Grant of Easement (Water) 2023-01453926/5/23, 9:22 AM
Batch 15819412 Confirmation
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DOC# 2023-0145392
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111
Jun 05, 2023 08:55 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $107.00 (SB2 Atkins: $75.00)
PCO : N/A
PAGES: 7
)ace for Recorder's Use
APN: 317-190-18-00 and 317-190-39-00
GRANT OF EASEMENT
Water
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
SIRE CALIFORNIA 11 PH, LLC, a California 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 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.
ESMT22-0012
https://gs.secure-recording.com/Batch/Confirmation/15819412 1/2
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
for Recorder's
APN: 317-190-18-00 and 317-190-39-00
GRANT OF EASEMENT
Water
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
SRE CALIFORNIA 11 PH, LLC, a California 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 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.
ESMT22-0012
Grant of Easement / APN: 317-190-18-00 and 317-190-39-00
Page 2
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 WI NESS WHEREOF, the GRANTOR has executed this Easement this �} Vl day of
2023.
OWNER: SRE California 11 PH LLC, a California limited liability company
. ae_��
Heath R. yrd, Chief Financial Officer
(Signature Must Be Notarized)
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 North Carolina
County of Mecklenburg )
On April 26th, 2023 before me, Natalie Paige Daczkowski, Notary Public
(insert name and title of the officer)
personally appeared Heath R. Byrd
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 NC that the foregoing
paragraph is true and correct.
WITNESS hand aMal~seal. NATALIE PAIGE DACZKOWSKI
NOTARY PUBLIC
I j 1 l MECKLENBURG COUNTY, NC
W Commission Expires 8-19-2026
1/ I1J
Signature
(Seal)
Grant of Easement / APN: 317-190-18-00 and 317-190-39-00
Page 3
Approved as to Form:
Office of the City Attorney
�j
Alan Fenstermacher, City Attorney
Approved as to content:
Tracy BeetCity Engineer
/7
Date: �! C
Date: 3
Grant of Easement / APN: 317-190-18-00 and 317-190-39-00
Page 4
CERTIFICATE OF ACCEPTANCE
Grant of Easement
APN: 317-190-18-00 and 317-190-39-00
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: q / ?—( / Z-U from SRE
CALIFORNIA 11 PH, 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: 6 A� CITY OF POWAY
Seal: By:
Ro ert J. Manis
Dir6ctor of Development Se
EXHIBIT "A "
WATER EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE.
COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT
WESTERLY 20.00 FEET MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF
SAID SOUTHEAST QUARTER OF SECTION 13 AS SHOWN ON RECORD OF SURVEY
14933-1, IN SAID CITY, COUNTY AND STATE, FILE NO. 1995-0324158,
THENCE SOUTHERLY ALONG SAID PARALLEL LINE, SOUTH 0'1525" WEST 228.12
FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89'44 J5" WEST 31.86 FEET,•
THENCE SOUTH 1'1758" WEST 106.60 FEET;
THENCE SOUTH 8842'02" EAST 20.39 FEET TO THE POINT OF TERMINUS;
EXHIBIT '$" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
CONTAINING. 1588 SQUARE FEET OR 0.036 ACRES MORE OR LESS
SUBJECT TO,• COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS,
AND RIGHTS -OF -WAY, IF ANY
Last Update:11/21/22
0:\3800-3899\3834\ESw \WATER\3834WAlER.dwg
TLOL77O Thienes Engineering, Inc.
CN1L ENGINEERING • LAND SURVEYING14349 FIRESTONE BOULEVARD
LA MIRADA, C4LIFORN14 90638
FAX(714)521-4173
is •
PREPARED UNDER THE DIRECTION OF
wXV44. I I/21/22
VEEN K. GA I DATE
P.L.S. NO. 9123
REG, EXP, SEPT. JO, 2024
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SCALE: 1 "=100' EXHIBI T "B"
WATER EASEMENT
PLAT
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APN: 317-190-39
POP, ®IF
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R(CS 14 9-33-R
LEGEND.'
® - INDICATES WATER EASEMENT
CONTAINS- 1588 SO FT. 0.036 AC .i-
P.O. C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
P.O.T. - POINT OF TERMINUS
Last Update:11/21/22
0:\3800-3899\3834\ESMT\WATER\3834WATER.dwg
O Thienes Engineering, Inc.
flL0,9719)PH.(714)521-4811
C119E ENGINEERING • LAND SURVEY/NG
14349 FIRESTONE BOULEVARD
LA MIRADA, C.ALIFORNA 90638
F"(714)521-417J
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LINE TABLE
LINE #
BEARING
LENGTH
L1
N 89'44'35" W
31.86'
L2
S 1'17'58" W
106.60'
L3
S 88'42002" E
r2O.39'
PREPARED UNDER THE DIRECTION OF
I I/21/22
VVEXEN K. qCA14 DATE
P.L.S. NO. 9123
REG. EXP. SEPT. 30, 2024
SHEET 1 OF 1
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