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Grant of Water Easement 2019-0343649RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 APN: 323-091-09 DOC# 2019-0343649 GRANT OF WATER EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) !1111 IIIII IIIII I���i IlII 1111!1 IIIII !!III IIIII IIIII IIIII IIIII !III !III Aug 14, 2019 01:01 PM OFFICIA'- RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 21 pace for Recorder's Use RREEF CPIF KIRKHAM WAY JV, 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 the land 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 Water Easement / APN: 323-091-09 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 orin 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 "Z4 day of l r ,int?, J2019. OWNER: RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company By: RREEF CPIF Kirkham Way Member, LLC, a Delaware limited liability company, its Manager By: RREEF Core Plus Industrial REIT LLC, a Delaware limited liability company, its Member By: RREEF America, L.L.C., a Delaware limited liability company, its Investment Adviser By: Michael Ni ro. K Its: LML-6r Date: �' I)N - \ 1\ (Signature Must Be Notarized) STATE OF ILLINOIS COUNTY OFOpp1L I certify that on the q day of �IIt,P -)o , T personally appeared before me and acknowledged. under oath, to my satisfaction, that this person: Michael J. Nigro (a) is named in and personally signed this document; and, (b) signed, sealed and delivered this document as his or her act and deed. Notary ublic Official Seal Beverly A Dillon Notary Public State of Illinois My Commission Expires 03/03!2022 For internal use only Grant of Water Easement / APN: 323-091-09 APPROVED AS TO FORM: Office of the City Attorney Date: �l Alan Fenstermacher, City Attorney EXHIBIT "A" ESMT 19-009 WATER EASEMENT ALL THOSE PORTIONS OF PARCEL 2 OF CITY OF POWAY TPM 06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21053 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 25,2013,* BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARC R A BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHERLY TERMINUS -OF THAT CERTAIN COURSE ON THE SOUTHWESTLY LINE OF SAID PARCEL 2 SHOWN AND DESCRIBED ON SAID PARCEL MAP AS "N30059'25"W 541.35"'; THENCE ALONG SAID SOUTHWESTERLY- LINE SOUTH 30059'35" EAST (NORTH 30059'25" WEST PER SAID PARCEL MAP), 541.35 FEET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY SIDELINE OF PARCEL "I" (GENERAL ATOMICS WAY, FORMERLY DANIELSON STREET) OF THAT CERTAIN GRANT OF EASEMENT FOR PUBLIC ROADWAY PURPOSES GRANTED TO THE CITY OF POWAY PER DOCUMENT RECORDED FEBRUARY 28, 1991 AS DOCUMENT NO. 1991-0087358 OF OFFICIAL RECORDS, SOUTH 30059'35" EAST (NORTH 30059'00" WEST PER SAID DOCUMENT), 25.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY SIDELINE NORTH 59000'25" EAST, 31.69 FEET; THENCE NORTH 14000'25" EAST, 38.59 FEET; THENCE NORTH 25°37'31" WEST, 399.41 FEET; THENCE NORTH 04020'50" EAST, 35.83 FEET; THENCE NORTH 49020'50 EAST, 17.84 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 49020'50" EAST, 196.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 49020'50" EAST, 263.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 49020'50" EAST, 301.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH 49020'50" EAST, 259.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING NORTH 49°20'50" EAST, 283.