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Grant of Easement 2018-0175348 • DOC# 2018-0175348 11111111111 11111 11111 1111 11111111111 11111 1111111111 111 11111 1111 1111 May 02, 2018 11:10 AM RECORDING REQUESTED BY: OFFICIAL RECORDS Ernest J. Dronenburg, Jr., CITY OF POWAY SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) WHEN RECORDED MAIL TO: PCOR: N/A • PAGES: 7 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 (This space for Recorders Use) APN: 317-280-68-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0-pursuant to R & T Code 11922 (Conveyance to a Government Agency) Poway-Stowe Properties, LLC (hereinafter "GRANTOR"), for good and adequate consideration, 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 real property encompassing this easement area 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 area 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 within any portion of the easement area. GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement area. 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 area, 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 the easement area or otherwise burdening or affecting this easement without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easement and the resulting burden on the servient tenement, without changing the purpose of such use, change the location of facilities within the • Grant of Easement/APN: 317-280-68 Page 2 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. 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 area 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 WITNES WHEREOF, the GRANTOR has executed this Easement this to. day of , 2018. OWNER: Poway-Stowe Properties, LLC By: PanIAtaa4)7Date: 7 -1 -16 Pamela Cool' ,Member (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney joic • I Date: SI (( Z 01 Si Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL 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 -Dr s k� — ) - On `t `.1 S( l 8 before me, L R-I-c-Q- v'--- I (004A--r-,y e(,t-171.(_C/ Date � n Here Insert Name and Title of the Officer personally appeared Pi-r X0 — l(�.nt7 Name(s) of Signer(s) 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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, ;� L. RICHARDSON s Notary Public -Californias_ iSan Diego County Signature J�Y' _ i' Comms}ion i 2163629 Signature of Notary Public M Camm:E: iiesSe 23,21120 • Place Notary Seal Above 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — 0 Limited 0 General ❑ Individual ❑Attorney in Fact ❑ Individual Cl Attorney in Fact ❑Trustee ❑Guardian or Conservator 0 Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: & lZateecc3 4 5.x.LIG.=".... s" .. ., .9 « ., w r -= 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Grant of 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: Ap VI ) (8/ 20 t/8 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: 51( IO CITY OF POWAY Seal: By: ♦44ti R..ert J. Ma is gip Director of Devetopmen —rvices c}.(0OFPO\ �Y r.\ THE C° 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 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "A" AS DESCRIBED IN GRANT OF WATER EASEMENT TO THE CITY OF POWAY RECORDED APRIL 28, 2017 AS DOC. NO. 2017-0191867 OF OFFICIAL RECORDS, SAID POINT "A" BEING ON THE CENTERLINE OF A STRIP OF LAND 20.00 FEET IN WIDTH AS DESCRIBED IN SAID GRANT OF WATER EASEMENT; THENCE ALONG SAID CENTERLINE NORTH 87°26'00" EAST 28.76 FEET TO AN ANGLE POINT; THENCE NORTH 83°05'33" EAST 12.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE ALONG THE CENTERLINE OF SAID 10.00 FOOT STRIP OF LAND NORTH 06°54'27" WEST 25.75 FEET TO A POINT OF TERMINATION. EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID 20.00 FOOT GRANT OF WATER EASEMENT. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO MEET THE NORTHERLY LINE OF SAID GRANT OF WATER EASEMENT. LAND Sitco �. 141(10:44 '!t K `r4r f,F ! EXHIBIT "B" SHEET 1 OF 2 POWAY RD. LEGAL DESCRIPTION: A PORTION OF PARCEL 108 OF PARCEL MAP NO. 16320 PER g20STHWAITE aR. CERTIFICATE OF COMPLIANCE �� ' SITE REC. 5/14/1997, DOC. NO. 1997-0223851 O.R. STOWE gA DR. OWNER/PERMITTEE: DANIELSOH ST. POWAY-STOWE PROPERTIES LLC v 12580 STOFLER COURT POWAY, CA 92064 POWAY PKWY CONTACT: PAM COOKE . < PHONE: (858) 679-1185 RD. •COMMUNITY SITE LOCATION: STOWE DRIVE POWAY, CA 92064 VICINITY MAP NOT TO SCALE APN: T.B.M. PG. 1190, F-6 317-280-68 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 EASEMENTS ❑A GENERAL UTIUTY EASEMENT DEDICATED PER MAP NO. 12556. 3 -20/8 RAMON J. SP 5.//6404 ©EASEMENT FOR UTILITY PURPOSES IN FAVOR OF SDG&E REC. 2/13/1991 AS DOC. LAND NO. 1991-0068401 O.R. S�0 PP ©EASEMENT FOR UTILITY PURPOSES IN FAVOR „S? �� $ON J. &De 0 OF PACIFIC BELL REC. 4/13/2001 AS DOC. 2y- NO. 2001-0228423 O.R. �D WATER EASEMENT IN FAVOR OF THE * NO. 6404 * CITY OF POWAY REC. 4/28/2017 AS DOC. NO. 2017-0191867 O.R. 9T �� f pF CA`�FO 16-210WLE2 REVISED BY: DATE CITY OF POWAY DRAWN BY: AMP DATE: 3/5/18 REF. CHECKED BY: RJS DATE WATERLINE EASEMENT PLAT APPROVED BY: DATE r. EXHIBIT "B" SHEET 2 OF 2 to N — CR_OSTHW_AITE CIRCLE a=o3 s'3s" �' - _ R= 25.50' N + �L18.90' N83.56'00"W 134.13' A=06'15'16" - - R=1775.50' ❑Ar - o _ L=193.81' t0' 13' B • C - _ ' i D II EtriJ 1 I � to I cp �O$ 3 Ito rn M I eO I O c6 I q � o OM°it �° I r7 I I o _i 20' D I z TAG BEARING LENGTH I I Lt S8726'00"W 28.76' PARCEL 1 I I L2 S83'05'33"W 12.50' I I BA 97-01 I L3 N06'54'27"W 25.75' I FILE NO. 1997-0223851 O.R. 1 I IL ill Ir I I 1-1-7-PT.W_Scc, CI roL - - --- - -- Nli / —w�,II / / 1 : LH':- A44'59100' R=3967.50 ` _ N SCALE 1"=ao' S.W. COR pRIVE simissingill — - PCL. toa _ � - —Cr-- STOWS 16 210WLE2 REVISED BY: DATE CITY OF POWAY DRAWN BY: AMP DAA TE: 3/5/18 REF. CHECKED BY: RJS DATE WATERLINE EASEMENT PLAT APPROVED BY: DATE