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Grant of Easement 2020-0506460RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2020-0506460 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2020 09:11 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 8 (This space for Recorder's Use) APN: 317-130-64-00 GRANT OF EASEMENT The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (Conveyance to a Government Agency) Bellflower 111 Partners 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: 317-130-64-00 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. 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 WITLESS WHEREOF, the GRANTOR has executed this Easement this , 2020. OWNER: Bellflower 111 Partners LLC, a California limited liability company By: Becker Properties LLC, A California limited liability company Its managing member j /7L By: brad Becker Its: r tanager s; Date: Anotary public or other officer completing this csrrii:icate verifies only the identity of the individual rr?ro signed the dccument In which this certificate is attached and not the truthfulness. acc:,;cy.orv;.i.Jtyofthat document. Signature Must Be Notarized) State of California- County of CDC -s 0,4-C Subscribed and sworn to (or affirmed) before me on this 2'1 day of ` Lr-ct- 201 c. by?e74- Pke-K'-a proved to me on the basis -of satisf-ctor' evidence: to be the persop who appeared"before me. Signature 1 -2-y-L JEFF DEWITT Notary Public - California San Diego County Commission 2282385 My Comm. Expires Apr 6, 2023 day of Grant of Easement / APN: 317-130-64-00 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. 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. INITNESS; WHEREOF, the GRANTOR has executed this Easement this Jr day of , 2020. OWNER: Bellflower 111 Partners LLC, a California limited liability company By: Becker Properties LLC, A California limited liapi�i, company Its manage member By: rad Becker Its: Manager Date: (Signature Must Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w wt. • .w CIVIL CODE § 1189 :w .w . 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 •iv". t i° 0 ) On t):'',)5 44‘0 -Z. -^D before me, 6 ..9,1GP, Kv-rn Notary Public, J Date personally appeared f7 FY14 e r- r.04.e 6 ,c,> -e -r Name(s) of Signer(s) Here Insert Name and Title of the Officer 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph _ is true and correct. BLAKE KERN Notary Public - California z San Diego County Commission tt 2299093 My•Comm. Expires Jul 28, 2023 Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): El Partner — [❑ Limited EJ General D Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Number of Pages: Signer's Name: EI Corporate Officer -- Title(s): Cl Partner — ❑ Limited 0 General i❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: rczz rLY�Y ie �' �R sz z .. r- d •. _ crg _ ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Grant of Easement / APN: 317-130-64-00 Page 3 Approved as to Form: Office of the City Attorney Alan Fenstermacher, City Attorney Approved as to content: Date: Date: 41/7/46X) M- .dy Ro Mity Engineer Grant of Easement / APN: 317-130-64-00 Page 4 CERTIFICATE OF ACCEPTANCE Grant of Easement APN: 317-130-64-00 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: jt{t✓I e c 0 -a from Bellflower 111 Partners 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: Seal: lzzlac CITY OF POWAY / /7' By: A%, ✓i Rog -rt J. Manis Director of Development Seri, EXHIBIT "A" ESMT 20-002 LEGAL DESCRIPTION APN 317-130-64-00 WATERLINE EASEMENT ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF LOT 3 OF COUNTY OF SAN DIEGO TRACT NO. 3844-1, ACCORDING TO MAP THEREOF NO. 9561, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 20, 1980, AS DESCRIBED IN PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 4, 1980 AS DOCUMENT NO. 80-285139 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 10.00 -FOOT -WIDE STRIP OF LAND IN EVEN WIDTH; THE SIDELINES OF SAID STRIP LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN CENTERLINE OF A 20 -FOOT -WIDE WATER EASEMENT GRANTED TO POWAY MUNICIPAL WATER DISTRICT PER DOCUMENT RECORDED OCTOBER 3, 1979 AS DOCUMENT NO. 79- 411263 OF OFFICIAL RECORDS; SAID EASEMENT CENTERLINE ALSO SHOWN ON SAID MAP NO 9561; SAID POINT ALSO ON THE EASTERLY RIGHT-OF-WAY OF COMMUNITY ROAD AS SHOWN ON SAID MAP; THENCE LEAVING SAID RIGHT-OF- WAY EASTERLY ALONG SAID CENTERLINE, SOUTH 88°43'41" EAST, 350.90 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 1°23'47" EAST, 10.00 FEET TO THE NORTHERLY SIDELINE OF SAID WATER EASEMENT SHOWN ON SAID MAP; SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASEMENT SIDELINE, NORTH 1°23'47" EAST, 27.30 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO BEGIN ON THE NORTHERLY SIDELINE OF SAID 20.00 -FOOT -WIDE WATER EASEMENT, AND TERMINATE AT RIGHT ANGLES FROM SAID POINT OF TERMINUS. CONTAINS 273 SQUARE FEET (0.006 ACRE), MORE OR LESS. CMo2 0 ADAM E. EISENBERG, LS 9096 DATE ‘AND so4 Fi_ ADAM E. EISENBERG NNo. 9096 ` j. P.O.C. EXHIBIT "B" 1 Cr P÷. J,00 D,I)(Q 0 EXISTING 20'—WIDE EASEMENT GRANTED TO POWAY MUNICIPAL WATER DISTRICT RECORDED 10/3/1979 AS 1 DOC.#79-411263 O.R. i 1N1'23'47"E T.P.O.B.I 10.00' 0 CC COMMUNITY N88°43'41 "W 350.90' PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 4, 1980 AS DOC.# 80-285139, O.R. 0 POWAY ROAD 0 SCALE: 1"=100' SEE DETAIL BELOW N1 °23'47"E 27.30' IMMO 4M11, LEGEND EL Z INDICATES AREA OF WATER EASEMENT. CONTAINS 273 SQUARE FEET (0.006 ACRE), MORE OR LESS. P.O.C. — INDICATES POINT OF COMMENCEMENT T.P.O.B. — INDICATES TRUE POINT OF BEGINNING DETAIL (NOT TO SCALE) 10.00' 5.00' 5.00' od N- N N• Z WATER EASEMENT GRANTED TO CITY OF POWAY IN A PORTION OF LOT 3 OF COUNTY OF SAN DIEGO TRACT 3844-1, MAP NO. 9561, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 4, 1980 AS DOCUMENT NO. 80-285139 OF OFFICIAL RECORDS BWE 9449 Balboa Avenue, Suite 270 San Diego, CA 92123 (619) 299-5550 A/3 e ADAM E. EISENBERGLS 9096' DATE