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING NORTH 49020'50" EAST, 37.40 FEET; THENCE SOUTH 85039'10" EAST, 57.94 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "V"; THENCE CONTINUING SOUTH 85039'10" EAST, 5.00 FEET; THENCE SOUTH 40039'10" EAST, 178.91 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 4003910" EAST, 158.01 FEET; THENCE SOUTH. 04020'50" WEST, 36.17 FEET; THENCE SOUTH 49°20'50" WEST, 107.34 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 49°20'50" WEST, 223.19 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 66 199 ; THENCE CONTINUING SOUTH 49020'50" WEST, 32.90 FEET TO A POINT HEREINAFTER Sa&o. INC. 1 of 9 Parkway summit Job No. 73872.00 D.173872 Parkway Summit105 SurveyV_egalslPublic Water Esmt.docx REFERRED TO AS POINT "J"; THENCE SOUTH 40°39'10" EAST, 19.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE CONTINUING SOUTH 40039'10" EAST, 126.08 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; THENCE CONTINUING SOUTH 40°39'10" EAST, 145.16 FEET; THENCE SOUTH 04020'50" WEST, 16.63 FEET; THENCE SOUTH 49020'50" WEST, 153.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "M"; THENCE CONTINUING SOUTH 49020'50" WEST, 255.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "N"; THENCE CONTINUING SOUTH 49°20'50" WEST, 263.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT ".O"; THENCE CONTINUING SOUTH 49020'50" WEST, 282.44 FEET; THENCE NORTH 85039'10" WEST, 24.18 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "P"; THENCE CONTINUING NORTH 85039'10" WEST, 48.38 FEET; THENCE NORTH 40039'10" WEST, 97.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "P-1"; THENCE CONTINUING NORTH 40039'10" WEST, 146.92 FEET TO A POINT HEREINAFTER. REFERRED TO AS POINT "Q"; THENCE NORTH 28°04'40" WEST, 6.91 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING NORTH 28004'40" WEST, 84.95 FEET; THENCE NORTH 40039'10" WEST, 108.18 FEET TO A POINT HEREINAFTER' REFERRED TO AS POINT "R-1"; THENCE CONTINUING NORTH 40°39'_10" WEST, 73.49 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "S"; THENCE NORTH 40°39'10" WEST, 142.42 FEET TO THE AFOREMENTIONED DESCRIBED POINT "A", ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF THE AFOREMENTIONED DESCRIBED STRIP OF LAND TO TERMINATE WESTERLY AT THE TRUE POINT OF BEGINNING IN THE NORTHEASTERLY SIDELINE OF SAID GENERAL ATOMICS WAY. CONTAINING 2.13 ACRES MORE OR LESS. FOR-TeMdups. BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "B"; THENCE NORTH 40039'10" WEST, 19.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 90 SQUARE FEET MORE OR LESS. PARCEL C BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: SB&O, INC. 2 Of 9 Parkway Summit Job No. 73872.00 , D:173872 Parkway Summit105 SurveylLegalslPublic Water Esmt.docx BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "C"; THENCE NORTH 40039'10" WEST, 19.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 90 SQUARE FEET MORE OR LESS. PARCEL D BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "D"; THENCE NORTH 40039'10" WEST, 19.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 90 SQUARE FEET MORE OR LESS. PARC R F BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "E"; THENCE NORTH 40039'10" WEST, 19.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 90 SQUARE FEET MORE OR LESS. PARC R F BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "F"; THENCE SOUTH 40039'10" EAST, 21.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 110 SQUARE FEET MORE OR LESS. SB&O. INC. 3 Of 9 Parkway Summit Job No. 738 72. 