Grant of Easement 2018-0203716RECORDING REQUESTED BY:
City of Poway
AND WHEN RECORDED
MAIL TO:
City Clerk
City of Poway
PC Box 789
Poway, CA 92074-0789
DOfC# 2018-0203716
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(Please fill in documenttitle(s) on this line)
May 21, 2018 11:55 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES:6
1 [:] Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on
(date) as document number of Official
Records, or,
3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on (date) as document number(s)
of Official Records, or
5 ❑ Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to
an owner -occupier, or,
6 F-] Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is a residential dwelling to an owner -occupier, or,
7 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner -occupier. The recorded document transferring
the dwelling to the owner -occupier was recorded on (date) as
document number(s)
, or,
8 ❑ Exempt from the fee per GC 27388.1(a) (1); Not related to real property, or,
9 0✓ Exempt from fee under GC27388.1 for the following reasons:
Grant of Easement to the City
THIS PAGE ADDED TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION
(Additional recordingfeeapplies)
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
for Recorder's
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
Tech Business Center Ventures LP (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:
LEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A" 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
Grant of Water Easement / APN: 317-271-12
Page 2
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 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 WTNESS WHEREOF, the GRANTOR has executed this Easement this I day of
���/ ,2018.
OWNER: Tech Business Center Ventures, LP
By: TT One, Inc., General Partner
By:—?Date: Q
Theodore Tchang
Its: President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date: 1611 �
y`
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 SAN DIEGO
On May 10, 2018 before me, Nancy C. Lane, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Theodore Tchang
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person( whose namem is/aild
subscribed to the within instrument and acknowledged to me that he/sqe/they executed the same in
hisAaer/their authorized capacity(iers), and that by his/ber/t) diir signature(s) on the instrument the person($),
or the entity upon behalf of which the person() acted, executed the instrument.
NANCY C. LANE
Commission # 2117968
-.: Notary Public - Californie
�- San Diego County
My Comm. Expires Jul 26, 2019
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
SignatureW 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 or Type of Document: GRANT OF EASEMENT
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
o r tl, ,L : d .tl � � �,d d, .tl :rr y • :�r yr
EXHIBIT "A"
AN EASEMENT FOR WATER LINE PURPOSES IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, OVER, UNDER, ALONG AND ACROSS LOT 12 OF
CITY OF POWAY TRACT 86-02R(1) POWAY CORPORATE CENTER UNIT 1, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12853, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 19, 1991, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A STRIP OF LAND 20.00 FEET WIDE LYING EASTERLY OF THE WESTERLY LINE OF
LOT 12, DEDICATED ON SAID MAP NO. 12853 AS A SEWER EASEMENT.
Grant of Water Easement / APN: 317-271-12
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Easement
APN: 317-271-12
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: �l 2018
from Tech Business Center Ventures, LP, (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: �7 0 CITY OF POWAY
Seal: By: d.
Obert J. Manfs
irector of Development ices