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Grant of Easement 2018-0304790RECORDING REQUESTED BY: City of Poway AND WEEN RECORDED MAIL TO: City Clerk City of Poway PC Box 789 Poway, CA 92074-0789 DOC# 2018-0304790 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII Jul 26, 2018 12:05 PM OFFICIAL RECORDS Ernest J. Dronenburg,Jr, SAN DIEGO COUNTY RECORDER FEES. $0.00 (S62 Atkins: $0.00) Grant of Easement (Please fill in documenttitle(s) on this line) PAGES:9 1 r-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 ❑ 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 F—] Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 ❑✓ Exempt from fee under GC27388.1 for the following reasons: Grant of Easement to the CIN THIS PAG E ADDE D TO PROVIDE SENATE &112 EXEMPTION INFORMATION (Additional recordingfee applies) 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 277-020-13-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Greg P. Agee Revocable Trust, dated April 28, 1999 (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 Grant of Easement / APN: 277-020-13 Page 2 tenement, 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 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this day of -oL" 2018. OWNER: Gre/P. Agee Revocable Tri, dated April 28, 1999 Date:L– 1(,,— 3 reg (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney ld'y/w� %V,/�_ Date: L 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 ) o before me, _ Date personally appeared Yvonne Mannion Here Insert Name and Title of the Officer of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(B)osare s scribed to the within instrument and ackno I ged to me that Qylshe/they executed the same in is er/their authorized capacity0es), and that by is/ er/their signature(a) on the instrument the person(a), the entity upon behalf of which the person(s) acted, executed the instrument. ,. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 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 Ulgy V�lm+�n�a Signature of Notary Public 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: rx(Orftt OL Easemettf Document Date: JjA14 L6 ­10IR Number of Pages: Signer(s) Other Than Na ed 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Grant of Easement/ APN: 277-020-13 Page 3 CERTIFICATE OF ACCEPTANCE Grant of Water Easement APN: 277-020-13 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: 11,1114r3nig from Greg P. Agee Revocable Trust, dated April 28, 1999, (Grantor), 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: % L2 5119 CITY OF POWAY Seal: By: EXHIBIT `A' WATER EASEMENT APN 277-020-13 ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 9452, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 6, 1979 AS FILE No. 79-512686 OF OFFICIAL RECORDS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 20.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 4 OF PARCEL MAP No. 12471, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 13, 1982 AS FILE No. 82-380174 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SOUTH 88°29'52" WEST (NORTH 88°29'52" EAST PER PM 12471) 94.91 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01°30'08" WEST 22.00 FEET; THENCE PARALLEL WITH THE SAID SOUTHERLY LINE, SOUTH 88°29'52" WEST 18.00 FEET; THENCE CONTINUING SOUTH 88029'52" WEST 112.96 FEET TO THE BEGINNING OF A CURVE; CONCAVE SOUTHERLY, HAVING A RADIUS OF 902.00 FEET; THENCE WESTERLY 199.60 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12040'44" TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL 4, SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY 86.35 FEET ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 05°29'06'; THENCE SOUTH 70°10'02" WEST 84.53 FEET; THENCE SOUTH 69°37'22" WEST 63.48 FEET; THENCE SOUTH 71032'49" WEST 96.02 FEET TO THE BEGINNING OF A CURVE; CONCAVE SOUTHERLY, HAVING A RADIUS OF 402.00 FEET; THENCE WESTERLY 116.28 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16034'21'; THENCE SOUTH 54058'28" WEST 95.10 FEET TO THE BEGINNING OF A CURVE; CONCAVE NORTHERLY, HAVING A RADIUS OF 298.00 FEET; THENCE WESTERLY 173.71 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33023'57'; THENCE SOUTH 88°22'25" WEST 163.72 FEET; THENCE NORTH 88040'53" WEST 45.95 FEET TO AN INTERSECTION WITH A 30.00 FOOT WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED ON JUNE 19, 2001 AS DOC. No. 2001-0410331 OF OFFICIAL RECORDS, SAID INTERSECTION BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE AS FOLLOWS: ON THE EAST; IN THE SOUTHERLY LINE OF SAID PARCEL 4. ON THE WEST; IN THE EASTERLY LIMIT OF THE SAID 30.00 FOOT WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY. CONTAINS 18,536.28 SQ. FT. MORE OR LESS THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF PARCEL 4 OF PARCEL MAP No. 12471. i.e. NORTH 88029'52" EAST N0.7524 Frederick R. LePage, PLS 7524 `r�jF ��Q�� w 52"WlR1a-�' 10',, I \ I N00°05'49 "W 651.24' — Ql MATCHLINE SHEET 2 EXHIBIT 'B' a WATER EASEMENT PLAT r APN 277-020-13 I > ISI — EXISTING 8' WIDE EASEMENT FOR EOUESTRIAN AND PEDESTRIAN I I TRAIL GRANTED TO THE CITY OF POWAY RECORDED 11/24/1982 IN FILE/PAGE No. 82-363065 O.R. I k EXISTING 40' WIDE PRIVATE ROAD EASEMENT RECORDED I� I 12/15/1980 IN FILE/PAGE No. 80-421140 O.R. I� I� I 1 I PARCEL 4 OF PM 12471 ` APN: 277-020-24 P.O.B. WATER EASEMENT I I N I O3I PARCEL 2 w PM 9452 APN: 277-020-14 1 in I N I I I 1 I I I I OI I I N00005'49"W 654.36' P.O.C. SE CORNER OF PARCEL 4 OF PM 12471 � I I 1`I WATER EASEMENT I�, I AREA = 18.536.28 SO. FT. 11 � I, II SII EASEMENT DATA TABLE 5 y (] S86029'52"W 94.91' 2❑ N01°30'08"W 22.00' 53 S88°29'52"W 18.00' '10 4❑ S88°29'52"W 112.96' 20' S0 R=902.00' 6=12°40'44" L=199.60' © R=902.00' n=05029'06" L=86.35' 1 I II 7❑ 570°20'02"W 84.53' I �IN01°30'08"W(R) ® S69°37'22"W 63.48' I II I �I I ' I EXISTING WATER EASEMENT GRANTED TO THE CITY OF POWAY I 4 II RECORDED 03/23/2018 AS Doc. No. 2078-0775008 O.R. EXISTING PRIVATE ACCESS AND UTILITY EASEMENT RECORDED 7/06/2016 AS Doc. No. 2016-0335396 O.R. I I li I ct 2 EXISTING 28' WIDE IRREVOCABLE OFFER OF DEDICATION 4T TO THE CITY OF POWAY RECORDED 10/08/1982 IN 1❑ I I FILE/PAGE No. 82-310309 O.R. --------------------- OAK ---- OAK TRAIL LANE (N00°05'49"W 565.96' PM 12471) PARCEL 3 PM 4152 WATER EASEMENT - IN PARCEL 1 OF PARCEL MAP No. 9452 DIMENSIONS LAND SURVEYING 8 MAPPING 782 SUNNY HILLS CT. RAMONA, CA 92065 PH 760 525-1975 4lepoge@cox.net V�u NO. 7524 / DATE: 6/06/18 SCALE: 1" = 80' BY: FRL SHEET 1 OF 3 EXHIBIT 'B' WATER EASEMENT PLAT APN 277-020-13 N00018'24"W 642.67' 1101 PARCEL 1 I f PARCEL MAP No. 9452 APN: 277-020-13 8 , 9 i � 10 II 11 14 � WATER EASEMENT AREA = 18.536.28 SO. FT EASEMENT DATA TABLE S69°37'22"W 63.48' S71032'49"W 96.02' R=402.00' n=16"34'21" L=116.28 S54058'28"W 95.10' R=298.00' 6=33°23'57" L=173.71 S88022'25"W 163.72' N88°40'53"W 45.95' WATER EASEMENT - IN PARCEL 1 OF PARCEL MAP 111 1 I © I PARCEL 1 PARCEL MAP No. 9452 APN: 277-020-13 I 1 I I \I I I I II I 1 \ \ \ \\ \ t 77\ 77 MATCHLINE SHEET 1 \ t t\ \ t No. 9452 PARCEL 4 PM 12471 APN: 277-020-24 DATE: 6/06/18 SCALE: 1" = 80' BY: FRL T 2 OF 3 EXHIBIT 'B' WATER EASEMENT PLAT APN 277-020-13 EASEMENT LEGEND PRELIMINARY TITLE REPORT FURNISHED BY LAWYERS TITLE COMPANY. 