00 D:173872 Parkway Summit105 SurveyV-egalslPublic Water Esmt.dOCX PARC R C-, BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "G"; THENCE SOUTH 49020'50" WEST, 17.50 FEET TO THE POINT OF -TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 75 SQUARE FEET MORE OR LESS. PARC R H BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "H"; THENCE SOUTH 40°39'10" -EAST, 55.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 450 SQUARE FEET MORE OR LESS. PARCEL I BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT 6619y; THENCE SOUTH 48051'57" EAST,. 302.88 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE AFOREMENTIONED DESCRIBED STRIP OF LAND TO TERMINATE SOUTHERLY ON THE ARC OF A 55.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT OF TERMINUS BEARS NORTH 50020'48" WEST. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 5,862 SQUARE FEET MORE OR LESS. a SB&O. INC. 4 Of 9 Parkway Summit Job No. 73872.00 D:173872 Parkway Summit105 SurveylLegalslPublic Water Esmt.docx PAR(;FI .I BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "J"; THENCE SOUTH 49020'50" WEST, 335.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "T"; THENCE CONTINUING SOUTH 49°20'50" WEST, 5.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 6,610 SQUARE FEET MORE OR LESS. oTam, BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED'DESCRIBED POINT "K"; THENCE SOUTH 49020'50" WEST, 43.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 330 SQUARE FEET MORE OR LESS. PARCFI I BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "L"; THENCE NORTH 49020'50" EAST, 16.50 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 65 SQUARE FEET MORE OR LESS. PARCFI M BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "M"; THENCE SOUTH 40039'10" EAST, 17.50 FEET TO THE POINT OF TERMINUS. SB&o. INC. 5 of 9 Parkway Summit Job No. 73872.00 D:173872 Parkway Summit105 SurveylLegalslPublic Water Esmt.docx EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 75 SQUARE FEET MORE OR LESS. PARCEL N BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "N"; THENCE SOUTH 40039'10" EAST, 17.50 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 75 SQUARE FEET MORE OR LESS. PARCEL 0 BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING -5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "O"; THENCE SOUTH 40039'10" EAST, 17.50 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 75 SQUARE FEET MORE OR LESS. PAR[;FI P BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "P"; THENCE SOUTH 04020'50" WEST, 16.50 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 65 SQUARE FEET MORE OR LESS. PAR(;FI P-1 BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: Se&o, INC. 6 of 9 Parkway summit Job No. 73872.00 D:173872 Parkway Summit105 SurveylLegalslPublic Water Esmt.docx BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT 66P-199; THENCE NORTH 49020'50" EAST,. 38.67 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 287 SQUARE FEET MORE OR LESS. PARCEL Q BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "Q"; THENCE NORTH 49020'50" EAST, 22.50 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCELS "A" AND "R" OF THIS LEGAL DESCRIPTION. CONTAINING 22 SQUARE FEET MORE OR LESS. - BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING, AT THE AFOREMENTIONED DESCRIBED POINT "R"; THENCE NORTH 49020.'50" EAST, 343.99 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "U"; THENCE CONTINUING NORTH 49°20'50" EAST, 5:00 THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 6,774 SQUARE FEET MORE OR LESS. PARC:FI R-1 BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "R-1 "; THENCE NORTH 49020'50" EAST, 38.67 FEET TO THE POINT OF TERMINUS. SB&O, INC. 7 of 9 Parkway Summit Job No. 738 72. 