Grant of Pedestrian Access Easement 2019-0343751RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
APN: 323-091-09
DOC# 2019-0343751
IIIII IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Aug 14, 2019 01:36 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S132 Atkins- $0.00)
PCOR- NIA
PAGES- 10
(This space for Recorder's Use)
GRANT OF PEDESTRIAN ACCESS EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company, (hereinafter
GRANTOR), hereby grants to CITY OF POWAY (hereinafter GRANTEE), its successors, or
assigns, the easement and incidents thereto for a pedestrian access easement upon, over and
across that certain real property in the City of Poway, County of San Diego, State of California,
described as follows:
(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 within said easement 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 on any portion of the easement.
GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other
vegetation or flora 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 this
easement without obtaining the prior written consent of GRANTEE.
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 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
Grant of Pedestrian Access Easement / APN: 323-091-09
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 1 day of
i L41V\4?-, , 2019.
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
Date:
(Signature Must Be Notarized)
STATE OF ILLINOIS
COUNTY OF �pp�L
I certify that on the R#day of20
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 Public
Official Seal
E
everly A Dillon
Public State of Illinois
ssion Expires 03103!2022
For internal use only
EXHIBIT "A"
ESMT 19-005
(PEDESTRIAN ACCESS EASEMENT DEDICATION)
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, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARC R A
BEING A STRIP OF LAND 6.00 FEET IN WIDTH, LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE'ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SHOWN AND
DESCRIBED ON SAID PARCEL MAP AS "N62037'35"E 527.15"'; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 62037'26" EAST, 527.15 FEET TO THE
BEGINNING OF A 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 17039'46" A DISTANCE OF 359.91 FEET TO THE TRUE POINT
OF BEGINNING, ALSO BEING THE BEGINNING OF A TANGENT 1167.50 RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 45002'21" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE OF
PARCEL 2 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE 06034'56" A DISTANCE OF 134.12 FEET TO THE POINT OF
TERMINUS, A RADIAL LINE TO SAID POINT BEARS SOUTH 51037'17" EAST.
THE SIDELINES OF THE AFOREMENTIONED DESCRIBED 6.00 FOOT WIDE STRIP
OF LAND TO TERMINATE SOUTHWESTERLY AND NORTHEASTERLY IN THE
SIDELINES OF THE EXISTING 6.00 FOOT.WIDE PEDESTRIAN ACCESS
EASEMENT DEDICATED TO THE CITY OF POWAY PER SAID PARCEL MAP NO.
21053.
CONTAINING 803 SQUARE FEET MORE OR LESS.
BEING A STRIP OF LAND 6.00 FEET IN WIDTH, LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE AFOREMENTIONED POINT OF TERMINUS OF PARCEL A,
ALSO BEING A POINT ON THE NORTHWESTERLY SIDELINE OF "KIRKHAM WAY"
AS DEDICATED TO THE PUBLIC PER DOCUMENT RECORDED &A
SB&O, INC. 1 Of 2 Parkway Summit
Job No. 738 72. 00 D:173872 Parkway Summitk05 SurveyV-egalslPed Access Esmt;;:'''`
Dedication. docx
2019, AS DOCUMENT NO. 9019'-- 0 �7 "�1 , OF OFFICIAL RECORDS, AND
THE BEGINNING OF A 1167.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51037'17"
EAST; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY SIDELINE
AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12016'20" A
DISTANCE OF 250.07 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING
THE BEGINNING OF A COMPOUND 29.50 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63053'37" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 63059'44" A DISTANCE OF 32.95 FEET TO THE BEGINNING OF A
REVERSE 55.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO
SAID POINT BEARS SOUTH 52006'39" WEST; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 138°30'11" A
DISTANCE OF 132.95 FEET TO THE POINT OF TERMINUS, A RADIAL LINE TO
SAID POINT BEARS NORTH 10036'50" EAST.
