Grant of Water Easement 2017-0421340RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 317-280-56-00
DOC# 2017-0421340
111111 IIIA VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Sep 14, 2017 09:08 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
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)
CT CROSTHWAITE I, LLC, a Delaware limited liability company (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: 317-280-56
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.
n
IN ITNES WHEREOF, the GRANTOR has executed this Easement this 22� day of
2017.
OWNER: J CT CROSTHWAITE I, LLC, a Delaware limited liability company
By: Date: 91711,1/
--Bene-Bath
Its: Senior Vice President, Development
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
wI Date: ZH f r14�Y' I�
Morga L. Foley, Ci Attorney
Signature Page to
Grant of Rater Easement
CT CROSTHWAITE I, LLC, A
Delaware limited liability company
By: CT REIT II Holdings I LLC, a
Delaware limited liability company
Its: Sole Member
By: Atlantic CT REIT II, Inc., a
Delaware corporation
Its: Sole Member
By:y k
Name: Marc S. Belluomini
Title: Vice President
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 )
ss.
COUNTY OF Qn.f14e? )
On /—KM LkS7' 22 2017, before me, I(fYlhP.(&A (1A, V�ZIIG�C(�ZLQJ�
a Notary Public, personally appeared MA rG S - 1161 I CA TM; ki I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/m-e-
subscribed to the within instrument and acknowledged to me that he/skeMtey executed the same in
his/lwr4teir authorized capacity(ies), and that by his/heetheir signature(o on the instrument the
person(s); or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
NI E
Com
ComoV M. VA 10ER sian 082, r 2082
Nowy Pume • C~141
Orr" county
C . E t8 018
WITNESS my hand and official seal.
EXHIBIT "A"
WATER EASEMENT LEGAL DESCRIPTION
A portion of Parcel 102 of Parcel Map No. 16320,in the City of Poway, County of San
Diego, State of California, According to Map thereof, recorded December 10, 1990 as
File No. 90-655448, more particularly described as follows:
Commencing at the most Southwesterly corner of Parcel 101 of said Parcel Map No.
16320, said point being on a 324.50 foot radius curve concave Southeasterly, the
bearing from the center of said curve bears North 63°22'13" West; thence Northeasterly
along said curve through a central angle of 08009'24" an arc distance of 46.20 feet;
thence North 39045'33" West, 10.36 feet to the beginning of a public water easement
recorded September 10, 1992 as Doc. No. 1992-0574475 in the Official Records in the
San Diego County Recorder's Office; thence continuing along said public water
easement North 39°45'33" West 46.32 feet; thence North 50014'27" East, 188.09 feet;
thence North 39045'33" West, 33.00 feet; thence South 50014'27" West, 20.00 feet;
thence South 39045'33" East,
thence North 39045'33" West,
thence North 39045'33" West,
thence North 39045'33 West,
thence North 39045'33" West,
thence North 50015'01" East,
thence South 39045'33" East,
13.00 feet; thence South 50014'27" West, 142.56 feet;
27.42 feet; thence South 50014'27" West, 25.53 feet;
273.91 feet; thence North 50014'27" East, 39.67 feet;
20.00 feet; thence South 50014'27" West, 39.67 feet;
170.85 feet; thence North 05001'27" East, 102.14 feet;
461.39 feet; thence South 85007'24" East, 107.03 feet;
341.19 feet; feet to the TRUE POINT OF BEGINNING;
thence South 09017'24" East, 2.32 feet; thence South 50°14'27" West, 34.22 feet;
thence North 39020'02" West, 20.00 feet; thence North 50°14'27" East, 35.24 feettoa
point on said water easement per Document No. 1992-0574475; thence continuing
along said water easement South 39°45'33" East, 18.00 feet to the TRUE POINT OF
BEGINNING.
Containing 705 square feet more or less.
Lj� ,�L
Michael A. Wunderlin
LS 5210
2016-57 WATER ESMT LEGAL.DOC
A•
Exp. 6/30/19
No. 5210
'102
Fk\16320
1 0 1 SEE SHEET 2
SOUTHERLY COR.
OF PARCEL 101
OF P.M. 16320
OA
EXHIBIT "B"
DATA TABLE
❑
BEARING
LENGTH
1
N39'45'33"W
10.36'
2
N39'45'33"W
46.32'
3
N50'14'27"E
188.09'
4
N39'45'33"W
33.00'
5
N50'14'27"E
20.00'
6
N39'45'33' W
13.00'
7
N50'14'27"E
142.56'
8
N39'45'33"W
27.42'
9
N50'14'27"E
25.53'
10 N50'14'27"E
39.67'
11
N39'45'33"W
20.00'
12
N50'14'27"E
39.67'
13
N05 -01-27"E
102.14'
14 1
N85'0724wW
107.03'
CROSTHWAITE CIRCLE
=08'09'24"
PROPOSED WATER EASEMENT; SEE SHEET 2
QB EXIST. CITY OF POWAY WATER PIPELINE & APPURTENANCES
EASEMENT PER DOC. #1992-0574475, REC. 9/10/1992
RCE 26671 EXPIRES 3-31-2018
0 200 400
SCALE: 1"=200'
PORTION OF PARCEL 102 OF P.M. 16320
C1l-L� 7705�S.F. MORE OR ELESS SEMENT
AREA OF
0 40 80
SCALE: 1"=40'
No. C 28871
Exp. 3-31-2018
MICHAEL A. WUNDERLIN
RCE 26671 EXPIRES 3-31-2018
EXHIBIT "B"
��i9, AS•\.2.
N39'20'02"W I B
20.00' I
N50'14'27"E
34.22
Imo°
0� 05 N IN
QA PROPOSED WATER EASEMENT
O CITY OF
• WATER
EA EMENT PER DOC # 992-0574475, REC APPURTENANCES
9/10% 9 5
92
PORTION OF PARCEL 102 OF P.M. 16320
Grant of Water Easement / APN: 317-280-56
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 317-280-56
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: C6�- 2Z 1W
from CT CROSTHWAITE I, LLC, a Delaware limited liability com ny, (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: q `3 i
Seal:
CITY OF POWAY
0
J. ManisG
r of Development