Grant of Water Easement 2017-0335935RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 323-500-24, 323-500-17 & 323-500-16
DOC# 2017-0335935
Illal (IIII I IIII IIII IIII 111111 I IIII IIII I IDII lltil I!!!I Ilill ISI IIII
Jul 26, 2017 09:54 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES 50.00
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)
PAGES: 14
Recorder's
HCP LS Poway I, 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:
(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 within said easement, 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, without changing the purpose of
such use, 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
Grant of Water Easement / APN: 323-500-24, 323-500-17 & 323-500-16
Page 2
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 WITNESS WHEREOF, the GRANTOR has executed this Easement this ZiT� day of
iylli ,2017.
OWNER: HCP LS Poway I, LLC
By: ntl6a Date: o /-2
Michael Dorris
Its: Vice President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Mo an . F le ty torney
M:1Engserv%Land Development Projects120171ESMT17-004 Ridgeview Water Over SA17-001kRidgeview Water Easement 1.Docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
FA notary public or other officer completing this certificate verifies only the identity of the individual who signed the
to which this oadificate is attach, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 5 ai" ,DI 0j, D �
l
On -3 Lk 2 0 before me, 1 >\tl'CSq �SCcloc k ll�y . N Ay -4
Dae r� Here Insert Name and rifle of the cer
personally appeared N cl,\.4 't— t l/o r D $
Name(s) o1 Signer(s)
who proved to me on the basis of satisfactory evidence to be the personK whose name(o is/0
subscribed to the within instrument and acknowledged to me that he/sb6/tloy executed the same in
his/1�p0tt)pit authorized capacity(jBSj, and that by hlsR3a lthXr signaturegon the instrument the person!
or Me entity.upon behalf of which the personjo acted, executed the instrument.
THERESA SCARLETT
COMM. #2185777
NOTARY PUBLIC •CALIFORNIA y
SAN DIEGO COUNTY
acoriffissm EOvs APR 4, 2021
Place Notary Seal Above
1 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] km—tl I N 0
Signature o/ 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 of Type of Document:
Number of Pages: Signer(s)
Document Date:
Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — TRIe(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey 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:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-676-6827) Item 115907
EXHIBIT A SHEET IOF5
LEGAL DESCRIPTION
AN EASEMENT FOR WATER LINE PURPOSES IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, OVER, UNDER, ALONG AND ACROSS PARCEL 1 AS
SHOWN ON LOT LINE ADJUSTMENT BA 17-001, AS EVIDENCED ON BOUNDARY
ADJUSTMENT CERTIFICATE OF COMPLIANCE BA 17-001 RECORDED APRIL 28, 2017 AS
INSTRUMENT NO. 2017-0191820, AND PARCEL 1 AS SHOWN ON LOT MERGER M 17-001,
AS EVIDENCED ON LOT MERGER CERTIFICATE OF COMPLIANCE M 17-001 RECORDED
JUNE 6, 2017 AS INSTRUMENT NO. 2017-0253152, ALL OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STRIP 1
A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE CENTERLINE OF PARCEL "B",
AS DESCRIBED IN GRANT OF WATER EASEMENT RECORDED NOVEMBER 15, 2013 AS
DOCUMENT NO. 2013-0677404, SHOWN AS HAVING A BEARING OF NORTH 62-37'51--
EAST
2°37'51"EAST AND DISTANCE OF 36.00 FEET ON SAID GRANT; THENCE NORTH 62"37'35" EAST
9.76 FEET; THENCE SOUTH 83°37'25" EAST 6.50 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE SOUTH 83°37'25" EAST 7.00 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B'; THENCE SOUTH 83°37'25" EAST 65.68 FEET;
THENCE NORTH 62`37'18" EAST 201.14 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "C"; THENCE NORTH 62°37'18" EAST 205.68 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "D"; THENCE NORTH 62°37'18" EAST 72.00 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "E"; THENCE NORTH 62°37'18" EAST 25.87 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE NORTH 62°37'18"
EAST 35.31 FEET; THENCE NORTH 73652'18" EAST 186.06 FEET; THENCE NORTH
62°37'35" EAST 77.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G';
THENCE NORTH 62`37'35" EAST 333.95 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "H"; THENCE NORTH 62037'35" EAST 180.91 FEET; THENCE NORTH 28°52'35"
EAST 30.88 FEET; THENCE NORTH 01630'18" EAST 108.87 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "I"; THENCE NORTH 01°30'18" EAST 7.13 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE NORTH 01°30'18"
EAST 231.68 FEET; THENCE NORTH 27°22'25" WEST 20.85 FEET TO THE
SOUTHEASTERLY RIGHT OF WAY OF KIRKHAM WAY. AS SHOWN ON SAID M 17-001.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED TO
TERMINATE IN SAID PARCEL "B" AND SAID SOUTHEASTERLY RIGHT OF WAY.
