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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