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Grant of Water Easement 2017-0191867RECORDING REQUESTED BY - CITY OF POWAY WHEN RECORDED MAIL TO - APN: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2017-0191867 1111111 VIII IIIII IIIII IIII111111 IIIII VIII IIIII VIII IIVI IIII IIII IIII Apr 28, 2017 01 41 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: 50.00 PCOR, NIA PAGES. 9 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 Poway -Stowe Properties, LLC (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: 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 Grant of Water Easement / APN: 317-280-68 Page 2 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 f y day of _'2017 OWNER: Poway -Stowe Properties, LLC a By /�n^^,� �Q Date: I Pamela Cooke Its: Member (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney 4-�ft '� �k' Date. -Z% 2U L l Morg L. F ley, ity orney M:\Engserv\Land Development Projects\2017\ESMT17-001 Stowe Properties\Poway Stowe Water Easement. Docx ZALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 CaliforNa ) County of On before me, Date Here Insert Name and Trtle oft Officer personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person* whose nameN is/aw subscribed to the within instrument and acknowledged to me that-He/she/they executed the same in his/her/their authorized capacity(ies), and that by Ws/her/thsir signature(e) on the instrument the person(e), or the entity upon behalf of which the person(a)-acted, executed the instrument. Though 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 offiQial seal. Signature Signature of Notary Public OPTIONAL 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ 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: �wr /�K�/wbfa N abh P P�/N lM 1 • • • • • • • • :11 • :11 '1 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: L, R �CA/10.rdSC)h Commission Number: Z 132 1 Date Commission Expires: &QP 2--312- 02-0 County Where Bond is Filed: So, A-)( Manufacturer or Vendor Number: NN A I - (Located on both sides of the notary seal border) Signature Firm Name (if applicable) Place of Execution: 1 l C� ( Date Ree. Form FR 101Rev 71961 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL 108 OF PARCEL MAP NO 16320, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1990, MORE PARTICULARLY DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 14, 1997 AS FILE NO 1997-0223851 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 20 00 FEET IN WIDTH LYING 10 00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 108, SAID CORNER BEING A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 3967.50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 04017'33" EAST, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STOWE DRIVE, 65 00 FEET WIDE, THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 00013'10" A DISTANCE OF 15.20 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND:SAID CURVE ALONG SAID CENTERLINE NORTH 04029'56" WEST 13.57 FEET, THENCE NORTH 31011'00" EAST 39.29 FEET, THENCE NORTH 02034'00" WEST 10 00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", THENCE CONTINUING NORTH 02034'00" WEST 10 50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 02034'00" WEST 31.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C", THENCE CONTINUING NORTH 02034'00" WEST 228 77 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", THENCE CONTINUING NORTH 02034'00" WEST 136.37 FEET, THENCE NORTH 42026'00" EAST 38.43 FEET, THENCE NORTH 87026'00" EAST 69.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E", THENCE CONTINUING NORTH 87°26'00" EAST 133 58 FEET, THENCE SOUTH 47034'00" EAST 42.43 FEET, THENCE SOUTH 02034'00" EAST 31 66 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F", THENCE CONTINUING SOUTH 02°34"00" EAST 294.