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Grant of Easement 2019-0451658 DOC# 2019-0451658 III I0111111111111 11111111111111111 OI l IIIIIIAIIOIIII RECORDING REQUESTED BY: Oct 09, 2019 02:58 PM OFFICIAL RECORDS CITY OF POWAY Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: FEES: $0.00 (SB2 Atkins: $0.00) PCOR: NIA CITY CLERK PAGES: 6 CITY OF POWAY P.O. BOX 789 POWAY CA 92074 (This space for Recorder's Use) APN: 317-490-14 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $-0- pursuant to R&T Code 11922 (Conveyance to a Government Agency) FALK PROPERTIES LLC (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 tenement, without changing the purpose of such use, change the location of facilities within the Grant of Easement/APN: 317-490-14 Page 2 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. GRANTEE may vacate this easement, should the GRANTOR receive written consent from the GRANTEE to relocate the existing pipelines and appurtenances thereto within this easement area, and should the GRANTOR grant a new easement to 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 WITNE.S WHEREOF, the GRANTOR has executed this Easement this day of e\karA6r 2019. OWNER: FALK PROPERTIES LLC By: Date: -z.-t9 De orah Falk, Trustee under the Falk Properties LLC (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney dif/t/ / Date: W7(2 n/ Alan Fenstermacher, City Attorney CALIFORNIA 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 kr. O1e3b OnAOCk)S4- )3-o 19 before me, P VN°4 c Cerl Du i Date vAA.1.),Here Insert Name and Title of the Officer personally appeared tQ_cOo(0-h 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 N'3:t'a> E.PEINADO •, paragraph is true and correct. . �e Notar Public-California t - Y z - iy.. z --,. � San Diego County > 7.,10/ Commission*2230129 WITNESS my hand and official seal. My Comm.Expires Feb 2,2022 s c Signature Place Notary Seal and/or Stamp Above Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer— Title(s): ❑ Partner— 0 Limited 0 .-neral 0 Partner— 0 Limited 0 General ❑ Individual • Attorney in Fact . 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signe 'epresenting: Signer is Representing: ©2018 National Notary Association Grant of Easement/APN: 317-490-14 Page 3 CERTIFICATE OF ACCEPTANCE Grant of Storm Drain Easement APN: 317-49044 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: /a g/I Q from Falk Properties LLC, (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/3°// I CITY OF POWAY /,i Seal: By: A j/1 LL�� R•J•ert J. Ma -s V Director of Development Se , es OF Pp (,, THE EXHIBIT "A" LEGAL DESCRIPTION FALK PROPERTIES LLC APN 31.7-490-14 That certain strip of land situated in the City of Poway, County of San Diego, State of California lying in that portion of the Northwest Quarter of the Southeast Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, shown on Record of Survey No. 20838, filed October 26,.2010 as File No. 2010-057660.9 in the Office of the County Recorder of said San Diego County, said strip being more particularly described as follows: PARCEL 1 A strip of land 20.00 feet wide, the centerline of which is described as follows: COMMENCING at a lead and tag stamped "LS 5758" per said Record of Survey No. 20838, said monument bears South 47°52'03" West 229.97 feet from a lead and tag stamped "LS 5758" per said Record of Survey No. 20838; thence along the southwesterly line of said portion of land shown on said Record of Survey No. 20838, South 42°07'15" East 74.62 feet to the beginning of a non-tangent curve concave northwesterly and having a radius of 260.00 feet, a radial line of said curve from said point bears North 64°48'51" West and being the TRUE POINT OF BEGINNING; Thence leaving said southwesterly line and along said curve northerly 53.31 feet, through a central angle of 1 1°44'55"; Thence North 13'26'14" East 58.50 feet; Thence North 42°07'57" West 6.10 feet to the southeasterly right-of-way line of Poway Road. The sidelines of said strip of land shall be lengthened or shortened so as to terminate northerly in said southeasterly right-of-way line of Poway road, and southwesterly in said southwesterly line of that portion of land shown on said Record of Survey No. 20838. CONTAINING: 2358.18 SQ. FT. more or less. ci.% ski SUBJECT TO all covenants, rights, right-of-way and easements of record. / ,. 0 .r" 0 47 EXHIBIT "B" attached and made a part hereto. w NO, 4768 �- /0—OOP? opCiOo• . Peter C. Golding, PLS 4768 License Expires: 3-31-20 FOUND LEAD & DISC STAMPED "LS 5758" PER ROS No. 20838 / Q / 6' , N42 07'57"W :PP v,S)0( 1' 40 6.10' c) Q° P�`5�h9,°5 1C, 04 0 YN\ `SO t0 oo- ;(v / �o V 00- FOUND LEAD & DISC :\11 STAMPED "LS 5758" PER ROS No. 20838 1, 2000, FALK PROPERTIES LLC APN: 317-490-14 P.O.C. 11 S h OO ROE No, 20838 �O v O• ''� ' JL5'_ 'i% /ry ��'� POR. NW 1/4, S E 1/4 SEC. 14 c5'�_ / T14S, R2W, S.B.M. pl\il No, 3020 T.P.O.B. P R C 4 EXISTING DRAINAGE EASEMENT TO \ \\ SAN DIEGO COU TN Y FLOOD CONTROL DIS TRIC T PER STORM DRAIN EA SEMEN T DOC No. 74-240422, REC. 9-4-74 TO CITY OF POWAY 2358.18 SO. FT LAND sG ( ) RECORD PER ROS No. 20838 (-- r . Cpl � • THIS PLAT WAS PREPARED BY ME OR UNDER MY o o DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL w NO. 4768 z LAND SURVEYOR'S ACT ON JULY 10, 2019. GRAPHIC SCALE çC / 1p l0-Zo, 0' 15' 30' 60' s NQ f1/�F ,c0,V PETER C. GOLDING L.S 4768 SCALE 1"= 30' C Al ., n �- '1.47IT 99 99 E SHEET NUMBER FALK PROPERTIES LLC i ' STORM DRAIN EASEMENT 1 12703 POWAY RD POWAY, CA 92064 15092 AVENUE OF SCIENCE, SUITE 200 OF 1 SHEETS SAN DIEGO, CA 92128 JOB NUMBER P: 858.385.0500 WWW.NVS.COM PREPARED FOR: CITY OF POWAY DATE SUBMITTED:7/10/19 226817-0000210.04 N: \226817-0000210-04\CADD`SURVEY`210_04_STORM_DRAIN_E.ASEMENTDWG