMT16- 0111PCC Lots 6 & 7 Drainage Easement doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
�t.a.S: M.:� - :�C'�tG'tt �' /c33fc2. /s�N'�NKNR�s�<!c�tic2td rKiCS. S.:�.:�2.:�ts�Ya c�Y J•ntc�tr�e.
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 '5 i
On ve -^ bc� 3, 20 \ (o
Date
personally appeared
before me, C, lz,-Q- , "03"C't-(alc--
-r� Here Insert Name and Title of the Officer
of Signers)
who proved to me on the basis of satisfactory evidence to be the person(S) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he /siwe /they executed the same in
his/her /their authorized capacity(W), and that by his/her /t#reir signature(* on the instrument the person(s),
or the entity upon behalf of which the person($) acted, executed the instrument.
NANCY C. LANE
Commission # 2117968
-u Notary Public - California
Z San Diego County
M Comm. Ex ires Jul 26, 2019 r
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 � &� V
Sign re 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
Title or Type of Document:6ra, -teF A, 06W Ew� Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
C J Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
Ll Trustee ❑ Guardian or Conservator
I I 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:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
"EXHIBIT A"
LEGAL DESCRIPTION
ACCESS 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:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, POINT ALSO BEING ON THE
SOUTHEASTERLY RIGHT -OF -WAY LINE OF COMMUNITY ROAD (63 FEET WIDE), ALSO BEING A
POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 289.00 FEET TO WHICH
A RADIAL LINE BEARS SOUTH 34 °17'31" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE
AND RIGHT -OF -WAY LINE THROUGH A CENTRAL ANGLE OF 12 °19'05" AN ARC DISTANCE OF
62.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHEASTERLY
RIGHT -OF -WAY LINE, SOUTH 22 °22'11" EAST A DISTANCE OF 92.12 FEET; THENCE SOUTH
06 °48'30" WEST A DISTANCE OF 187.53 FEET; THENCE SOUTH 29 °18'30" WEST A DISTANCE OF
48.34 FEET; THENCE SOUTH 32 °45'56" WEST A DISTANCE OF 50.36 FEET; THENCE SOUTH
49 °09'20" WEST A DISTANCE OF 107.67 FEET; THENCE SOUTH 22 °34'57- WEST A DISTANCE OF
35.64 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF SAID LOT 6, 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 SOUTHEASTERLY RIGHT -OF -WAY LINE OF
COMMUNITY ROAD AND SAID SOUTHERLY LOT LINE OF LOT 6
SAID EASEMENT CONTAINS 0.239 ACRES MORE OR LESS.
9�
vo. LS 7619
bp. 12/31/16
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ALA14WREAM, PLS 7619 DATE:
MY LICENSE EXPIRES 12/31/16
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EXHIBIT "B"
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LEGEND:
P.O.B. INDICATES POINT OF BEGINNING
T. P.O. B. INDICATES TRUE POINT OF BEGINNING
P.O.T. INDICATES POINT OF TERMINATION
—R— INDICATES PROPERTY BOUNDARY
INDICATES EASEMENT AREA, 0.239 AC.f
—Ii— INDICATES CENTERLINE
—EM— INDICATES RIGHT —OF —WAY
NOTES:
SHEET 1 OF 2
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.
4
ALAN �1
REAM
L.S. NO. 7619
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MY REGISTRATION EXPIRES: 12 -31 -16
CW Engineering • Emi mmld • W %veling
c. ® 2642 Avenue
San [);ego. C
w CA 92701
N (619)232 -9200 (619)232 -4210 Fax
Consu!tcnts. inc.
Scale: NONE
APN(S): 320- 220 -06
320- 220 -07
ACCESS EASEMENT
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VICINITY MAP:
NOT TO SCALE
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No. LS 7619
Exp. 12/31/16
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Document No.�_J
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LOT 7
CITY OF POWAY TRACT
86- 02R(2), POWAY CORPORATE
CTR. UNIT 2 & 3
LOT 6
MAP NO. 13944
S22'341 57 W
35.64'
P.O.T.
—AZ/ S49'09'20 "W
�— 107.67'
DRAINAGE ACCESS
EASEMENT
— — — — — 529'18'30 "W W
48.34'
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2442 Second Ave ^.:e
San Diego. CA 92101
!` (619)232 -9200 (619)232 -9210 Fav
Consu!m ^s, Inc.
Scale: 10 = 100'
APN(S): 320- 220 -06
s! 320 - 220 -07
!'45'56 "W
50.36'
522'22'11 "E
92.12'
187
R= 289.00
D= 12'19'05 " —
L= 62.13'
ACCESS EASEMENT
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SHAT 2 OF 2
11176 R
P.O. @.
SCALE: 1" = 100'
Drawn By RJD
Document No._—
Date: 1012612016