Quitclaim Deed 2022-0155985RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 278-060-25
QUITCLAIM DEED
DOC# 2022-0155985
IIII IIII IIII IIII IIII IIIII IIIII HE 11111111111111111111 IN 1111
Apr 08, 2022 03:54 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
POOR: N/A
PAGES: 12
{This space for Recorder's
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RAMONA MUNICIPAL
WATER DISTRICT, a California water district ("Grantor"), does hereby remise, release and forever quitclaim
to the CITY OF POWAY, a California municipal corporation ("Grantee"), all right, title and interest in that certain
real property located in the City of Poway, County of San Diego, State of California, specifically described in
Exhibit "A" attached to this Quitclaim Deed ("Property") and made a part of this Quitclaim Deed by this
reference.
This Quitclaim Deed is made by Grantor pursuant to the terms and conditions of that certain "Blue Sky
Pipeline Agreement," dated April 23, 2003, between Grantor and Grantee ("Agreement"), which is attached
as Exhibit "C".
Grantor hereby reserves a blanket easement over the Property for use of all or any portion of the Property
as habitat mitigation related to Grantor's construction or installation of water transmission or water storage
facilities on or within the Tank Site, for which a legal description is attached as Exhibit "A" and plat as Exhibit
"B". The portion reserved as described in the legal description is appurtenant to the Tank Site and shall
continue in perpetuity.
The conveyance of the Property from Grantor to Grantee pursuant to this Quitclaim Deed is further made
subject to:
1. Real property taxes and assessments, not delinquent.
2. Covenants, conditions, restrictions, easements, exceptions, reservations, rights, rights -of -way,
and other matters of record or discoverable by inspection survey.
Grantor has oused this Quitclaim Deed to be signed by its authorized representative as of
MCI "C, ki I v, , 2022.
RAMONA MUNICIPAL WET DISTRICT,
a California wat67dist 'cnct
0�IM
Title:
(Signature Must Be Notarized)
')1-n211
CALIFORNIA 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 San Diego J}
On March 14. 2022 before me, Stacey Ralston, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Craig Schmollinger -------------------------------------------------------
Name(s) of Signer(s)
-------------------------------------------------------------------------------------------------------
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.
STACEYRALS?ON
./fsyt\f
Notary
Public - California
�- San Diego County n
Commission # 2291494
My Comm. Expires Jun 6, 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
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: Quitclaim Deed
Document Date: March 14 2022 NumberofPages: L±Notary
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Craig chmollinger
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
@2019 National Notary Association
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Grant of Quitclaim Deed/ APN: 278-060-25
Page 2
CERTIFICATE OF ACCEPTANCE
Grant of Quitclaim Deed
APN: 278-060-25
This is to certify that the interest in real property located in the City of Poway conveyed by the Grant
of Quitclaim Deed described in the attached document dated: 141 q,102-
from Ramona Municipal Water District, a California water district, (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: 2 2-z-
Seal:
CITY OF POWAY
/ C
By. f
bert J. Manis
Director of Development Services
EXHIBIT "A"
LEGAL DESCRIPTION
APNS: 278-060-25
