Grant of Water Easement 2017-0335934RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
AP N: 323-091-10
DOC# 2017-0335934
I IIII Illfl I IIII IIIII IIII III III I IIII IIII I IIII IIIII I IIII IIIII IIII IIII
Jul 26, 2017 09:54 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: SO.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:8
a for Rewrder s Use
HCP LS Poway II, 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: 323-091-10
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 V-9 day of
2017.
OWNER: HCP LS Poway Il, LLC
By: u \ �C�42 I/ /, c.�� , Date:�4 %T
Michael Dorris
Its: Vice President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Gf✓ Date: t1Ifi t 17
Morg n L.oley, Cit Attorney
M AEngservIand Development Projects120171ESMT17-005 Ridgeview Water Over BA17-0021Ridgeview Water Easement 2.Docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML 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 Calitomia
County of SG R V I CA tD )
On��Y\ q M)_�- beforeme,Tkert_.ea, Cab- N010.!r-1 auL,
Date Here Insert Name and Title of the bfficer
personally appeared Micl acI Dprrfc,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personal whose named is/*iIr
subscribed to the within instrument and acknowledged to me that he/sw?dy executed the same in
his/hdr/tVr authorized capacity(W4, and that by his/h d/th it signature(p) on the instrument the person(er
or t e en{tity.upon behalf of which the personK act ex uted the instrument.
THERESA SCARLETT
���� COMM. #2185777
�; NOTARY PUBLIC • CALIFORNIA y
SAN DIEGO COUNTY
Cammssion Expies APR 4, 2021 }
Yh1Yhission1YJ.m APR 4. 202.1V1.
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.] " ,on ��tDVUL
Signature of Notary Public
OPT10NAL
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:
Number of Pages: Signers)
Document Date:
Other Than Named Above:
Capacfty(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(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 ❑ Attomey 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 SHEET 1 OF 2
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 2 AS
SHOWN ON LOT LINE ADJUSTMENT BA 17-002, AS EVIDENCED ON BOUNDARY
ADJUSTMENT CERTIFICATE OF COMPLIANCE BA 17-002 RECORDED APRIL 28, 2017 AS
INSTRUMENT NO. 2017-0192751, 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 A POINT ON THE WESTERLY LINE OF SAID PARCEL 2, SAID POINT BEING
SOUTH 1032'00" WEST 292.41 FEET FROM THE NORTHERLY TERMINUS THEREOF;
THENCE SOUTH 88°29'42" EAST 81.52 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "A"; THENCE SOUTH 88029'42" EAST 24.69 FEET; THENCE NORTH 49°47'35"
EAST 117.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE
NORTH 49'47'35" EAST 167.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"C"; THENCE NORTH 49047'35" EAST 288.00 FEET; THENCE NORTH 17°37'35" EAST 26.66
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH 17037'35"
EAST 15.70 FEET; THENCE NORTH 27°22'25" WEST 150.13 FEET TO THE
SOUTHEASTERLY RIGHT OF WAY OF KIRKHAM WAY, AS SHOWN ON SAID BA 17-002.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED TO
TERMINATE IN SAID WESTERLY LINE AND SAID SOUTHEASTERLY RIGHT OF WAY.
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 SOUTH 1'29'46" WEST 51.08
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 SOUTH 40°12'57" EAST 26.01
FEET; THENCE SOUTH 49'47'03" WEST 10.08 FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
(CONTINUED ON SHEET 2 OF 2) PASCO LARET SUITER
a ASSMOATIES
535 Nonh I lighwvy 101, Sm A, Solana Duch, CA 92075
ph 558.259.82121 La 858-25948121 pLmengim ring.com
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 323-091-10
DOC# 2017-0335934
1111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIII IIIII IIIII IIII IIII
Jul 26, 2017 09:54 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
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: 8
lace for Recorder's Use
HCP LS Poway Il, 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 rigfit-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: 323-091-10
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 229 day of
!i une 2017.
OWNER: HCP LS Poway Il, LLC
By: PACL2 Il 2,AC r Date:
Michael Dorris
Its: Vice President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Morg nL. oley, Cit Attorney
A7:\EngseMLand Development Projects120171ESMT17-005 Ridgeview Water Over BA17-0021Ridgeview Water Easement 2.Docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML 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 SG n O I GG t7
On.11ari a 2.0)} beforeme, nefa,a ScACle11` Iyyl0.�—I uA�lc�,
Date �n ""�� Here Insert Name�and Title of the Ificer
personally appeared M 4_cLG � D h f f l G
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personja)' whose namejtsj is/gre�
subscribed to the wfthln instrument and acknowledged to me that he/SOAKY executed the same in
h1aftylt/tVir authorized capacity(tesf, and that by his/haf/th r signature(q) on the instrument the person(W,
or file en ity.upon behalf of which the personXactedj ex&cuted the instrument.
ARLETT
@�_THE�
COMM. #2165777NOTARY PUBLIC • CALIFORNIASAN DIEGO COUNTY
amrissbn Expires APR 4, 2021
Al Ll rwrissiDn Exp hV.4NVM 2021 .
