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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 # N \OjrCA�iFO V SCALE. I"=100' I� 0 13NVE 9449 Balboa Avenue, Suite 270 San Diego, CA 92123 (619) 299.5550 ADAM E. EISENBERG LS 9096 DAT!