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 02034'00" EAST 35 01 FEET, THENCE SOUTH 40015'46" WEST 36 67 FEET, THENCE SOUTH 83005'33" WEST 206.95 FEET, THENCE SOUTH 87026'00" WEST 28.76 FEET TO SAID POINT "A" ALSO: STRIPS OF LAND 10 00 FEET IN WIDTH LYING 5 00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES BEGINNING AT ABOVE MENTIONED POINT "B", THENCE SOUTH 87026'00" WEST 21.83 FEET TO A POINT OF TERMINATION BEGINNING AT ABOVE MENTIONED POINT "D", THENCE SOUTH 87026'00" WEST 2050 FEET TO A POINT OF TERMINATION BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 02034'00" WEST 2750 FEET TO A POINT OF TERMINATION BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE SOUTH 87026'00" WEST 2432 FEET TO A POINT OF TERMINATION BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE NORTH 87026'00" EAST 3350 FEET TO A POINT OF TERMINATION ALSO: A STRIP OF LAND 500 FEET IN WIDTH LYING 2.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 87026'00" EAST 2100 FEET TO A POINT OF TERMINATION. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE 10 -FOOT PUBLIC UTILITY EASEMENT DEDICATED PER SAID MAP NO 12556. THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT EXHIBIT "B" LEGAL DESCRIPTION: A PORTION OF PARCEL 108 OF PARCEL MAP NO. 16320 PER CERTIFICATE OF COMPLIANCE REC. 5/14/1997, DOC. NO. 1997-0223851 O.R. OWNER/PERMITTEE: POWAY-STOWE PROPERTIES LLC 12580 STOFLER COURT POWAY, CA 92064 CONTACT: PAM COOKE PHONE: (858) 679-1185 SITE LOCATION: STOWE DRIVE POWAY, CA 92064 APN: 317-280-68 SHEET 1 OF 2 VICINITY MAP NOT TO SCALE T.B.M. PG. 1190, F-6 TOPOGRAPHY SOURCE: FIELD TOPOGRAPHY BY - SPEAR & ASSOCIATES, INC. DATE: JULY 22, 2016. PREPARED BY: SPEAR & ASSOCIATES, INC 475 PRODUCTION STREET SAN MARCOS, CA 92078 ((760) 736-2040 i'� =�200 RA N J AR, L.S. 6404 EASEMENTS ❑A GENERAL UTUTY EASEMENT DEDICATED Q LAND S S� �PGF� PER MAP NO. 12556. ON © EASEMENT FOR UTILITY PURPOSES IN FAVOR OF SDG&E REC. 2/13/1991 AS DOC. NO. 1991-0068401 O.R. NO. 6404 © EASEMENT FOR UTILITY PURPOSES IN FAVOR ,r Q OF PACIFIC BELL REC. 4/13/2001 AS DOC. NO. 2001-0228423 O.R. OF CAL\FO 16-21 OWLE REVISED BY- DATE CITY OF POWAY DRAWN BY. LAJ DATE: 1/5/17 REF CHECKED BY: RJS DATE 3/-7' -7 WATERLINE EASEMENT PLAT APPROVED BY: DATE EXHIBIT IvBvl SHEET 2 OF 2 _ N _ _ _ _ D=031939' 4 CROSTHWAITE CIRCLE - R=345.50 N �L=18.90' TAG BEARING LENGTH L1 N04'29'56"W 13.57' L2 N31'1 1'00"E 39.29' L3 NO2'34'00"W 10.00' L4 NO2'34'00"W 10.50' L5 NO2'34'00"W 31.23' L6 S87'26'00"W 21.83' L7 N87'26'00"E 21 00' L8 N0234'00"W 228.77' L9 NO2'34'00"W 136.37' L10 S87'26'00"W 20.50' L11 NO2'34'00"W 27.50' L12 N87 -26'00"E 69.29' L13 N87'26'00"E 133.58' L14 S87'26'00"W 24.32' L15 S02'34'00"E 31.66' L16 S02'34'00"E 294.81' L17 S02'34'00"E 35.01' L18 N87 26'00"E 33.50' SCALE 1"=80' 16-210WLE REVISED BY - DRAWN BY: CHECKED BY - APPROVED BY ==--=== = N83 56'00-W 134.13' 4=06'15'16' _ _ R=1775.50' ❑A� ' _ L=193.81' 10' 13' e C 10' L11 S47'34'00'E N42'26'00'E I PT. -E- 42.43' ---- �38.43--L12---------L13 `. N87'26'00'E 202.87' -' L15� SO4'30'43'E (R) 50417'33"E (R) \ N, S.W. COR J — - PCL 108 - DATE LAJ DATE: 1/5/17 RJS DATE _3 r' DATE L7 S4015'46'W i r-- 5 I I I L5 - PT "B' 587 26'00'W 17 L6 i PT."A" 28.7.6 ---------- �i / L - -- B -583'0533 o2 6.9 -- 5' 4A L4 -- L3 / n L1 - TP.09 _ _e� oa SSTAL Uoo)� E DRIVE M `�=00'13'10' R=3967.50' STOW P.OH R=3967.50' L=345.0 ' L=15.20' CITY OF POWAY I REF WATERLINE EASEMENT PLAT i L14rllll�-oPT'F' I i Lo tJ i i i M 3 I i 0o I w o0 I I I p 'A ;`) �I �-PVD" I I I I I I 1 I OI I 20 �o I Q c I I —� I I I I � I I go go � I PARCEL 1 J I goo BA 97-01 I '� FILE NO 1997-0223851 O.R. 1 1 l o PT. 0 L18 Z I L - SO4'30'43'E (R) 50417'33"E (R) \ N, S.W. COR J — - PCL 108 - DATE LAJ DATE: 1/5/17 RJS DATE _3 r' DATE L7 S4015'46'W i r-- 5 I I I L5 - PT "B' 587 26'00'W 17 L6 i PT."A" 28.7.6 ---------- �i / L - -- B -583'0533 o2 6.9 -- 5' 4A L4 -- L3 / n L1 - TP.09 _ _e� oa SSTAL Uoo)� E DRIVE M `�=00'13'10' R=3967.50' STOW P.OH R=3967.50' L=345.0 ' L=15.20' CITY OF POWAY I REF WATERLINE EASEMENT PLAT Grant of Water Easement / APN: 317-280-68 Page 3 CERTIFICATE OF ACCEPTANCE Grant of Water Easement APN: 317-280-68 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: f�9/_ /�I !.l�I / from Poway -Stowe Properties, LLC, (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. 17-007 adopted on April 18, 2017 Dated: 11411 CITY OF POWAY Seal: By, bert J. anis Director of Develop Services M.1Engse"\Land Development Projects120171ESMT17-001 Stowe PropertiesToway Stowe Water Easement.Docz