Grant of Easement 2021-0711902RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DOC# 2021-0711902
1111III IIII I IIIIIIIIIIII IIII1 IIIIIIII III IIII IIII I III III
Oct 12, 2021 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 10
(This space for Recorder's Use)
APNs: 320-031-03, 06
GRANT OF EASEMENT
Flowage
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
Clerco, Inc. (hereinafter "GRANTOR"), for good and adequate consideration, hereby grants to the
CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, a perpetual easement and
right-of-way for the FLOWAGE of waters over, upon, and across the hereinafter described lands and
without obligation for maintenance of said easement, together with the right to convey said
easement, or any portion thereof, to other public agencies; said lands being more particularly
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: 320-031-03, 06
Page 2
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
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.
GRANTOR shall be solely responsible for the maintenance of the easement area, and the GRANTEE
shall have no obligations with respect to the same. GRANTOR shall indemnify and hold GRANTEE
harmless for any claims arising out of any activities occurring within the easement area, including
but not limited to any claims or causes of action arising from GRANTEE's failure to maintain the
same, any claims or causes of action alleging any violation of state or federal law, or any legal action,
administrative action, administrative citations or other claims or causes of action brought or issued
by any governmental agency relating to the easement area. Provided, however, nothing stated
herein shall be construed to obligate Grantor to indemnify and hold harmless Grantee for, the acts
or omissions of Grantee, CDFW or other third parties outside the authority or control of Grantor.
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 13 day of
, 2021.
OWNER: Clerco, Inc.
By:
(Signature Must Be Notarized)
Date: f(/ t Z I
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 Ok`(1 011t)
OnSQ, li\PW17) ,b I
ACKNOWLEDGMENT
before me, 011111A M kY iOun, \--M1 \61,1w, c
A Notary Public personally appeared tki l( SC() M.01-
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 paragraph is true and correct.
WITNESS my hand and official seal.
Signature
µATASHA "RIE HiCKMAµ
Notary Public - California
San Diego County
Commissio`res 2260 2BB2022
ly Comm. Ex
(Seal)
Grant of Easement / APNs: 320-031-03, 06
Page 3
Approved as to Form:
Office of the City Attorney
Alan Fenstermacher, City Attorney
Approved as to Content:
ity Engineer
Date:
(D(572(
Date: L0��J
Grant of Easement / APNs: 320-031-03, 06
Page 4
CERTIFICATE OF ACCEPTANCE
Grant of Flowage Easement
APNs: 320-031-03, 06
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: Sep em k'er i 3 , t,10 i from
Clerco, Inc., (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: /d s/7i
Seal:
CITY OF POWAY
By:
rr
R bert J. Mani
Director of Development Services
EXHIBIT A
FLOWAGE EASEMENT LEGAL DESCRIPTION
BEGINNING AT A POINT IN THE NORTHERLY RIGHT-OF-WAY OF BEELER CANYON ROAD IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, AS SHOWN ON RECORD OF SURVEY MAP NUMBER 11169, SAID POINT LYING WITHIN
THE SOUTH HALF OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAID POINT ALSO LYING SOUTH 00°
37' 52" EAST, A DISTANCE OF 1.54 FROM THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION
25, TOWNSHIP 14 SOUTH, RANGE 2 WEST; THENCE NORTH 00° 54' 26" EAST A DISTANCE OF 17.08 FEET
ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 2
WEST TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79° 54' 18" WEST A DISTANCE OF 63.68 FEET;
THENCE SOUTH 05° 16' 22" WEST A DISTANCE OF 23.92 FEET; THENCE NORTH 84° 43' 38" WEST A DISTANCE
OF 481.73 FEET; THENCE NORTH 00° 54' 26" EASTA DISTANCE OF 190.00 FEET; THENCE NORTH 89° 01' 25"
EAST A DISTANCE OF 96.00 FEET; THENCE SOUTH 74° 04' 35" EAST A DISTANCE OF 341.00 FEET; THENCE
SOUTH 84° 55' 44" EAST A DISTANCE OF 88.62 FEET; THENCE NORTH 44° 19' 45" EAST A DISTANCE OF 23.13
FEET; THENCE NORTH 85° 00' 03" EAST A DISTANCE OF 314.39 FEET; THENCE SOUTH 87° 09' 44" EAST A
DISTANCE OF 343.35 FEET; THENCE SOUTH 77° 50' 30" EAST A DISTANCE OF 36.57 FEET; THENCE NORTH 84°
51' 42" EAST A DISTANCE OF 47.20 FEET; THENCE SOUTH 84° 56' 37" EAST A DISTANCE OF 204.44 FEET TO THE
BEGINNING OF A 250.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY WHOSE RADIAL LINE
BEARS NORTH 05° 03' 23" EAST; THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF 45°
50' 50" TO THE END OF THE CURVE WITH A RADIAL BEARING NORTH 40° 47' 27" WEST A LENGTH OF 200.05
FEET; THENCE NORTH 49° 12' 33" EAST A DISTANCE OF 238.01 FEET; THENCE NORTH 19° 39' 23" EAST A
DISTANCE OF 17.11 FEET; THENCE NORTH 52° 02' 24" EAST A DISTANCE OF 4.87 FEET TO THE BEGINNING OF A
415.00 FOOT RADIUS TANGENT CURVE CONCAVE SOUTHEASTERLY WHOSE RADIAL LINE BEARS SOUTH 37° 57'
36" EAST; THENCE ALONG SAID CURVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 09° 26' 40", A
LENGTH OF FEET 68.41 FEET TO THE END OF THE CURVE WITH A RADIAL BEARING SOUTH 28° 30' 56" EAST,
TO A POINT ON THE EASTERLY LINE OF THE WESTERLY HALF OF THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 14, RANGE 2 WEST; THENCE ALONG SAID EASTERLY LINE SOUTH 00° 58' 44" WESTA DISTANCE OF
218.94 FEET TO THE BEGINNING OF A 100 FOOT RADIUS NON -TANGENT CURVE CONCAVE SOUTHEASTERLY
WITH A RADIAL BEARING OF SOUTH 25° 24' 57" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15° 13' 10" TO THE END OF THE CURVE WITH A RADIAL BEARING OF SOUTH
40° 38' 07" EAST A LENGTH OF 26.56 FEET; THENCE SOUTH 49° 21' 53" WEST A DISTANCE OF 171.09 FEET TO
THE BEGINNING OF A 386 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE RADIAL LINE BEARS
NORTH 40° 38' 07" WEST; THEN ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44° 34' 54" TO THE END
OF THE CURVE WITH A RADIAL BEARING OF NORTH 03° 56' 47" EAST A LENGTH OF 300.35 FEET; THENCE
NORTH 86° 03' 13" WEST A DISTANCE OF 408.88 FEET TO THE BEGINNING OF A 914 FOOT RADIUS CURVE
CONCAVE SOUTHERLY WITH A RADIAL BEARING OF SOUTH 03° 56' 47" WEST; THEN WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 07° 51' 22" TO THE END OF THE CURVE WITH A RADIAL BEARING OF
SOUTH 03° 54' 35" EAST A LENGTH OF 125.32 FEET; THENCE SOUTH 86° 05' 25" WEST A DISTANCE OF 228.94
FEET; THENCE NORTH 79° 54' 18" WEST A DISTANCE OF 162.82 FEET TO THE TRUE POINT OF BEGINNING.
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