VESTING: RAMONA MUNICIPAL WATER DISTRICT, A CALIFORNIA CORPORATION
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON
RECORD OF SURVEY 9313 RECORDED APRIL 14, 1983 AS FILE NO. 83-119778 IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL 1 IN GRANT DEED
TO RAMONA MUNICIPAL WATER DISTRICT, A CALIFORNIA CORPORATION, RECORDED
DECEMBER 30, 1993 AS DOCUMENT NO. 1993-0889263 OF OFFICIAL RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF
SAID SOUTHEAST QUARTER AS SHOWN ON SAID RECORD OF SURVEY 9313, BEING A
POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER, DISTANT THEREON SOUTH
89005' 13" WEST 325.27 FEET FROM THE MOST SOUTHWESTERLY CORNER OF GRANT DEED
TO RAMONA MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED
JULY 11, 1958 IN BOOK 7162, PAGE 375 OF OFFICIAL RECORDS OF SAID COUNTY, AS
SHOWN ON RECORD OF SURVEY 19944 RECORDED OCTOBER 19, 2007 AS FILE NO.2007-
0672335 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID NORTH LINE OF SAID SOUTHEAST QUARTER AS SHOWN ON SAID
RECORD OF SURVEY 9313 AND SAID RECORD OF SURVEY 19944 NORTH 89005' 13" EAST
1104.35 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1;
THENCE LEAVING SAID NORTH LINE, ALONG THE EASTERLY AND SOUTHERLY
BOUNDARY OF SAID PARCEL I THE FOLLOWING COURSES:
SOUTH 8056'32" WEST 766.76 FEET;
THENCE SOUTH 75040'59" WEST 628.39 FEET;
THENCE NORTH 22042'31" WEST 231.35 FEET;
THENCE SOUTH 89005'30" WEST 324.06 FEET TO THE EAST LINE OF SAID WEST HALF OF
THE WEST HALF OF THE SOUTHEAST QUARTER;
THENCE ALONG SAID EAST LINE NORTH 3005'51" EAST 687.96 FEET TO THE POINT OF
BEGINNING.
RESERVING THEREFROM THE FOLLOWING DESCRIBED PARCEL;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DI1 GO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
PARCEL. l IN GRANT DEED TO RAMONA MUNICIPAL WATER DISTRICT, A CALIFORNIA
CORPORATION, RECORDED DECEMBER 30, 1993 AS DOCUMENT NO. 1993-0889263 OF
OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF GRANT DEED TO RAMONA
MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED JULY 11, 1958
1N HOOK 7162, PAGE 375 OF OFFICIAL RECORDS OF SAID COUNTY, AS SHOWN ON RECORD
OF SURVEY 19944 RECORDED OCTOBER 19, 2007 AS FILE NO. 2007-0672335 IN THE. OFI,ICE
OF TI I COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER SOUTH 89.05' 13" WEST
50.00 FEET;
THENCE LEAVING SAID NORTH LINT; SOUTH 16026' 16" EAST 177.00 FEET;
THENCE. SOUTH 46014'17" EAST 380.00 FEET;
THENCE SOUTH 85057'25" EAST 145.00 FEET;
THENCE NORTH 27020'41" EAST 190.00 FEET;
THENCE NORTH 02028'00" WEST 144.00 FEET;
THENCE NORTH 4103 F04" WEST 183.00 FEET TO SAID NORTH LINE OF SAID SOUTHEAST
QUARTER;
"THENCE ALONG SAID NORTH LINE SOUTH 89005' 13" WEST 379.00 FEET TO THE POINT OF
BEGINNING.
RESERVING THEREFROM PARCEL CONTAINS 4.00 ACRES MORE OR LESS.
PARCEL DESCRIBED HEREINABOVE CONTAINS 15.05 ACRES MORE OR LESS AFTER
SUBTRACTING THE RESERVED 4.00 ACRE PARCEL.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEI_ L. SCI ILUMPBERGER, PLS 7790 LAND SUS
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EXHIBIT "B"
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P.O.B. PARCEL Has � 9944
RESERVED BY R.M.W.D.
MOST SW'LY COR. BK. 7162, NORTH LINE OF
PG. 375 AS SHOWN ON ROS SE 1/4, SEC 22 SCALE: 1"=200'
19944.
N89'05'13"E 1104.35'
325.27'
379.00'
N41'31'04"W , ! %
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i S16'26'16"E
o r 177.00 PARCEL RESERVED BY
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0889263
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THIS PLAT WAS PREPARED BY ME OR NOTE: DATA SHOWN HEREON
UNDER MY DIRECTION IN CONFORMANCE WITH IS BASED ON ROS 19944.
