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Grant of Easement 2021-0711903RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2021-0711903 IIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIII 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: 7 (This space for Recorder's Use) APNs: 320-031-04 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) CalMat Co. (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, except for the Biological Conservation Easement granted from Grantor to Grantee and the Grant of Recreational Trail Easement granted from Grantor to Grantee each of which are granted concurrently herewith, no other easement or easements shall be granted on, Grant ofEasement //\PNs: 320-831-04 Page 2 under, orover the easement area orotherwise burdening oraffecting this easement without obtaining the prior written consent ofGRANTEE. GRANTEE may atany time increase its use of the easement and the resulting burden onthe semient tenement, without changing the purpose ofsuch use, change the location uffacilities 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 totime without paying any additional compensation to GRANTOR or GR\NT(]F1'a heina, auuoeaaore, or gasiQna. 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 tmthe same. GRANTOR shall indemnify and hold GRANTEE harmless for any claims arising out ofany activities occurring within the easement area, including but not limited to any claims or causes of action arising from GRANTEEs failure to maintain the mmrna, any claims or causes of action alleging any violation of state or federal law, n[any legal a{tiVD, administrative action, administrative citations or other claims or causes of action brought or issued by any governmental agency relating tothe easement area. Provided, however, nothing stated herein shall be construed to obligate Grantor to indemnify and hold harmless Grantee for, the act$ or omissions of Grantee, CDFVVor other third parties outside the authority or control of Grantor. It is also understood and agreed by the parties that the CSRANTOR, and the GR8NT{]R's heirs, successors or assigns, ehgU not increase or decrease orpermit to be increased or decreased the existing ground elevations of the above -described easement area that exist at the time this document |aexecuted without obtaining the prior written consent ofthe GRANTEE. {nthe event of any dispute involving this Agreement, whether ornot litigation iscommenced, o[if any arbitration pnooeeding, administrative proceeding, or litigation in law or in equib/, including an action for declaratory re|ief, 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 togrant this easement |naccordance with its terms. �~7 IN VVITNESS WHEREOF, the GRANTOR has executed this Easement this day of .)V7e,mDev' .2021. OWNER* CalMat Co. By: Michael Linton, VTc'resident (Signature Must Be Notarized) please See Attached For CALIFORNIA ALL-PURPOSE 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 Los Angeles On September 27, 2021 Date before me Jennifer Arevalo, Notary Public Here Insert Name and Title of the Officer personally appeared Michael Linton Name) of Signer( who proved to me on the basis of satisfactory evidence to be the person sd) whose name Is7 bsdribed to the within instrument and acknowled ed to me that executed the same i is/ it authorized capacity*), and that by �j; fir signature on the instrument the person , or the entity upon behalf of which the person( acted, executed the instrument. JENNIFER AREVALO e CoMM. # 2290091 IA NOTARY PUELIC•CALIFORNIA LOS ANGELES COLKITY MY CoMW. EXP. MAY 26, 2023 Place Notary Seal and/or Stamp Above 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 OPTIONAL (-4 Aiwa& Sig a'. ture