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Cal'Ifomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature"j lc\CrOJVlC/�l�
Signature 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 of Type of Document:
Number of Pages: Signer(s)
Document Date:
Other Than Named Above:
Capacfty(les) 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 — Tftle(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 115907
EXHIBIT A SHEET 1 OF 2
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 2 AS
SHOWN ON LOT LINE ADJUSTMENT BA 17-002, AS EVIDENCED ON BOUNDARY
ADJUSTMENT CERTIFICATE OF COMPLIANCE BA 17-002 RECORDED APRIL 28, 2017 AS
INSTRUMENT NO. 2017-0192751, 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 A POINT ON THE WESTERLY LINE OF SAID PARCEL 2, SAID POINT BEING
SOUTH 1032'00" WEST 292.41 FEET FROM THE NORTHERLY TERMINUS THEREOF;
THENCE SOUTH 88029'42" EAST 81.52 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "A"; THENCE SOUTH 88029'42" EAST 24.69 FEET; THENCE NORTH 49°47'35"
EAST 117.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE
NORTH 49°47'35" EAST 167.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"C"; THENCE NORTH 49°47'35" EAST 288.00 FEET; THENCE NORTH 17°37'35" EAST 26.66
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D'; THENCE NORTH 17037'35"
EAST 15.70 FEET; THENCE NORTH 27022'25" WEST 150.13 FEET TO THE
SOUTHEASTERLY RIGHT OF WAY OF KIRKHAM WAY, AS SHOWN ON SAID BA 17-002.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED TO
TERMINATE IN SAID WESTERLY LINE AND SAID SOUTHEASTERLY RIGHT OF WAY.
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 SOUTH 1°29'46" WEST 51.08
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 SOUTH 40°12'57" EAST 26.01
FEET; THENCE SOUTH 49°47'03" WEST 10.08 FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1. '
(CONTINUED ON SHEET 2 OF 2) PASCO LARET . SUITER
At AS=ATES
535 North flighway 101, Ste A, Solana Bench, CA 92075
ph 858.259.82121 f..x 858-259-48121 plvcngineering.com
EXHIBIT A SHEET 2 OF 2
LEGAL DESCRIPTION
(CONTINUED FROM SHEET 1 OF 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 40°12'57" EAST 22.50
FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
STRIP 5
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "D"; THENCE SOUTH 72°22'57" EAST 11.33
FEET; THENCE SOUTH 49°27'54" EAST 17.41 FEET.
EXCEPT THEREFROM THAT PORTION WITHIN THE HEREIN ABOVE DESCRIBED STRIP 1.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
DATED THIS /24 DAY OF ijJ 2017.
'l?z� /Z. �✓f�-
BRIAN K. MICKELS , L.S. 7320
' BRIAN
K. MICKELSON
LS 7320
PASCO LARET SUITER
&AIATES
535 \onh Highway 101, Sm A, Solana Bcach, CA 92075
ph 858.259.82121 fa 858.25948121 pWiengincering.com
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
k3 �6
9 .�, $1
a62g� �5
P� AY
ITY �F 0�
l Ap N
PARCEL 2
SA 17-02
1" = 50'
PXRGF,L J
POINT—
"B„
1�
JO � /
STRIP 1
$88'29'42"E 106.21 /
81.52' 7/�I 24.69' /
— —POINT) I ay0
"A" i, ¢1STRIP2
i 501'29'408, ISI
N 51.08
LJ
SHEET 1 OF 2
N
It
/ N
/ w
W
/ W
/ w W
/S40'12'57"E
26.0
�W
^STRIP 3
S49'47'03"W
10.08'
1PAR�EL .
-110'I- f PASCO LARET SUITER
535 North llighway 101, Sic A, Solana Bwch, CA 92075
ph 858.259.82121 & 85R-25918121 plsacngincering.com
w
w
w
w
w
EXHIBIT B SHEET 2OF2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
NPM •� ��ya,�
ppSCSI,
STRIP 1
\ \
\ \ \STRIP5
POINT \ \
"D" i,L3
N17'37'35"E 42.
PARCEL 2
GA'
'
/ /L4
1" = 50'
� gyp.
r,�qp[ X2900) �o.
apo.
pp
LINE TABLE
STRIP 1 /oaf' / L1 N1737'35"E 26.66'
L2 '35"E 15.70'
S72'2
L3 S72'22'57'E 11.33'
POINT / / / / �� L4 549'27'54"E 17.41'
"C"
STRIP 4
540'12'57"E 22.50' PASCO LARET SUITER
& AS=IATIES
535 North Highway 101, Ste A. Solana Beach, CA 92075
ph 858.259.82121 fx 858-25948121 plsacnginccring.com
Grant of Water Easement /APN: 323-091-10
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 323-091-10
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: ;14AO-7 21 y a2,0 l7
from HCP LS Poway II, 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: I is I n
Seal:
CITY OF POWAY
By: leleeXd -A --4'C
Obert J. Man
;rector of Development Se V es
M:1Engserv\Land Development ProjecW20171ESMT17-005 Ridgeview Water Over BA17-0020dgeview Water Easement 2.Docx