00 D:173872 Parkway Summit105 SurveyV-egalslPublic Water Esmt. docx EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 287 SQUARE FEET MORE OR LESS. PARCELS BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "S"; THENCE SOUTH 49020'50" WEST, 17.50 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 75 SQUARE FEET MORE OR LESS. PARC R T BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "T"; THENCE NORTH 40039'10" WEST, 52.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "J" OF THIS LEGAL DESCRIPTION. CONTAINING 420 SQUARE FEET MORE OR LESS. PARCEL U BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE, FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "U"; THENCE NORTH 40039'10" WEST, 52.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "R" OF THIS LEGAL DESCRIPTION. CONTAINING 420 SQUARE FEET MORE OR LESS. PARCEL V BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: SS&O. INC. 8 Of 9 Parkway Summit Job No. 73872.00 D:173872 Parkway Summit105 Surveyll_egalslPublic Water Esmt.docx BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "V"; THENCE NORTH 04020'50" EAST, 20.40 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 104 SQUARE FEET MORE OR LESS. PARrFi IN BEING A STRIP OF LAND 10.00 FEET IN WIDTH, .LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED DESCRIBED POINT "A"; THENCE NORTH 55055'15" WEST, 19.69 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL "A" OF THIS LEGAL DESCRIPTION. CONTAINING 93 SQUARE FEET MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. LANA �G cc -NO. 6922 SB&O. INC. 9 Of 9 Parkway Summit Job No. 738 72. 00 D:173872 Parkway Summit105 SurveyV-egalslPublic Water Esmt.docx EXHIBIT "B" oQ CL 0 w 15 ,o Fqk� o0AO 56 c2 56 0 PoWAY STOWS SCRIPPS � R�� LPOWAY GENERAL 67 ATOMICS WP ARKWAY SPY W KIRKHAM VICINITY MAP NOT TO SCALE SITE PARKWAY SUMMIT WATER EASEMENT 4-12-19- SHEET 1 OF 7 SHEETS SB&OZ6 PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 738-72.05 - •INDICA TES -PROPERTY LINE — — INDICATES PROPOSED PUBLIC WATER EASEMENT ® INDICATES SHEET LIMITS (SEE SHEET 2) P. 0. C. INDICA TES POINT OF COMMENCEMENT T. P. 0. B. INDICATES TRUE POINT OF BEGINNING () INDICA TES RECORD DA TA PER PM 21053 ] INDICA TES RECORD DATA PER DOC. NO. 1991-00873581 O.R. OINDICATES A PARCEL "I" OF EXISTING EASEMENT FOR ROADWAY PURPOSES GRANTED PER DOCUMENT REC. 2/28/91 AS DOC. NO. 1991-0087358, O.R. PARKWAY SUMMIT WATER EASEMENT 4-12-19- SHEET 1 OF 7 SHEETS SB&OZ6 PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 738-72.05 EXHIBIT "B" SCRIPPS -----POWAY —,p,,—, pqR KK'A Y � P, r�it�cy� 5� IMF I r'r'iRCrL :J' KEY, MAP SCALE. 1 " = 300' GRAPHIC SCALE 300 0 300 SHEET 2 OF 7 SHEETS B &0 gEl PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 4-12-19 73872.05 EXHIBIT "B" PARCEL JO'� ' L 'POINT "A'��17.84'5 5_1{96.25�,N49°20'50"E 1359.33'P. o. c. 1""w- �— T - w � / o II PARCEL '"A" W Pill] 210 5 5 Fr5I'rEL — 24.,5' Nd- rn I� -24.,5, of POINT '*S. , �, LINE DATA fzo ,- BEARING LENGTH Ll N4 20 50 E 35.83 � o L2 N55 55 15 W 19.69 PARCEL R-1 f� p I0) d- ^7 p I POINT `� n n N49 °20'50 "E p �op �0 38.6 7 Q) Ips PARCEL J*U n 7 N40 39 10 W / N28°04'40"W 1�0, 52.00' 91.86' h I !