�THE,,.�ROFESSIONAL L SURVEYOR'S ACT.
r�7' RAMONA MUNICIPAL WATER DISTRICT
MICHAEL L. SCHLUMPBERGER, PLS 7790
Right -Of -Way Engineering Services, Inc. VESTING: RAMONA MUNICIPAL WATER
615 S. Tremont Street • Oceanside, CA 92054 DISTRICT, A CALIFORNIA CORPORATION
(760) 637-2700 FAX (760) 637-2701
File Name: RMWD Poway Pump Sto 4 Acre Pcl.dwg
Job No. 1301-0001-11 1 r)ATE: SEPTEMBER 16. 20141 SHEET 1 OF 1
EXHIBIT "C"
BLUE SKY PIPELINE AGREEMENT
(CITY OF POWAY/RAMONA MUNICIPAL WATER DISTRICT)
This Blue Sky Pipeline Agreement ("Agreement") is made this day of ®rc'h 2003,
between the City of Poway ("POWAY") and the Ramona Municipal Water District
("DISTRICT"). POWAY AND DISTRICT may hereafter be referred to individually as "Party"
and collectively as "Parties."
RECITALS
This Agreement is executed in contemplation of the following facts and circumstances:
A. DISTRICT proposes to construct a 5,700 linear foot, 30 inch diameter water line
from its existing pump station and reservoir located at the eastern terminus of the Green Valley
Truck Trail, east to the community of Ramona, in order to assure the reliability of its ability to
serve water to its community (the "Project"). A portion of the Project is to be located within the
jurisdictional limits of POWAY and passes through the ecologically sensitive Blue Sky
Ecological Reserve (the "Reserve") which is located in POWAY.
B. California Government Code Section 65401 requires that an agency proposing to
construct major public improvements within the jurisdiction of a city submit to that city a list of
those improvements for a review and report as to conformity with that city's adopted general
plan. POWAY has determined that the Project does not conform with the Poway General Plan
and the Poway Subarea Habitat Conservation Plan.
Whereas the DISTRICT is entitled to move forward with the project with the
current POWAY finding of non-conformance, POWAY and DISTRICT mutually agree that for
the benefit of the residents of Poway and Ramona who enjoy the natural resource provided by
the Blue Sky Ecological Reserve, development of this agreement will address the current project
and a possible future reservoir. POWAY and DISTRICT desire to cooperate in order to provide
current benefits to the Blue Sky Ecological Reserve.
C. POWAY will agree not to oppose or litigate the Project, nor to support opposition
or litigation by others the adequacy of its environmental review, or its conformity with the
Poway General Plan and Poway Subarea Habitat Conservation Plan (POWAY's forbearance) if
DISTRICT agrees to abide by the terms and conditions hereof and incorporates the same into the
construction of the Project.
D. DISTRICT agrees to construct the Project in accordance with the terms and
conditions hereof
NOW, THEREFORE, it is agreed by the Parties as follows:
Attachment A
AGREEMENT
1. POWAY Forbearance.
On January 28, 2003, the City Council of POWAY adopted its Resolution No.
03-010 by the terms of which it determined the Project is not in conformance with its General
Plan and the Poway Subarea Habitat Conservation Plan. Notwithstanding that determination,
POWAY agrees that, upon the execution of this Agreement and the construction of the Project
and performance of all other terms and conditions hereof by DISTRICT in accordance herewith,
POWAY will not oppose or litigate the Project nor support opposition or litigation by others, the
adequacy of its environmental review, or its conformity with the Poway General Plan and Poway
Subarea Habitat Conservation Plan (POWAY's forbearance).