(CONTINUED ON SHEET 2 OF 5)
PASCO LARET SUITER
535 North Highway 101, Sic A, Solana Bcach, CA 92075
ph 858.259.82121 N 858-2594812 1 plvcnginccring.com
EXHIBIT A SHEET 2OF5
LEGAL DESCRIPTION
(CONTINUED FROM SHEET 1 OF 5)
STRIP 2
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "A'; THENCE NORTH 6°22'35" EAST 34.95
FEET; THENCE NORTH 27°22'25" WEST 16.70 FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 3
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "B'; THENCE NORTH 6°22'35" EAST 42.42
FEET; THENCE NORTH 62037'35" EAST 11.09 FEET.
THE NORTHWESTERLY SIDELINE OF THE SECOND COURSE OF SAID STRIP SHALL
EXTEND SOUTHWESTERLY TO THE NORTHEASTERLY SIDELINE OF THE HEREIN ABOVE
DESCRIBED STRIP 2.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIPS 1
AND 2.
STRIP 4
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "C"; THENCE SOUTH 27°22'09" EAST 22.47
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
(CONTINUED ON SHEET 3 OF 5)
PASCO LARET SUITER
& AS-'=IA,ES
535 Nonh liighmay 101, Ste A, So[= Bench, CA 92075
ph 858.259.82121 N 858-259'18121 pLutengincering.com
EXHIBIT A SHEET 3 OF 5
LEGAL DESCRIPTION
(CONTINUED FROM SHEET 2 OF 5)
STRIP 5
A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "D"; THENCE NORTH 27°22'25" WEST
117.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE NORTH
27022'25" WEST 5.00 FEET,
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 6
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "K"; THENCE NORTH 62°37'51" EAST 17.50
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 5.
31:iii
A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "E"; THENCE NORTH 27°22'25" WEST
67.56 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; THENCE NORTH
27022'25" WEST 238.77 FEET TO THE SOUTHEASTERLY RIGHT OF WAY OF KIRKHAM
WAY, AS SHOWN ON SAID M 17-001.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED TO
TERMINATE IN SAID SOUTHEASTERLY RIGHT OF WAY.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
(CONTINUED ON SHEET 4 OF 5)
PASCO LARET SUITER
as ASSMATES
535 Sonh Highway 101, Ste A, Solara Beach, CA 92075
ph 858.259.82121 N 858-2594812 1 pimenginecting.com
EXHIBIT A SHEET 4OF5
LEGAL DESCRIPTION
(CONTINUED FROM SHEET 3 OF 5)
STRIP 8
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "F"; THENCE NORTH 27°22'09" WEST
17.58 FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 9
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "G"; THENCE SOUTH 27°22'09" EAST 23.51
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 10
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "H"; THENCE SOUTH 27°22'09" EAST 29.72
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 11
A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "I"; THENCE SOUTH 88°29'42" EAST 53.83
FEET TO THE EASTERLY LINE OF SAID PARCEL 1 OF M 17-001.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED TO
TERMINATE IN SAID EASTERLY LINE.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
(CONTINUED ON SHEET 5 OF 5)
PASCO LARET SUITER
& AS=OATES
535 Nonh IIighmay 101, Ste A, Solana licach, CA 92075
ph 858.259.82121 ft 858-259-48121 plsaenginmi%com
EXHIBIT A SHEET 5 O 5
LEGAL DESCRIPTION
(CONTINUED FROM SHEET 4 OF 5)
STRIP 12
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "J"; THENCE NORTH 88°29'42" WEST 22.97
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 13
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "L'; THENCE NORTH 62°37'51" EAST 49.30
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 7.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
DATED THIS /(/ r/ DAY OF v 2017.
