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Grant of Water Easement 2020-0803183RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2020-0803183 II11111111111111111111111111111111111111111111111111111 Dec 15, 2020 09:31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 11 (This space for Recorder's Use) APN: 323-091-09 GRANT OF WATER EASEMENT (ESMT20-005) 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"), 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 land 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 Water Easement / APN: 323-091-09 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. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ' day of 2020. 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: f''i N (16. i N (Signature Must Be Notarized) ILLINOIS ALL-PURPOSE 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 Illin„Qis County of LOOK On1te "k -7, Q1O before me EOet\' f t t )0A , Notary Public (insert name and title of the officer) Personally appeared 1 +~ v® Q ` who proved to me on the basis of satisfactory ev ence 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 Illinois that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature S_MRH:485774341.3 060118 (Seal) Oficial Seal Beverly A Dillon Notary Public State of Illinois My Commission Expires 0310312022 Grant of Water Easement / APN: 323-091-09 Approved as to form: Office of the City Attorney Alan Fenstermacher, City Attorney Approved as to content: Me dy Ro. ._'ity Engineer Date: Date: Grant of Water Easement / APN: 323-091-09 CERTIFICATE OF ACCEPTANCE Grant of Water 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: 60 de.,n1x . , aoa.o 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: CITY OF POWAY Seal: Bv: R'+bert J. Mani Director of Development Servic EXHIBIT "A" PUBLIC WATER EASEMENT ALL 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL AA BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT POINT "R" OF THAT CERTAIN GRANT OF WATER EASEMENT GRANTED TO THE CITY OF POWAY PER DOCUMENT RECORDED AUGUST 14, 2019 AS DOCUMENT NO. 2019-0343649 OF OFFICIAL RECORDS; THENCE NORTH 49°20'50" EAST (NORTH 49°20'50" EAST PER SAID DOCUMENT), 322.70 FEET ALONG THE CENTERLINE OF PARCEL "R" OF SAID DOCUMENT TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE NORTH 40°39'10" WEST, 63.70 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN SAID PARCEL "R". CONTAINING 537 SQUARE FEET MORE OR LESS. PARCEL BB BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT POINT "J" OF SAID DOCUMENT; THENCE SOUTH 49°20'50" WEST (SOUTH 49°20'50" WEST PER SAID DOCUMENT), 340.50 FEET ALONG THE CENTERLINE OF PARCEL "J" OF SAID DOCUMENT TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE SOUTH 40°39'10" EAST, 5.00 FEET; THENCE SOUTH 49°20'50" WEST, 2.83 FEET; THENCE NORTH 40°39'10" WEST, 94.00 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM ANY PORTION LYING WITHIN SAID PARCEL "J". CONTAINING 947 SQUARE FEET MORE OR LESS. SB&O. INC. Job No.75332.05 1 of 2 Parkway Summit D:173872 Parkway Summit105 SurveylLegalslPublic WaterEsmt 2.docx 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. l© 7-€7 24.7 MICHAEL S. BU.rCHER, PLS 6922 DATE SB&O. INC. Job No.75332.05 D:173872 Parkway Summit105 SurveylLegals\Public Water Esmt 2.docx PL LA 2 of 2 Parkway Summit EXHIBIT "8" 0 (1) 0 0 VICINITY MAP NOT TO SCALE 56 56 0 0 �.s 0 POWAY STOWE ti C) 0 Oo 4" 0. P.O.C. T.P.O.B. P.O.T. (I (1 AZO 0 No.6922 /* LAN RD. GENERAL ATOMICS WAY 67 P� P PR1 PO WA Y WAY LEGEND INDICATES PROPERTY LINE INDICATES PROPOSED PUBLIC WATER EASEMENT INDICATES SHEET LIMITS (SEE SHEET 2) INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF TERMINUS INDICATES RECORD DATA PER DOC. NO. 2019-0343649, O.R. INDICATES RECORD DATA PER PM 21053 INDICATES EXISTING PUBLIC WATER EASEMENT GRANTED TO THE CITY OF POWAY PER DOCUMENT REC. 8/14/2019 AS DOC. NO. 2019-0343649, O. R. MICHAEL S. TCHER L.S. 6922 PARKWAY SUMMIT WATER EASEMENT 2- DATE SHEET 1 OF 4 SHEETS BB&D= PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sboinc. com 10-20-2020 75322.05 FILE NAME: 0: \73872 PARKWAY SUMMIT\03 DWG\EX\ESMT - WATER\REVISIONS EXHIBIT "B" PM 2105:5 SCRIPPS PARCEL 1 POWAY - PM 2105:5 PARM 2 1 (N4920'50"E (N40°39'1 0"W 324.09') (N28`04'40"W 91. 86)[±I 0111111111111111MM 1 1341.49) (S85°39'1 0"E 62.94) (S40°39'1 0"E 336.92) PCL "BB" L3 (S49 20'50"W 703. 93)'\ PARA/14/4 PCL "AA" (540°39'10"E 290.74) (N85°39'1 0"W 72.56) (S4920'50"W 953.94) L2 = (363. 43') /Rio..41 PARC g I 5 PM 2105:5 PARCL 4 / KEY MAP SCALE: 1" = 300' cr/4)06 K\,c. GRAPHIC SCALE 300 0 300 LINE DATA BEARING LENGTH L1 (N4039'10”0 (244.44) L2 (S0420'50"10 (16.63) L3 (S0420'50”0 (36.17) SHEET 2 OF 4 SHEETS SB&O z PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sboinc. com 10-20-2020 75322.05 FILE NAME: EXHIBIT "B" I 1 (N49 20'50"E 17.84') ( // 24.5' /ii i' / W /,,-).‘°) / (N28 04'40"W `r) / / 91. 86 ) R / / / u) PO , se__) - At. to o.. P.O.C. PARCEL "AA" (N14 00 25"E 38.59') (N59°00'25"E 31.69') GRAPHIC SCALE 60 0 60 • r Cr) 0 0 0 (POINT "A") • (N49 20'50' E 1341.49 ) (N04 20'50"E 35.83') i— — 10' _ 10' (PARCEL "A") Pi\il 2 lW 5 J A C (PARCEL "U") TO BE VACATED P.O.T. PARCEL "AA" N4039'10"W 63.70' 0 J 322.70' 111k - (N49 20'50"E SEE SHEET 2 SHEET 3 OF 4 SHEETS s &O= PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 10-20-2020 75322.05 FILE NAME: D: \73872 PARKWAY SUMMIT\03 DWG\EX\ESMT - WATER\REVISIONS EXHIBIT "B" P.O.T. PARCEL "BB" (PARCEL "T") TO BE VACATED P.D.C. T.P.O.B. PARCEL "BB" PCL "BB" (S4920 50''W 340.50 ) 0 L2 Li (PARCEL "J") LINE DATA BEARING LENGTH L1 S40 39'10"E 5.00 L2 S49 20'50"W 2.83 PM 21055 PARCEL I 0 0 a (PARCEL "A') (SO4 20'50"W 16.63) (S49 20'50"W 953.94) (PARCEL "A ") GRAPHIC SCALE 60 0 60 (POINT "J") 10' 10' (S49 20'50"W 363.434 H iii E- \\\ (PARCEL "A") 1' I' SHEET 4 OF 4 SHEETS 9 SEE SHEET 2 &O 0 z PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 10-20-2020 75322.05 FILE NAME: D: \73872 PARKWAY SUMMIT\03 DWG\EX\ESMT - WATER\REVISIONS