of Notary Public 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: Grant of Easement Document Date: 09/27/2021 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) is Name: Signer's Name: ❑ Corpora - - — Title(s): 0 Corporate Officer — Title ❑ Partner — 0 Limited ■ c - - .1 0 Partner — ❑ Individual ❑ Trustee ❑ Other: 0 Other: Signer is •-. -n ing: Signer is Representing: No other signer Number of Pages: 1 (pg 2/6) ©2017 National Notary Association ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator Grant of Easement / APNs: 320-031-04 Page 3 Approved as to Form: Office of the City Attorney Alan Fenstermacher, City Attorney Approved as to Cgnt: Melt' Rg'cco City Engineer Date: i °NZ/ Date: /0/ 5f 2/ Grant of Easement / APNs: 320-031-04 Page 4 CERTIFICATE OF ACCEPTANCE Grant of Flowage Easement APNs: 320-031-04 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: .Sepef-AA bLr 2-1 Zo 2-1 from CalMat Co., (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: /)/5 Z ( CITY OF POWAY Seal: By: oert J. '" ants Director of Development Se 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 SOUTH 86° 27' 51" EAST ALONG THE SOUTHERLY LINE OF RECORD OF SURVEY 11169, ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF BEELER CANYON ROAD, A DISTANCE OF 1076.97 FEET; THENCE NORTH 50° 12' 09" EAST A DISTANCE OF 360.08 FEET TO A POINT ON THE EASTERLY LINE OF THE WESTERLY HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 2 WEST; THENCE NORTH 00° 58' 44' EAST ALONG SAID EASTERLY LINE OF THE WESTERLY HALF OF THE NORTHEAST QUARTER SECTION 25, TOWNSHIP 14 SOUTH, RANGE 2 WEST A DISTANCE OF 31.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00° 58' 44" EAST A DISTANCE OF 218. 94 FEET TO THE BEGINNING OF A 415 FOOT RADIUS NON -TANGENT CURVE, CONCAVE SOUTHERLY, WHOSE RADIAL LINE BEARS SOUTH 28° 30' 56" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28° 30' 56" TO THE END OF THE CURVE WITH A RADIAL BEARING OF SOUTH 00° 00' 00" WEST A LENGTH OF 206.54 FEET; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 8.03 FEET; THENCE SOUTH 06° 07' 57" EAST A DISTANCE OF 98.52 FEET; THENCE SOUTH 71° 48' 42" WEST A DISTANCE OF 25.30 FEET TO THE BEGINNING OF A 220 FOOT RADIUS NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIAL LINE BEARS SOUTH 18° 11' 18" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 22' 16" TO THE END OF THE CURVE WITH A RADIAL BEARING OF SOUTH 58° 33' 34" EAST A LENGTH OF 155.01 FEET; THENCE SOUTH 31° 26' 26" WEST A DISTANCE OF 55.28 FEET; THENCE SOUTH 02° 14' 48" A DISTANCE OF 12.00 FEET; THENCE SOUTH 87° 45' 12" WEST A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A 100 FOOT RADIUS TANGENT CURVE, CONCAVE SOUTHERLY WHOSE RADIAL LINE BEARS SOUTH 02° 14' 48" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 10' 09" TO THE END OF THE CURVE WITH A RADIAL BEARING OF SOUTH 25° 24' 57" EAST A LENGTH OF 40.44 FEET TO THE TRUE POINT OF BEGINNING. -0v(/)� a) W o o N 3 (D 0 a, co m o m to. CD 'D CD VAED c ) j CD c.o N.)CJ 0 00 W 3 c m OZOZ-90-1. v31ba L dO L ±JJHS Z DX -0 _ Ow 0 O OmO c O 0 O > m D O) m CN Z 37VOS O11ON ,08 137VOS CO uS 11 r 0 ti N Co co co n) (471 )3`o 7:1O oz 00 T 0 m mcio m� orn 0 00 a) N co 0) 0 T co 0) 0> DNINNIO9B 0 N w 0 Co r- 0 0 0 0 0) r- O 370V1 VIVO 3A?lfO dO INIOd 3fH1 0) m 2 N Ut H 0) 7J N -O/L 3N dO d1VH K2ia1SDM dO 3N17 A18JJSV3 L5 L4 L3 L2 r LINE LINE DATA TABLE N87°45'12"E NO2 ° 14'48 "W N31°26'26"E N71 °48'42'E 2 co BEARING 0 0 0 O 0 ni o i":) 55.28' 00 DISTANCE 0 0 0 w 37VOS 0110N 0 m a co mm 00 zz z—I z �o N00.5844"E 218.94, -fdiad14— — ——03-0.1,08�N o,co i 06°07'57" 98.52' HOO t/L .2i10 Q: \GRANITE CONSTRUCTION COMPANY\POWAY RESTORATION\4.0 - CAD\DELIVERABLES\FLOWAGE EASEMENT EXHIBIT - EAST PARCEL.D