2. Terms and Conditions Incorporated into Project by DISTRICT
DISTRICT shall incorporate the following terms and conditions into the Project
and shall construct the Project only in strict conformance herewith:
a. To mitigate for the loss caused by the Project of 1.41 acres of Southern Mixed
Chaparral and 1.07 acres of Diegan Coastal Sage Scrub habitat, DISTRICT shall record a
biological conservation easement in favor of POWAY, in the form typically executed between
POWAY and the State of California and in substance acceptable to POWAY, over two parcels
consisting of 3.56 acres, 1.41 acres of Southern Mixed Chaparral and 2.15 acres of Diegan
Coastal Sage Scrub within DISTRICT's 19.39 acre parcel located within the Blue Sky
Ecological Reserve in the general locations depicted on Attachment A (the `Biological
Easements"). The precise location and configuration of the parcels shall be subject to the
reasonable satisfaction of POWAY. POWAY will immediately process the conservation
easements.
b. DISTRICT shall construct the above ground portion of the Project by installing
pipe from both the top and bottom of the ridge. Not more than 1,400 feet shall be constructed
easterly from the pump station. The entire above ground construction shall incorporate design
and installation of appropriate wildlife crossings at approximately 200-300 feet, not exceeding a
total of 5 crossings approved by POWAY's Director of Development Services.
C. DISTRICT shall coordinate all construction traffic on Green Valley Truck Trail
through the Reserve with the onsite Ranger at the Reserve and the POWAY Public Works
Department. No trees in the Reserve shall be damaged by DISTRICT, or trimmed by DISTRICT
without prior written approval from POWAY's Director of Public Works. The District agrees to
maintain a 5 mph speed limit.
d. DISTRICT shall indemnify and hold harmless POWAY from and against all
liabilities, claims, losses, damages, and costs resulting from or caused by, in whole or in part, the
construction and operation of the Project, including but not limited to any failure of the pipeline,
reservoir, pump station, or any other DISTRICT facility causing Ioss or damage within the Blue
Sky Ecological Reserve.
e. DISTRICT shall initially paint the pipeline green and will apply a varying
combination of greens and tans as appropriate to blend with the surrounding soil and vegetation,
to the reasonable satisfaction of the Director of Development Services of POWAY.
f. DISTRICT shall quitclaim to POWAY for use as open space and subject to the
Biological Easements the entirety of the 19.39-acre parcel in the Blue Sky Ecological Reserve
area pursuant to the following agreement:
(1) POWAY shall not request or impose any further conditions or
exactions for habitat mitigation in connection with future water
storage tank construction by DISTRICT within the 19.39-acre
parcel.
(2) Quitclaim of the 19.39-acre parcel mitigates the future habitat take,
visual impacts, and all other biological impacts on POWAY
associated with the construction of the water storage tank by
DISTRICT. POWAY agrees not to oppose or litigate the tank
project nor to support opposition or litigation by others of the tank
project. The water storage tank may be constructed by DISTRICT
on a site within the 19.39 acre parcel not to exceed four (4) acres in
size, including slope and spoil sites. Its precise location shall be
determined by DISTRICT in the future and shall be subject to the
approval of POWAY, which approval shall not be unreasonably
withheld.
In the event that DISTRICT does not build the water storage tank,
four acres of any portion of the entire parcel not already used for
mitigation under 2.a of this agreement may be used by DISTRICT
for mitigation required of other DISTRICT projects, as
appropriate.
DISTRICT shall be permitted to use existing easements, wherever
practicable, crossing the parcel and/or to establish new easements
to the extent that the total does not exceed 4 acres of habitat
disturbance to ensure the access to the future water storage tank.
g. DISTRICT shall prepare a brush management plan and submit the same to the
POWAY Director of Development Services for his review and approval prior to the removal of
any native vegetation from the Project site. DISTRICT shaII conform to the Project Addendum
regarding removal of any vegetation.
h. DISTRICT reserves the right to continue to rent and maintain the residence that is
on the parcel. The City shall Iease the residence to the DISTRICT for $1.00 per year and
DISTRICT shall assume all maintenance and liability associated with the use of the residence.
3. Remedies.
If the terms and conditions to be incorporated into the Project are not fully and
strictly performed by DISTRICT, this Agreement may be enforced by specific performance or
other equitable relief.
