Grant of Easement 2020-0382329RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DOC# 2020-0382329
111 11111 I011 111 III 1111 1111 III 111111 II
Jul 16, 2020 11:07 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
POOR: N/A
PAGES: 7
(This space for Recorder's Use)
APNs: 317-820-04 and 317-820-09
GRANT OF EASEMENT
Water and Sewer
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
ROIC Creekside Plaza, 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 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.
Grant of Easement / APNs: 317-820-04 and 317-820-09
Page 2
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
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.
30,1
IN WITSS WHEREOF, the GRANTOR has executed this Easement this /" day of
11 (-17' , 2020.
OWNER: ROIC Creekside Plaza, LLC, a Delaware limited liability company
By:
Richard K. Schoebel, Chief Operating Officer
Approved as to Form:
Office of the City Attorney
Date: 31 13)a.0)4
(Signature Must Be Notarized)
Date:
Date:
Alan Fenstermacher, City Attorney
Approved as to conten
i
Me .dy 'ocob, C y Engineer
Sill/21'2°W
ACKNOWLEDGMENT
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 Califomia
County of San Diego
On March 13, 2020 before me, Nicolette Idona O'Leary - Notary Public
(insert name and title of the officer)
personally appeared Richard K. Schoebel
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 Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur01140-)4(-C 00-m
(Seal)
si -..>.s-,
1 NICOLETTE IDONA O'LEARY
Notary Public - California
a eti { 1 San Diego County D
�I
"�•`: Commission # 2169582
�'� My Comm. Expires Oct 25, 2020 I'
Grant of Easement / APNs: 317-820-04 and 317-820-09
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Easement
APNs: 317-820-04 and 317-820-09
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: Aldic,h 13, 20 2i7 from
ROIC Creekside Plaza, 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:
Seal:
CITY OF POWAY
By:
Rbert J. Manis
D rector of Development Services
EXHIBIT 'A'
WATER AND SEWER EASEMENTS
BEING A PORTION LOTS 4 AND 9 OF CITY OF POWAY TRACT NO. 90-05R,
ACCORDING TO MAP THEREOF NO. 12993, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO DECEMBER 7, 1992 AS FILE NO. 92-784139,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
THE CENTERLINE OF SAID EASEMENTS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, BEING A
POINT ON THE SOUTHERLY RIGHT-OF-WAY OF POWAY ROAD; THENCE
1. SOUTH 88°42'37" EAST 32.80 FEET TO A POINT ON THE CENTERLINE OF
AN EXISTING SEWER AND WATER EASEMENT DEDICATED ON SAID
MAP NO. 12993; THENCE ALONG SAID CENTERLINE
2. SOUTH 01°17'23" WEST 199.62 FEET TO THE TRUE POINT OF BEGINNING,
HEREIN DESCRIBED AS POINT 'A'; THENCE
3. NORTH 88°42'37" WEST 32.80 FEET TO A POINT OF TERMINUS.
SAID EASMENT HAVING A WIDTH OF 10 FEET, 5 FEET ON EACH SIDE
OF SAID CENTERLINE, THE SIDES OF SAID EASEMENT EXTENDED OR
SHORTENED TO INTERSECT WITH THE WESTERLY LINE OF AN
EXISTING SEWER AND WATER EASEMENT DEDICATED ON SAID MAP
NO. 12993.
PARCEL `B'
BEGINNING AT POINT 'A' AS DECRIBED ABOVE; THENCE
1. SOUTH 01°17'23" WEST 16.70 FEET TO THE TRUE POINT OF BEGINNING,
HEREIN DESCRIBED AS POINT `B'; THENCE
2. NORTH 88°42'37" WEST 34.93 FEET TO A POINT OF TERMINUS.
SAID EASMENT HAVING A WIDTH OF 10 FEET, 5.0 FEET ON EACH SIDE
OF SAID CENTERLINE, THE SIDES OF SAID EASEMENT EXTENDED OR
Page 1 of 2
SHORTENED TO INTERSECT WITH THE WESTERLY LINE OF AN
EXISTING SEWER AND WATER EASEMENT DEDICATED ON SAID MAP
NO. 12993.
PARCEL 'C'
BEGINNING AT POINT 'B' AS DECRIBED ABOVE; THENCE
1. SOUTH 01°17'23" WEST 47.67 FEET TO THE TRUE POINT OF BEGINNING,
HEREIN DESCRIBED AS POINT 'C'; THENCE
2. NORTH 88°42'37" WEST 33.51 FEET TO A POINT OF TERMINUS.
SAID EASMENT HAVING A WIDTH OF 10 FEET, 5.0 FEET ON EACH SIDE
OF SAID CENTERLINE, THE SIDES OF SAID EASEMENT EXTENDED OR
SHORTENED TO INTERSECT WITH THE WESTERLY LINE OF AN
EXISTING SEWER AND WATER EASEMENT DEDICATED ON SAID MAP
NO. 12993.
/1Ay 7, tato
RUDY P. PACHECO L.S. 5717 EXP. 09/30/21
Page 2 of 2
EXHIBIT D SHEET 1 OF 1 SHEET
WATER AND SEWER EASEMENTS
BEING A POR110N OF LOT 4 AND 9 OF CITY OF POWAY TRACT NO. 90-05R ACCORDING TO MAP THEREOF
NO. 12994 PER DOCUMENT NO. 92-784139, RECORDED DECEMBER 7 1992, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STA 1E OF CALIFORNIA
POWAY AD,
N88 42 3TW 58244'
co
2
MAP NO. 12993
P. O.B.=
3280'
3
MAP NO. 12993
--
N88 42'37'W 32.80'
9 N88 4237'W 34.93'
CITY OF POWAY TRACT NO. 90-05R
MAP NO. 12993
EASEMENT NOTES
N88 42'37'W 33.51'
(7) WATER AND SEWER LINE EASEMENT / Y • P4 F
rGL
PER MAP 12993 / o :� o
O EASEMENT TO SDGE PER DOC REC 04-27-42 * Dr o * 5
AS FILE N0. 23870, O.R. 0 Exp. 09/30/21
No. LS 57176 MAP NO. 12993
o� MAP NO. 12993
N
4
MAP NO. 12993
PO/NT. A'
T.P. O.B. PCL A'
16.70'
PO/NT. B'
T.P. 0.B. PCL '8'
POINT:'C'
T.P. O.B. PCL 'C'
ASSESSORS PARCEL NO.
317-820-04 AND 317-820-09
LEGEND
P. O.B.
T.P. D.B.
POINT OF BEGINNING
TRUE PO/NT OF BEGINNING
RECORD DATA PER RM. 13172
OF CAO
ALIDADE ENGINEERING
41743 ENTERPRISE CIRCLE NORTH, SUITE 209
TEMECULA, CA 92590
(951) 587-2020
VICINITY MAP
N0 SCALE
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