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Grant of Street Right-of-Way 2019-0343707X of RECORDING 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# 2019-0343707 111111 IIIII IIIII IIIII IIII 11111111111 IIIII IIIII IIIII IIIII 11111 IIII IIII Aug 14, 2019 01:24 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 9 (This space for Recorder's Use) GRANT OF STREET RIGHT-OF-WAY (KIRKHAM WAY) 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 right-of-way and incidents thereto for a public street upon, over and across that certain real property in the City of Poway, County of San Diego, State of California, described as follows: (EE ATTACHED LEGAL DESCRIPTION EXHIBIT "A", AND PLAT EXHIBIT "B" MADE A PART HEREOF) The GRANTOR hereby further grants to the GRANTEE the privilege and right to extend drainage structures and street improvements beyond the limits of the herein described right-of-way where required for the construction and maintenance of said City Street. RESERVING unto GRANTOR of the above-descri bed- parcel = of -land, Jts successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of GRANTEE, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The GRANTOR hereby grants to GRANTEE all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, improvement, or maintenance of said street. The GRANTOR, its successors and assigns, hereby waives any claim for any and all damages to GRANTOR's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said roadway. Grant of Street Right-of-way / APN: 323-091-09 Dated this day of .7 to 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 By: Michael Nigro Date: Its: ` (Signature Must Be Notarized) APPROVED AS TO FORM: Office of the City Attorney UJI41e Alan Fenstermacher, City Attorney STATE OF ILLINOIS COUNTY OFC',pp I certify that on thedtday of 'l"St, nom-- 20, 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 1114111111111 W 11, Official Seat Beverly A Dillon Notary Public Sta fey 03!0312022 My commission Exp For internal use only t EXHIBIT "A" ESMT 19-003 (PUBLIC STREET 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: PARCEL A THAT PORTION OF THAT CERTAIN EASEMENT FOR PUBLIC STREET PURPOSES AS DEDICATED AND REJECTED PER SAID PARCEL MAP. BEING A STRIP OF LAND 65.00 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 1703946" A DISTANCE OF 359.91 FEET TO THE BEGINNING OF A COMPOUND 29.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 45002'21" 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 SOUTHEASTERLY, A RADIAL LINE TO SAID- POINT BEARS SOUTH 70057'56" WEST; THENCE NORTHERLY, EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 240017'51" A DISTANCE OF 230.67 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING A POINT OF CUSP IN SAID SOUTHEASTERLY LINE AND THE BEGINNING OF A TANGENT 1232.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 48044'13" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18051'17" A DISTANCE OF 405.58 FEET TO THE BEGINNING OF A COMPOUND 55.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 67035'30" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL 2 NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 101 047'40" A DISTANCE OF 97.72 FEET TO THE POINT OF INTERSECTION WITH THE NORTHWESTERLY SIDELINE OF SAID EASEMENT AND THE POINT OF TERMINUS, A RADIAL LINE TO SAID POINT BEARS NORTH 10036'50" EAST. SB&O, INC. 1 Of 2 Parkway Summit Job No. 73872.00 D:173872 Parkway Summit105 SurveyV-egalsIRW Dedication. docx CONTAINING 25,668 SQUARE FEET MORE OR LESS. BEGINNING AT THE AFOREMENTIONED POINT OF TERMINUS OF PARCEL A, A RADIAL LINE TO SAID POINT BEARS NORTH 10°36'50" EAST; THENCE CONTINUING WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID 55.00' FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 138030'11" A DISTANCE OF '132.95 FEET TO THE BEGINNING OF A REVERSE 29.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 52006'39" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63059'44" A DISTANCE OF 32.95 FEET TO A POINT OF CUSP_ WITH THE NORTHWESTERLY SIDELINE OF PARCEL A OF THIS LEGAL DESCRIPTION, ALSO BEING THE BEGINNING OF A COMPOUND 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND CONCENTRIC WITH THE AFOREMENTIONED 1235.50 FOOT RADIUS CURVE FROM SAID PARCEL A, A RADIAL LINE TO SAID POINT BEARS SOUTH 63053'37" EAST; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06020'28" A DISTANCE OF 129.21 FEET TO THE POINT OF BEGINNING. CONTAINING 3,686 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. SSS ®{AAL L4 P�LS.� 'sG O m 6922 *_ q� CALIF�`p SB&O. INC. 2 Of 2 Parkway Summit Job No. 73872.00 D:173872 Parkway Summitk05 SurveylLegalslRW Dedication. docx EXHIBIT "B" VICINITY MAP NOT TO SCALE SITE KIRKHAM LEGEND 71 INDICATES PUBLIC STREET DEDICATION — PARCEL A AREA=25, 668 SQ. FT., MORE OR LESS INDICATES PUBLIC STREET DEDICATION — PARCEL B AREA=3,686 SQ. FT., MORE OR LESS INDICATES PROPERTY BOUNDARY — PARCEL 2 OF PM 21053 P. O. C.. INDICA TES. POI N T _OF COMMENCEMEN T P.O.B. INDICATES POINT OF BEGINNING T.P.O.'B. ' "W61CATES TRUE POINT OF BEGINNING P.O. T. INDICATES POINT OF TERMINUS () INDICA TES RECORD DA TA PER PM 21053 OINDICATES "KIRKHAM WAY" AS DEDICATED TO THE PUBLIC PER PM 21053. OINDICATES AN EASEMENT FOR PUBLIC PEDESTRIAN WALKWAY ACCESS DEDI CA TED TO THE CITY OF PO WA Y PER PM 21053. OINDICATES AN EASEMENT FOR GENERAL UTILITY PURPOSES DEDI CA TED TO THE CITY OF POWA Y PER PM 21053. OEXISTING I.O.D. FOR PUBLIC STREET EASEMENT PER PM 21053. PARKWAY SUMMIT SHEET 1 OF -4 SHEETS 4 PUBLIC STREET o 0 EASEMENT DEDICATION 0 PLANNING ENGINEERING SURVEYING 3-4-19 73872.05 Zli Q 0 0 �o 0 0 0 k w N 00 Q z w J cz EXHIBIT "B" CURVE TA BL E DEL TA. RADIUS LENGTH Cl 63°59'44" 29.50' 32.95' C2 240'17'51 " 55.00' 230.67' P.AR rE'Ll :J SCALE: 1 " = 300' GRAPHIC SCALE 300 0 300 Prlr`?C.l 4 3-4-19 73872.05 EXHIBIT "B" CURVE TABLE DEL TA RADIUS LENGTH C1 101 °47'40" 55.00' 97.72' C2 63°59'44" 29.50' 32.95' C3 101 °47'40" 55.00' 97.72' ��lf�rrl s �,9 . so�so, PROPERTY o i BOUNDARY I (TYP.) I / / R=55•o0� / o < (► A I I a A �P 4 N ,y / P. 0. T. PARCEL A P. 0. B. PARCEL B Ov i �4y ,10 PCL B �a ,o 0 ON .( B i J , PA RCEL A o0 h a„ �O D �O hQ rr 1 4 `*,�T. P. 0. B. PARCEL A -PL J , Lo ^II J GRAPHIC SCALE 50 0 50 �-4 ENGINEERINGPLANNING J-4-19 73872.05 C _N 0 I w 0 cc x N N co w ui _J lz CERTIFICATE OF ACCEPTANCE Street Right -of -Way 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 right-of-way described in the attached document dated: JUAf 14 , .2pt&i 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: 2! 11 I Seal: rrr IN rEiG co CITY OF POWAY By: R bert J. Ma s Director of Development Services