/9' /�. �l /�
BRIAN K. MICKELSO(J, L.S. 7320
BRIAN
K. MICKELSON
LS 7320
PASCO LARET SUITER
& ASSMATES
515 Nonh Highway 101, Ste A, Solana Beach, CA 92075
ph 858.259.82121 ft 858.25948121 pls cnginccring.eom
0
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
KIRKHAM WAY
92.4.9 —�
76.50'
-PARCEL "A" DOC
NO. 2013-0677404
459.33'
N62'37'51"E 535.83'
N'LY CORNER LOT 8,
W'LY CORNER LOT 7
MAP NO. 13852
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-STRIP 3
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10.00'
L2
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36.00'
L3
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9.76'
L4
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6.50'
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7.00'
STRIP 1
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1 N0.2013-0677404
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�28.23'/ _
N56'57'03"E 105,11"E 105.11 /
N68'45'40"W 3.02'
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A ASS®CIQTES
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EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
KIRKHAM WAY
459.33'
N62'37'51'E 535.83'
oT I
cqV OF 5 1 ° = 50'
JsAcl
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STRIP 6
PARCEL I N62'37'51"E 17.50'
Isla 17-00? POINT 5.00' 1
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— — — — -- ri1----- IZ'--
N62'37'18E 540.00' 72.00'
--201.14'T _ 205.66'
-----,r--—
— — — — — — — — — — — — — — — —
t0' 527-22'09"—E T,
STRIP 4 22.47' o N28'15'14"E 2.42'--,,,,
f— 17R IQ' f_
N62'38'45"E
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& Asses
535 North Ilighaay 101, Ste A, Solana Beach, CA 92075
ph 858.259.82121 fx 858-25948121 pLsoengineering.com
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STRIP 1 4 OF 5
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191.25'
N66'46'55"E 246.90'o
N691254 E
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& AOATES
535 Konh Highway 101, Sic A, Solana Bmch, CA 92075
ph 858.259.82121 fx 858-259-78121 pls cnginccring.com
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SHEET 4 OF 5
POVA" X01 r,
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139.26' 369 n.,•_
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N72.00
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535 Nonh I lighaay 101, Ste A. Solna Beach, CA 92075
ph 858.259.82121 fx 858-259-08121 plmenginrering.com
I–
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EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
KIRKHAM WAY
1029.21'
N62'37'51"E 1140.75'
Q�
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iia
(MAP ��e
PARCEL
G�,17 97-W9
d�4 �
N88'29'42"W
STRIP 12
N27'22'25"W
/
STRIP 1 / / ,
70
//�10,
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,4v/ .mo/
2Q,
/ STRIP 11
^TT
POINT
„I„ w
ti� p L6
SHEET 5 OF 5
73.18'
1 50'
LINE TABLE
588'29'42'E 53.83'
PASCO LARET SUITER
A ASSocoATES
535 Nosh l ighuay 101, Sic A, Sol= Beach, CA 92075
ph 858.259.82121 G 858-25948121 p1mengineering.com
POINTS
/ oma./
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3
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^TT
POINT
„I„ w
ti� p L6
SHEET 5 OF 5
73.18'
1 50'
LINE TABLE
588'29'42'E 53.83'
PASCO LARET SUITER
A ASSocoATES
535 Nosh l ighuay 101, Sic A, Sol= Beach, CA 92075
ph 858.259.82121 G 858-25948121 p1mengineering.com
Grant of Water Easement / APN: 323-500-24, 323-500-17 & 323-500-16
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 323-500-24, 323-500-17 & 323-500-16
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:UAC
from HCP LS Poway I, 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: % 410 CITY OF POWAY
Seal: By:
bert J. Manis
Director of Development Services
MAEngseMLand Development ProjectsQ017tESMT17-004 Ridgeview Water Over BA17-001ffdgeview Water Easement 1.Docx