�. **R" o POINT U 5 5 I POINT I 6.91 o 1 _ 343.99 _ N49 °20'50 "E POI N T '"Q PARCEL "Q N 14 °00'25 "E N49 °20'50 "E 38.59' 1`4: , ") 22.50' N59 °00'25 "E 31.69' GRAPHIC SCALE 60 0 60 �- NI IN p �I v� to z I SEE SHEET 7 PARCEL , % SHEET 3 OF 7 SHEETS B&026 PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 6-4-19 73872.05 PARCEL EXHIBIT "B" w PARCEL '"C" PARCEL '"D'" PARCEL "E'" 5' L2 5 5�LI o L I _ 5 L4� 263.50' 301.50' - 2 9.25' N 4 9 °20'50 "E _ W) W y-5 �5 283.59'- 1359.33' 0 L3 LPOINT '"E'" W POINT '"C" r-Li/VE* -DA TA - PARCEL M LENGTH ~ L1 5'� W 5' � 196.25 N40 °39'10"W 19.00 W POINT '"B'"-� PARCEL EXHIBIT "B" w PARCEL '"C" PARCEL '"D'" PARCEL "E'" 5' L2 5 5�LI o L I _ 5 L4� 263.50' 301.50' - 2 9.25' N 4 9 °20'50 "E _ W) W y-5 �5 283.59'- 1359.33' 0 L3 LPOINT '"E'" W POINT '"C" r-Li/VE* -DA TA - BEARING LENGTH Ll N40 °39'10"W 19.00 L2 N40 °39'10"W 19.00 L3 N40039'10"W 19.00 L4 N40°39'10"W 19.00 GRAPHIC SCALE so o so POINT '"DU" PARCEL '"A'" PjW 2105,5 SHEET 4 OF 7 SHEETS BB&OZ6 PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 4-12-19 73872.05 EXHIBIT "B" PARCEL "A POINT "F" N04020'50"E W � 283.59' 37.40' \ 20.40' � W N49 °20'50 "E 1359.33' _ s�� S" J _ - s- d � o 5 � CL 41 S40039'10"E 21.00' 5.00' PARCEL "F" S85 -39"10"E 62.94' ►\° " -� POINT V10'PjW " 10 I r105-5 � I PARCEL A P.l r'? r`r 12 I � Lo PARCEL G Q _ � w S49 °20'50 "W 17'.50' ---- Lo �I I, co I `�I I Q PARCEL "A SO4 °20'50 "W 36.17' 3 I to - I� o POINT "H" x W _ S 4 9 020 50 W 698.93 _ moo" o 223.19 107.34' N W 5' -- S40°39'10"E 55.00' Z 5' PARCEL "H" Y �. SHEET 5 OF 7 SHEETS CL INN 10 P�. �G P GRAPHIC SCALE BB&OZ PLANNING ENGINEERING SURVEYING W 3990 RUFFIN ROAD, SUITE 120 z 60 0 60 SAN DIEGO, CA. 92123 www.sboinc.com 4-12-19 73872.05 EXHIBIT "e" PARCEL POINT '*J" "r POINT "I m 5) N40°39'10"W 52.00' o PARCEL s*A 5 POINT T� T- 5.00' - S49 °20'50 "W 698.93' W 335.50' _ S49 °20'50 "W 3_63.43' _ 340.50' 32.90' 223.19' PARCEL J9J� ,� w� � 19. so' i W y PARCEL K LoI 1 S49 °20'50 "W 43.00' w I 1 Q) PARCEL 1 POINT 'nKs I o NI I IN " I � I N49 20 50 E 16.50 cn� POIN T 1" ww v,1 I 10 LLi J o c�, I N L6 U °D 10' » ci- PARCEL ss A Q 10' ,aop/ N POINT M o o SO4 °20'50 "W 16.63' I �h m I PARCEL A _ �S49 020'50"W 953.94' 55 00' 153.00' 5, WT5 , S40039'10"E A=20°5731 " V� 17.50' R=55.00' L=20.12' PARCEL V GRAPHIC SCALE so o so SHEET 6 OF 7 SHEETS BB&ID?mEl PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sboinc. com 4-12-19 73872.05 EXHIBIT "B" SEE SHEET 3 N rn a� 10' 4 I I� N49°20'50"E 38.6 7'1.1 P-.1-1 ) r � �^ C3 PARCEL '"P-1 so L� N85 °39'10 "W I-. 72.56' PARCEL "A" Lo o .�_�POINT '"N'" 5S49°20'50"W 3.94' 4282.4 3.50' 55.. . �- - POINT "0S� \ S40°39'10"E 5' S40°39'10"E PARCEL _�$*0�.� z: so'...� .. _ .�._� :._ 17.50' W PARCEL '"N'" WA Y GRAPHIC SCALE so o so PROJECT BOUNDARY (TYP.) SHEET 7 OF 7 SHEETS v BB&OZ 'LANNING ENGINEERING SURVEYING ,990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 6-4-19 73872.05 Grant of Water Easement / APN: 323-091-09 CERTIFICATE OF ACCEPTANCE Grant of Water Easement APN: 323-091-09 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: LkAt 2't 201 from RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company, (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: 7 12, c� 4 7 CITY OF POWAY Seal: By: f/e�/ I'lobert J. Manis Director of Development Services (f rY 1,\' THE