Grant of Easement 2023-035455012/28/23, 1:29 PM
Batch 16820020 Confirmation
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 317-472-38-00 & 317-472-39-00
DOC# 2023-0354550
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Dec 28, 2023 11:13 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SI32 Atkins: $0.00)
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
PAGES: 10
)ace for Recorder's Use
Poway Commons, LLC, (hereinafter "GRANTOR"), for good and adequate consideration, hereby
grant 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 street lights
and appurtenances thereto, at such locations and elevations, upon, along, and over that certain real
property described in Exhibit "A" and shown in Exhibit "B" which are made a part hereof. 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 easement 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.
GRANTEE may at any time increase its use of the easement and the resulting burden on the servient
https://gs.secure-erds.com/Batch/Confirmation/l6820020 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 Use)
APN: 317-472-38-00 & 317-472-39-00
GRANT OF EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
Poway Commons, LLC, (hereinafter "GRANTOR"), for good and adequate consideration, hereby
grant 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 street lights
and appurtenances thereto, at such locations and elevations, upon, along, and over that certain real
property described in Exhibit "A" and shown in Exhibit "B" which are made a part hereof. 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 easement 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 EXHI
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.
GRANTEE may at any time increase its use of the easement and the resulting burden on the servient
Grant of Easement / APN: 317-472-38-00 & 317-472-39-00
Page 2
tenement, without changing the purpose of such use, change the location of facilities within the
boundaries of the easement, 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 1*�K day of
1)P,C2wlk , 20 23 .
OWNER: Poway Commons, LLC
3 By: UDate:
Sea Cogswell, Partn
(Signature Must Be Notarized)
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 t2" D I
On )cc�eti--A� l �, before me, to A l av C • F i0 x'c- S r---.. Notary Public,
Date Here Insert Name and Title of the Officer
personally appeared �- SG�� G-� 4! > A vN I"' F= M _
Name(s) of
who proved to me on the basis of satisfactory evidence to be th per on ) whose (am�(s) �is
e
subscribed to the within instr ent and acknowledged to me tha ey executed`tlfe san
i her/their authorized pa 1 ies), and that by - is er/their natu s) on the instrument the
ersori(s), or the entity upo all
of which t erso (s) acted, ex sut�-#e instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
*my
MARIAC. FLORES WITNESS my hand and official seal.
Notary Public - CaliforniaSan Diego County
Commission # 246068Comm. Expires Sep 20, 2027 Signature l—L-1�i� _
Sig9a
nature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
I-1 Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Grant of Easement / APN: 317-472-38-00 & 317-472-39-00
Page 3
Approved as to Form:
Office of the City Attorney
kl
]/ l
Alan Fenstermacher, City Attorney
Approved as to Content:
Tracy B a h, City Engineer
--) / I - e
Date: i � � Z�
l ` Date: /"lda 3
Grant of Easement / APN: 317-472-38-00 & 317-472-39-00
Page 3
CERTIFICATE OF ACCEPTANCE
Grant of Easement
APNs: 317-472-38-00 & 317-472-39-00
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: \A 1 u 5 1 d 3 from
Poway Commons, 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: Z CITY OF POWAY
Seal: By:
gobert J. ani
irector of Development
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOTS 3 AND 4 OF CITY OF POWAY TTM 19-005, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 16445 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON APRIL 15, 2021, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
BEING A 5.50 FOOT WIDE STRIP OF LAND LYING 2.75 FEET ON BOTH SIDES OF THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE
NORTHERLY LINE THEREOF NORTH 88042'27" WEST, 5.39 FEET (RECORD N88°42'27"W
PER SAID MAP) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE SOUTH 01 017'33" WEST, 2.50 FEET TO THE POINT OF TERMINUS.
THE HEREINABOVE DESCRIBED STRIP OF LAND CONTAINS 14 SQUARE FEET, MORE
OR LESS.
PARCEL B
BEING A 5.50 FOOT WIDE STRIP OF LAND LYING 2.75 FEET ON BOTH SIDES OF THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE
NORTHERLY LINE THEREOF NORTH 88042'27" WEST, 7.28 FEET (RECORD N88°42'27"W
PER SAID MAP) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE SOUTH 01017'33" WEST, 6.00 FEET TO THE POINT OF TERMINUS.
Page 1 of 2
M:\3345\08\Legal DescriptionsW17 Public traffic signal easements.docx
THE HEREINABOVE DESCRIBED STRIP OF LAND CONTAINS 33 SQUARE FEET, MORE
OR LESS.
J. ELMORE P.L.S. 8483
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
Page 2 of 2
SAND SCR
L.S.8483
9TF OF CAS-%F
M:\3345\08\Legal Descriptions\A17 Public traffic signal easements.docx
EXHIBIT "B"
SHEET 1 OF 3
POWAY ROAD
PORTION OF POWAY ROAD GRANTED - -� PORTION OF POWAY ROAD GRANTED PER GRANT �—
PER GRANT DEED TO THE COUNTY- , DEED TO THE COUNTY OF SAN DIEGO RECORDED
OF SAN DIEGO RECORDED 11/14/1963 712511963 AS FILE NO. 1963-130253, O.R.