4. Notices.
Any demand upon or notice required or permitted to be given by one Party to any
other Party shall be in writing. Except as otherwise provided by law, any demand upon or notice
required or permitted to be given by one Party to any other Party shall be effective (a) on
personal delivery, (b) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (c) on the succeeding business day after mailing by Express Mail
or after deposit with a private delivery service of general use, (e.g., Federal Express) postage or
fee prepaid as appropriate, or (d) upon successful transmission of facsimile, addressed to the
Party at the address or facsimile number shown below:
If to POWAY:
Niall Fritz
Director of Development Services
City of Poway
P.O. Box 789
Poway, CA 92074-0789
(858) 679-4255
Facsimile: (858) 679-4298
With a copy to,:
James L, Bowersox
City Manager
City of Poway
P.O. Box 789
Poway, CA 92074-0789
(858) 679-4200
Facsimile: (858) 679-4226
If to DISTRICT:
Thomas Brammell
General Manager
Ramona Municipal Water District
105 Earlham Street
Ramona, CA 92065
(760)789-1330
Facsimile: (760) 788-2202
Jim Howell
Director of Public Works
City of Poway
P.O. Box 789
Poway, CA 92074-0789
(858)679-5400
Facsimile: (858) 679-5473
Notice of change of address shall be given by written notice in the manner set
forth in this paragraph.
5. General Provisions.
a. Incorporation of Recitals. The recitals set forth in this Agreement are part
of this Agreement.
11
b. Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this Agreement.
c, Consent. Where the consent or approval of POWAY or DISTRICT is
required or necessary under this Agreement, the consent or approval shall not be unreasonably
withheld, delayed, or conditioned.
d. Covenant of Cooperation. POWAY and DISTRICT shall cooperate and
deal with each other in good faith, and assist each other in the performance of the provisions of
this Agreement.
e. Interpretation and Governing Law. This Agreement and any dispute
arising hereunder shall be governed and interpreted in accordance with the laws of the State of
California.
f. Time of Essence. Time is of the essence in the performance of the
provisions of this Agreement as to which time is an element.
g. Attorne s Fees, In the event of any dispute, arbitration, action, or other
proceeding brought by either Party against the other under this Agreement, the prevailing Party
shall be entitled to recover all costs and expenses incurred in connection with such dispute,
arbitration, action, or other proceeding, including, without limitation, the fees and costs of its
attorneys, whether or not such dispute, arbitration, action, or other proceeding proceeds to formal
resolution or judgment.
h. Successor in Interest. This Agreement and all rights and obligations
contained herein shall be in effect whether or not any or all Parties to this Agreement have been
succeeded by another entity, and all rights and obligations of the Parties signatory to this
Agreement shall be vested and binding on their successors in interest.
i. Assignment. Neither Party shall have the right to transfer or assign this
Agreement, in whole or in part, at any time during the term of this Agreement without the
express written consent of the other.
j. Further Assurances. The Parties agree to execute and deliver such
additional documents and to take further action as reasonably necessary to effectuate the terms of
this Agreement.
k. Regulatory lator Compliance. This Agreement and the mitigation, terms and
conditions required herein does not relieve DISTRICT of any obligations it may have to satisfy
the requirements of any other regulatory agency, obtain any required permit, or comply with
other local, state or federal laws, as applicable. DISTRICT does hereby agree to defend,
indemnify and hold harmless POWAY, its officials, and employees from any and all claims and
damages arising from the alleged failure of the DISTRICT to perform any and all requirements
which may be separately imposed on the Project by the RWQCB, CDFG, USFWS, ACOE, or
any other state or federal agency. POWAY shall have the right to be represented by attorneys of
its choice who shall be paid their reasonable hourly rates by DISTRICT on a monthly basis, as
fees are incurred,
IN WITNESS WHEREOF, this Agreement is executed by POWAY acting by and
through its City Manager and by DISTRICT acting by and through its General Manager,
CITY OF POWAY
Date: gA R�,
City anager
RAMONA MUNICIPAL WATER
DISTRICT
Date: '- 0 3 y:
er
M:\planning\03repori\gpe\Ramona-Bluesky Waterline Agreement
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