EXCEPTING THEREFROM ANY PORTION LYING SOUTHEASTERLY OF THE
NORTHWESTERLY SIDELINE OF THE EXISTING 6.00 FOOT WIDE PEDESTRIAN
ACCESS EASEMENT DEDICATED TO THE CITY OF POWAY PER SAID PARCEL
MAP NO. 21053.
CONTAINING 911 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
ICHAEL S. B
CHER, PLS 6922
DATE
r OtAAL 1
LS.
%'C
s9j► ly0 692?
CALIF®
SB&O, INC. 2 Of 2 Parkway Summit
Job No. 738 72. 00 D:173872 Parkway Summit105 SurveylLegalsiPed Access Esmt
Dedication. docx
EXHIBIT "B"
VICINITY MAP
KIRKHAM
.E
SITE
LEGEND
INDICATES PEDESTRIAN ACCESS EASEMENT DEDICATION -PARCEL A
AREA=803 SQ. FT., MORE OR LESS
INDICATES PEDESTRIAN ACCESS EASEMENT DEDICATION -PARCEL B
AREA=911 SQ. FT., MORE OR LESS
INDICATES PROPERTY BOUNDARY - PARCEL 2 OF PM 21053
T. P. 0. B. INDICA TES TRUE POINT OF BEGINNING
P.O. T. INDICATES POINT OF TERMINUS
() INDICA TES RECORD DA TA PER PM 21053
O
INDICATES PORTION OF "KIRKHAM WAY" DEDICATED TO THE PUBLIC PER
PM 21053.
OINDICATES AN EASEMENT FOR PUBLIC PEDESTRIAN WALKWAY ACCESS
DEDICA TED TO THE Cl TY OF PO WA Y PER PM 21053.
OINDICATES AN EASEMENT FOR GENERAL UTILITY PURPOSES DEDICATED
TO THE CITY OF POWAY PER PM 21053.
O INDICATES PORTION OF "KIRKHAM WAY" DEDICATED PER DOC. REC.
2019, AS DOC. NO. 2019-
0INDICATES A GENERAL UTILITY EA SEMEN T DEDICATED PER DOC. REC.
2019, AS DOC. NO. 2019 -
3-4-19 73872.05
EXHIBIT "B"
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P.O. T. PARCEL B-\
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P.O. T. PARCEL A
P.O.C. PARCEL B
T. P. O. B. PARCEL A [3T
2�
(A---17-39'46")
4=17°39'46
7- R=1167.50' L=359.91 '
(R=1167.50' L=359.91 ') /
0 C3
P. 0. C. PARCEL A �N 62°�� P Irl f' r�rL 4
pA. rr1
KEY MAP
SCALE. 1 " = 300'
GRAPHIC SCALE
300- 0 300
3-4-19 73872.05
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EXHIBIT "B"
CURVE TA BL E
DELTA
RADIUS
LENGTH
Cl
12°16'20"
1167.50'
250.07'
PROPERTY
BOUNDARY (TYP.)
,,105,5
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PA RCEL A --�
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EXHIBIT "B"
CURVE TA BL E
DEL TA
RADIUS
LENGTH
Cl
12°16'20"
1167.50'
250.07'
C2
63°59'44"
1 29.50'
1 32.95'
.
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PROPERTY
BOUNDARY
(TYP.)
3-4-19
73872.05
EXISTING
IRREVOCABLE
OFFER OF
DEDICATION
/
'i FOR PUBLIC
STREET PER
PM 21053
i
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� 1650 — �
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S7�. 14-50 E(R) R-55 /
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PROPERTY
BOUNDARY
(TYP.)
3-4-19
73872.05
Grant of Pedestrian Access Easement / APN: 323-091-09
CERTIFICATE OF ACCEPTANCE
Grant of Pedestrian Access 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: 314n -e 2Y l°l 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: 712&// I
Seal:
cr�Y
IN -n C C��
CITY OF POWAY
By: Ye :-A -
obert J. Manis
Director of Developmenta ices