AS FILE NO. 1963-0204255, O.R.
00 Q
to
00
L3-1
SEE DETAIL A -
SHEET 3
I
*SEE EASEMENT
LEGEND SHEET 2
A
3
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PEN SQUIOTOS
BLVD
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0 80 160 240
SCALE 1" =80'
LEGEND
PARCEL A
AREA = 14 SQ. FT., MORE OR LESS
PARCEL B
E= AREA = 33 SQ. FT., MORE OR LESS
() RECORD DATA PER MAP 16445
P.0.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
HUNSAKER
& ASSOCIATES
SAN DI EGO, I NC. ___ _______�_-_Cn_-_2_o Z 3
9707 Waples Street (858)558-4500 ORE, S 8483 DATE
San Diego, CA 92121
R:\1558\&Map\Easement\EP Public Traffic Signal Esmt SHT 01.dwg, w.o. 3345-0008
LAND SO\
Goo
L.S.8483
yT� OF CA�I�O�
EXHIBIT "B„ SHEET 2 OF 3
EASEMENT LEGEND
AINDICATES 20' WIDE GENERAL UTILITY EASEMENT TO THE
A CITY OF POWAY PER MAP 16445.
0 INDICATES STORM DRAIN ACCESS EASEMENT TO THE CITY
B OF POWAY PER MAP 16445.
INDICATES 6' WIDE RECREATIONAL TRAIL AND PUBLIC
A ACCESS EASEMENT TO THE CITY OF POWAY PER MAP
16445.
INDICATES WATER EASEMENT TO THE CITY OF POWAY PER
A MAP 16445.
INDICATES EXISTING EASEMENT TO SDG&E RECORDED
E 712311974 AS INST. NO. 74-197209, O.R.
INDICATES EXISTING EASEMENT TO SDG&E RECORDED
F 812111972 AS INST. NO. 220722, O.R.
QINDICATES EXISTING EASEMENT TO POSITREND INVESTORS, A
PARTNERSHIP, AND OTHERS RECORDED 911711969 AS
INST NO. 170046, O.R.
INDICATES EXISTING EASEMENT TO RICHARD K. TRESTRAIL
H AND AGNES I. TRESTRAIL, AND OTHERS RECORDED
11811971 AS INST. NO. 4579, BOTH O.R.
NON-PLOTTABU EASEMENTS
THE FOLLOWING EASEMENTS HAVE NO SPECIFIC LOCATIONS SET
FORTH IN THE DEEDS AND CANNOT BE PLOTTED ON MAP:
SDG&E, HOLDER OF EASEMENTS RECORDED 812111972 AS DOC.
NO. 220708; 812811980 AS INST. NO. 80-276796; 1211512020
AS INST. NO, 2020-0804442; AND 511812021 AS INST. NO.
2021-0377859, ALL O.R.
MC POWAY 97 LLC, HOLDER OF EASEMENTS RECORDED
1112012020 AS INST. NO. 2020-0740275 AND 7/14/2021 AS
INST. NO. 2021-0502824, BOTH O.R.
HUNSAKER
& ASSOCIATES
SAN DIEGO, INC.
9707 Waples Street (858)558-4500
San Diego, CA 92121
R:\1558\&Map\Easement\EP Public Traffic Signal Esmt SHT 02.dwg, mo. 3345-0008
EXHIBIT "B"
POWAY ROAD
PORTION OF POWAY ROAD GRANTED PER GRANT
DEED TO THE COUNTY OF SAN DIEGO RECORDED
1111411963 AS FILE NO. 1963-0204255, D.R.
(N88°42'27"V
N88°4227"
.� 5.39' �. 4
SHEET 3 OF 3
DETAIL A
SCALE. 1 "=5'
P.O.C.
NE COR. LOT 3
--�/275 ' 115
� '
V-/—P.O.T. I FOR.
JNW 1/4
MAP 16445 I S Er. J 3
7 J 4S l 2VV
DETAIL B
POWAY ROAD SCALE: 1 "=5' I
PORTION OF POWAY ROAD GRANTED PER GRANT
DEED TO THE COUNTY OF SAN DIEGO RECORDED
712511963 AS FILE NO. 1963-130253, O.R.
T. P. O. B. (N88 °42'27"W)r
P. D. C.
N88°42'27" NE COR. LOT 4
iii I--7.28' ti
'2.75'
w I
16]
° POR,
2.75' S 1 / 4
\ L� 445 P.O.T I SEC. 1 3
7 J 4S R2VV
L
HUNSAKER 0 5 10 15
& ASSOCIATES
SAN DIEGO, INC. SCALE 1" =5'
9707 Waples Street (858)558-4500
San Diego, CA 92121
R: \ 1558\&Map \Easement\ EP Public Traffic Signal Esmt SHT 03.dwg, w.o. 3345-0008