Grant of Easement 2018-0347085RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DOC# 2018-0347085
111111 VIII VIII VIII IIII 111111 VIII VIII VIII IIIA VIII VIII IIII IIII
Aug 23, 2018 11:50 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
for
APN: 317-101-15-00
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
PAGES: 8
CIP Poway LLC, a Delaware limited liability company, (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 that certain real property in the City of
Poway, County of San Diego, State of California, described in Exhibit "A" and shown in Exhibit "B"
which are made a part hereof. 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:
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.
Grant of Water Easement / APN: 317-101-15-00
Page 2
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 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 /yam day of
A" -f- 12018.
OWNER: CIP Poway LLC
a Delaware limited liability company
By: Capstone Asset Management, Inc.
a California corporation
its Manager
By: Ulm" � Date:
Alex Zikaki 19
Its: President
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Alan Fenstermacher, City Attorney
ACKNOWLEDGMENT
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 Sqn rum 1
On /1H. Z°ifr before me, Qs mo 45e Pub/h
(insert name and title of the officer)
personally appeared &('e/ Gifi::�Kr3
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.
ANN ROSE DOMINGO CREDIT
WITNESS my hand and official seal. COMM. 02147623
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
IS
aCanmission EVies Mar 26, 2020
Signature
(Seal)
Grant of Water Easement / APN: 317-101-15-00
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 317-101-15-00
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: AIA60- i; ILL oL�i g
from CIP Poway 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: S d�c'JO/ $
CITY OF POWAY
Seal: By:
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTH 489.33 FEET OF THE WEST 229.75 FEET OF THE
EAST 459.50 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE
AND MERIDIAN, AS DESCRIBED IN GRANT DEED RECORDED FEBRUARY 27, 2015
AS DOCUMENT NO. 2015-0090893 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF AN EXISTING EASEMENT GRANTED
TO THE CITY OF POWAY PER DOCUMENT RECORDED DECEMBER 20, 2017 AS
DOCUMENT NO. 2017-0596952 OF OFFICIAL RECORDS; SAID POINT DISTANT
NORTH 2020'02" EAST, 418.01 FEET FROM THE SOUTHWEST CORNER OF SAID
LAND DESCRIBED IN GRANT DEED RECORDED FEBRUARY 27, 2015 AS DOCUMENT
NO. 2015-0090893 OF OFFICIAL RECORDS; SAID POINT ALSO ON THE WESTERLY
LINE OF SAID LAND DESCRIBED, IN GRANT DEED; SAID POINT ALSO ON THE
EASTERLY LINE OF AN EXISTING EASEMENT GRANTED TO POWAY MUNICIPAL
WATER DISTRICT PER DOCUMENT RECORDED DECEMBER 28, 1978 AS DOCUMENT
NO. 78-555427 OF OFFICIAL RECORDS; THENCE LEAVING SAID LINE, EASTERLY,
ALONG THE SOUTHERLY LINE OF SAID EXISTING EASEMENT GRANTED TO THE
CITY OF POWAY PER DOCUMENT RECORDED DECEMBER 20, 2017 AS DOCUMENT
NO. 2017-0596952 OF OFFICIAL RECORDS, SOUTH 87°39'58" EAST, 33.58 FEET TO
THE EASTERLY END OF SAID LINE; THENCE LEAVING SAID LINE, SOUTH 2°20'02"
WEST, 23.00 FEET; THENCE NORTH 87°39'58" WEST, 33.58 FEET TO SAID WESTERLY
LINE OF SAID LAND DESCRIBED IN GRANT DEED, AND SAID EASTERLY LINE OF
EASEMENT GRANTED TO THE CITY OF POWAY; THENCE NORTHERLY ALONG
SAID LINE, NORTH 2°20'02" EAST, 23.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 772 SQUARE FEET, MORE OR LESS.aIANpSU9G
ADAM E. 9
No.909g
ADAM E. EISENBERG, LS 9096 DATE
r�CAOf
EXISTING EASEMENT
GRANTED TO POWAY
MUNICIPAL WATER
DISTRICT RECORDED
12/28/1978 AS
DOC.#78-555427 O.R.
P.O.B.
N2'20'02"E
EXHIBIT "B"
EXISTING EASEMENT GRANTED TO
POWAY MUNICIPAL WATER DISTRICT
RECORDED 12/20/2017 AS
�7DOC.#2017-0596952 O.R.
F
ts /-5958"W 33.58' 1
N2'20'02"EI
23.00' ��� 01 1
23.00' I N87'39'58"Wr6� Q%T1
M I 33.58' 04 00
00
o-
o I�co
0.
(� APN 317-101-15
I `LAND DESCRIBED IN 1
GRANT DEED RECORDED
2/27/2015 AS
DOC.#2015-0090893 O.R.
POWAY ROAD
L� T
EXISTING 50.00'—WIDE
COUNTY HIGHWAY EASEMENT
PER DOCUMENT RECORDED
JANUARY 2, 1963 AS
FILE/PAGE NO. 309, O.R.
FZI
INDICATES AREA OF
WATER EASEMENT.
CONTAINS 772 SQUARE FEET,
MORE OR LESS.
WATER EASEMENT
GRANTED TO CITY OF POWAY
IN A PORTION OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 , SECTION 13
T.14S., R.ZW, S.B.B.M
p%01 8//
AD
ADAM E. 9
EISENBERG
* No. 9088 #
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SCALE. I"=100'
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9449 Balboa Avenue, Suite 270
San Diego, CA 92123 (619) 299.5550
ADAM E. EISENBERG LS 9096 DAT!