Grant of Easement 2019-0143190Commonwealth Land Tale Company
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O, BOX 789
POWAY CA 92074
APN: 317-152-14-00
GRANT OF EASEMENT
DOC# 2019-0143190
Illllllllllllllllllllllllllllllllllllllllfllllllllllllllllllllllllllll
Apr 19, 2019 01:32 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES:9
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
for Recorder's
Villa de Vida Poway, L.P., a California Limited Partnership (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
Commonwealth Lard Title Company
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 317-152-14-00
THIS DOCUMENT HAS BEEN
ELECTRONICALLY RECORDED. SEE
THE ATTACHED COVER PAGE FOR
RECORDING INFORMATION
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
for Recorder's Use)
Villa de Vida Poway, L.P., a California Limited Partnership (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 Drainage Easement / APN: 317-152-14
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
, 2019.
OWNER: Villa de Vida Poway, L,P,,
a California Limited Partnership
By: Villa de Vida GP LLC,
a California limited liability company,
its managing general partner
By: Mercy Housing Calwest,
a California nonprofit public benefit corporation,
its sole member/manager
By: 5j!;L V ".UW Pate: Li
Name: Erika Villablanca
Its: Vice President
By: VDV Poway LLC,
a California limited liability company,
its administrative general partner
By: Villa de Vida Inc.,
a California nonprofit public benefit corporation,
its sole member/manager
Grant of Drainage Easement/ APN: 317-152-14
Page 3
By: Ci,Date: �--t I t Z t
Name: Hunter Christian
Its: Executive Director
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Alan Fenstermacher, City Attorney
Grant of Drainage Easement/ APN: 317-152-14
Page 3
By: -
Name:
Its:
Approved as to Form:
Office of the City Attorney
Date:
(Signature Must Be Notarized)
a& %VII-- Date: ` o` 7
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 ,, (A Los Angeles )
On SIO before me, Marteen Garay, Notary Public
.1, `Date Here Insert Name and Title of the Officer
personally appeared Erika Villablanca
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.
MARTEEN GARAY WITNESS my hand and official seal.
Notary Public - California
Los Angeles County
Z Commission k 2263075 Signature
My Comm. Expires Oct 18, 2022 Signature of Nota 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:
Number of Pages:
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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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 Los Angeles
On i.I U1o before me,
ate
personally appeared
Marteen Garay, Notary Public
Here Insert Name and Title of the Officer
Hunter Christian
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.
aMy
MARTEEN GARAY
Notary Public • California
Los Angeles County
Commission N 2263075
Comm. Expires Oct 18, 2022
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.
A&/� ikw
Signature
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:
Number of Pages:
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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
d ••. •� -•. ••. -•. •d -d -d -d •d •d -,. -•. ••, •d -d •. •d •d -d -•. •d ••. -d -d •� •d -d -d •�, •d •d •d -d •d •d -d -d •d -d -d •d •� •d •d •
Grant of Drainage Easement / APN: 317-152-14
Page 4
CERTIFICATE OF ACCEPTANCE
Grant of Drainage Easement
APN: 317-152-14
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: ` , 2-,'-)1 9 from Villa
de Vida Poway, L.P., a California Limited Partnership, (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: q Aq /17 CITY OF POWAY
Seal:
1,\ TM
Vobert J. Mania
Director of Development
EXHIBIT `A'
EASEMENT 19-002
DRAINAGE AND PUBLIC UTILITY EASEMENT
BEING A PUBLIC EASEMENT FOR DRAINAGE AND PUBLIC UTILITY PURPOSES
OVER, UNDER, ALONG, AND ACROSS THAT PROPERTY SITUATED IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 AND THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, ALL IN
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS
CONVEYED TO THE COUNTY OF SAN DIEGO PER DEED RECORDED OCTOBER 21,
1913, IN THE OFFICE OF THE SAN DIEGO RECORDER, IN BOOK 0500, PAGE 231 OF
DEEDS, DESCRIBED AS FOLLOWS;
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 14, DISTANCE
ALONG SAID SOUTH LINE NORTH 89000'00" WEST, 3955.50 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION 23, BEING A POINT IN THE CENTER LINE OF
HIGHWAY COMMISSION ROUTE 3, DIVISION 2; THENCE ALONG THE CENTER LINE
OF SAID ROUTE 3 SOUTH 00040'21" WEST A DISTANCE OF 139.02 FEET; THENCE
LEAVING SAID CENTER LINE SOUTH 85056'33" WEST A DISTANCE OF 54.18 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT BEING 54.00 FEET WESTERLY OF SAID
CENTERLINE OF ROUTE 3 ON THE RIGHT OF WAY; THENCE CONTINUING SOUTH
85056'33" WEST A DISTANCE OF 54.00 FEET; THENCE NORTH 00°40'21" EAST A
DISTANCE OF 16.00 FEET; THENCE NORTH 85056'33" EAST A DISTANCE OF 54.00
FEET TO A POINT ON SAID RIGHT OF WAY; THENCE SOUTH 00°40'21" WEST A
DISTANCE OF 16.00 FEET TO THE SAID TRUE POINT OF BEGINNING.
ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT.
EXHIBIT "B"
EASEMENT 19-002
LIRA/NAGE ANO P09LIC UT/L/TY EASEMENT
OAK KNOLL R� — -
SCALE- /"--100'
0
SECMN 14
SECTION 23
CENTER LINE--"
OAK KNOLL ROAD
CENTER LINE
POMERADO ROAD
APN 317-152-14
L4
N890000Alp/
3955.50'
n/WMrX'
OF SECTION 23
ENTER LINE
ROUTE
,01W51ON 2
LEGEND
EXCEL ENG/NEEJP/NG
44V 5,0472.r PG4CE
£5WNOIX, 04 92019
PHONE (760) 745-8118
100 200
a
LAE TABLE
STREET CENTERLINE
----------------------------
STREET RIGHT-OF-WAY L/NE
lam•
----------------------------
BEARIAG
LEAG'TH
-------
PROPERTY LIN£
L1
AVO °40'21"£
MY 02'
PROPOSED P!/BLIC 0)Z/TY EASEMENT
L2
A(95 °56',33 "E
54-18'
P' C 0
POINT OF COMMENCEMENT
L3
N85 °56',33 "E
54.00'
.
T. P-0- B
TRUE POINT OF BEGINNING
L4
AVO 040 Z> "E
16.00'
L5
N95 °56',33 "E
54.00'
L6
NOD 040'21 "E
16.00'
EXCEL ENG/NEEJP/NG
44V 5,0472.r PG4CE
£5WNOIX, 04 92019
PHONE (760) 745-8118
100 200
a