9095 RIO SAN DIEGO DR.. STE. 400 SAN DIEGO. CA 92108 - FILE NO. 317324785 DATED OCTOBER 25. 2017. j 10 AGEE PTR PARCEL 6 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES* O AGEE PTR PARCEL C 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES* (--')AGEE PTR PARCEL D 40' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES OAGEE PTR PARCEL E 30' OR 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS AND PUBLIC UTILITIES 5O 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITIES GRANTED TO OLD COACH PROPERTIES V1, LTD. OLD COACH PROPERTIES 42. LTD. OLD COACH PROPERTIES U3. LTD. OLD COACH PROPERTIES u4, LTD RECORDED AUGUST 19. 1972 AS FILE/PAGE NO. 200674 O.R.* ©60' WIDE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO HELEN KYTASTY DESCRIBED IN EXHIBIT D OF FILE/PAGE NO. 78-230956 RECORDED JUNE 5. 1978 O.R. (UNPLOTTABLE) 07 60' WIDE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 5. 1979 AT FILE/PAGE NO. 79-510766 O.R.* 08 40' WIDE PRIVATE ROAD EASEMENT PER PARCEL MAP NO. 9452 O 40' AND 60' WIDE EASEMENT GRANTED TO SDGE RECORDED FEBRUARY 5. 1980 AT F/P NO. 80-041260 O.R. 10 40' OR 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO WILLIAM C. 8 JUDITH M. LEVY ON FEBRUARY 13. 1980 AT FILE PAGE NO. 80-050581 O.R. 11 60' WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO OLD COACH PROPERTIES #1. LTD. OLD COACH PROPERTIES tit. LTD. OLD COACH PROPERTIES n3. LTD AND COACH PROPERTIES LTD. RECORDED ON SEPTEMBER 12, 1980 AT FILE/PAGE NO. 80-295489 O.R. 12 40' WIDE EASEMENT FOR CONSTRUCTION. MAINTENANCE AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES GRANTED TO COACH PROPERTIES LTD. RECORDED ON JULY 31. 1981 AT FILE/PAGE NO. 81-242687 O.R. 13 40' WIDE EASEMENT FOR CONSTRUCTION. MAINTENANCE AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES GRANTED TO HELEN KYTASTY RECORDED ON JUNE 25. 1982 AT FILE/PAGE 82-196220 O.R. 14 40' WIDE EASEMENT TO CONSTRUCT AND MAINTAIN. PLACE, OPERATE. INSPECT. REPAIR, REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION FACILITIES. INCLUDING INGRESS AND EGRESS. CONSISTING OF WIRES. CABLES. CONDUIT. MANHOLES. HANDHOLDS AND ABOVE GROUND MARKERS. PEDESTALS. TERMINAL EQUIPMENT CABINETS GRANTED TO PACIFIC BELL RECORDED ON DECEMBER 27, 1985 AS DOC NO. 1985-490032 O.R. 15 52' WIDE EASEMENT FOR CONSTRUCTION. MAINTENANCE AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES GRANTED TO COACH PROPERTIES LIMITED 8 OLD COACH PROPERTIES u3 LTD RECORDED NOVEMBER 6. 1986 AS DOC. NO. 1986-0509543 O.R. 16 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS ENTERED INTO BETWEEN THE CITY OF POWAY AND JOHN & VICKI MCMINN RECORDED MARCH 23. 1988 AS DOC NO. 1988-0132345 O.R. AFFECTS PARCEL 1 OF PM 9452 AND AS SHOWN. \(17)10' WIDE AND 3' EASEMENT. AROUND EVERY FACILITY INSTALLED. AND RIGHT OF WAY FOR UNDERGROUND FACILITIES FOR THE TRANSMISSION OF ELECTRICITY AND COMMUNICATION FACILITIES GRANTED TO SDGE RECORDED ON AUGUST 14, 1990 AS DOC. NO. 1990-0444380 O.R. SEE DOCUMENT FOR FACILITY LOCATIONS 18 30' WIDE WATER EASEMENT GRANTED TO THE CITY OF POWAY RECORDED ON JUNE 19. 2001 AS DOC. NO. 2001-0410331 O.R. * NOTE: EASEMENT ITEMS LISTED ABOVE WHICH CONTAIN AN ASTERIK LIE OUTSIDE OF THE INFLUENCE AREA OF THE WATER EASEMENT BEING GRANTED TO THE CITY OF POWAY DATE: 6/06/18