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Grant of Easement Access 2012-0300164APN: 323 - 091 -06 iuuuuiuiuuiiuiMiiiiiiuiiuiuiiuiuinami MAY 22, 2012 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 2 OC: NA PAGES: 6 GRANT OF EASEMENT ACCESS The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) HCP LS Poway II, LLC, a Delaware limited liability company (hereinafter "GRANTOR ") hereby grants to the City of Poway (hereinafter "GRANTEE "), Its successors, or assigns, an easement upon, along, over, and across the lands described below, for access to City and private drainage facilities as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefor are necessary. The land encompassing this easement is situated in the City of Poway, County of San Diego, State of California, and is more particularly described as follows: E ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT EXHIBIT B MADE A PART HEREIN) GRANTOR, his 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 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, his heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTEE may use all gates and fences which, now or later, cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora 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 this easement without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easement, 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. 12-6 2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 323 - 091 -06 iuuuuiuiuuiiuiMiiiiiiuiiuiuiiuiuinami MAY 22, 2012 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 2 OC: NA PAGES: 6 GRANT OF EASEMENT ACCESS The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) HCP LS Poway II, LLC, a Delaware limited liability company (hereinafter "GRANTOR ") hereby grants to the City of Poway (hereinafter "GRANTEE "), Its successors, or assigns, an easement upon, along, over, and across the lands described below, for access to City and private drainage facilities as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefor are necessary. The land encompassing this easement is situated in the City of Poway, County of San Diego, State of California, and is more particularly described as follows: E ATTACHED LEGAL DESCRIPTION EXHIBIT A AND PLAT EXHIBIT B MADE A PART HEREIN) GRANTOR, his 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 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, his heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTEE may use all gates and fences which, now or later, cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora 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 this easement without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easement, 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. 12-6 2 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 which exists 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 his terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 11th day of May 2012 By: ow J nathan M. 4rgschneider Its: ✓/� 1 iz Date (Signature must be notarized. Notary form attached.) Approved as to Form Office of the City Attorney Morgan L. FoI C Attorney MAengsery \Clapp \Esmnt \PS Access.docx a Date State of California ) CALIFORNIA ALL - PURPOSE County of 5 an Matto CERTIFICATE OF ACKNOWLEDGMENT On M ay It* . 2012 before me, Willi Lie • busby HoI01y ?Ubht (here Insert name and title of the officer) personally appeared anathna M. b u9 schnti ii who proved to me on the basis of satisfactory evidence to be the personX whose name�4 is /subscribed to the within instrument and acknowledged to me that he /, /tJaey executed the same in his /hRt'/tbeiT authorized capacity(ips), and that by his /W /t1xrr signatureW on the instrument the person(; 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. LILIANA LIE BUSBY WITNESS my hand and official seal. COMM. #1962648 A Notary Public Calriornia o San Mateo County Carxn. E �l Dec. 4 2015 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, rt could prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled /for the purpose of to TORT 0J E altmtnt Proved to me on the basis of satisfactory evidence — L1 form(s) of Identification credible witness(es) Notarial event is detailed In notary journal on: containing r3 pages, and dated Mai U *. 2019, Page # Er-try # The signers) capacity or authority is /are as: Notary contact [A Individual(s) Other D Attorney -In -Fact E] IS XCCUflYt l ice ref +dent AddltlonalSlyner(s) � Syner(slThumpnntls) b Corporate Offcer(s) p El D Guardian /Conservator D Partner - Limited /General D Trustee(s) D Other: representing: I,Wnetsl of I'euon(s) or Fntfty(i -I ;ignPi r. R?tn? sent nq t Cupvnght 3007 -'011 Nutx � R,nary, Inc Pn Rnx 41400, Des Moines, IA so,' l t -O50i All Rights F?sa ed Item Numhet I01 ", Plea>c contact voui Amh,ni-e,l R,•,�.Ilei to pit, ha , opi, ... of thi, form EXHIBIT "A" TEMPORARY ACCESS EASEMENT LEGAL DESCRIPTION PAGE 1 OF I THE LAND DESCRIBED HEREIN IS A PORTION OF THE EAST ONE -HALF OF THE EAST ONE -HALF OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF KIRKHAM WAY AND DANIELSON STREET, AS SHOWN ON CITY OF POWAY TRACT NO. 98-05, ACCORDING TO MAP THEREOF NO. 13852, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER SEPTEMBER 17, 1999„ THENCE ALONG THE NORTHEASTERLY EXTENSION OF THE CENTERLINE OF KIRKHAM WAY, NORTH 62 037'35" EAST 461.66 FEET (NORTH 62 °37'51" EAST PER MAP 13852); THENCE LEAVING SAID NORTHEASTERLY EXTENSION, SOUTH 27 °21'51 " EAST 32.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 62 037'35" EAST 20.00 FEET; THENCE SOUTH 27°21'51" EAST 141.56 FEET; THENCE SOUTH 48 °5645" WEST 20.58 FEET; THENCE NORTH 27 °21'51" WEST 146.43 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,880 SQUARE FEET OR 0.0661 ACRES OF LAND, MORE OR LESS. ALL SUBJECT TO ALL COVENANTS, EASEMENTS AND AGREEMENTS OF RECORD. ALL AS SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS USED HEREIN ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6 (EPOCH 1991.35) GRID BEARINGS (SEE PAGE 3 FOR SPECIFICS). REFERENCE MAPS AND DOCUMENTS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. DATED THIS -_�26 DAY OF /Ylgrr -�A- , 2012. LANDP EV.12/31/12 !S or LIZONALD ROY ftRRY, L.S. 7846 EXP. 12/31/12 H VICINITY MAP NO SCALE BASIS OF BEARAW THE BASIS OF BEARING USED HEREIN IS THE CCS 83, ZONE 6 (EPOCH 1991.35) GRID BEARING BETWEEN STATION SV 10 PER ROS 17738 AND SD COUNTY SURVEY MONUMENT 52, LINE TABLE NO. BEARING DISTANCE L1 S27 °21'51 "E 32.50' L2 *2 °37'35 "E 20.00' L3 S27 °21'51 "E 141.56' L4 S48 °56'45 "W 20.58' L5 N27 °21'51 "W 146.43' I.E. N 45 °32'55" E vt A P.O.B. ON c3�,'° G p LAND ROY��� OA INDICATES PROPOSED 15.00' GENERAL UTILITY EASEMENT pw EXP, 12/31/12 1 SCALE. 1 "= 200' 0 100' 200, aoo ��. /iP-„� _ , g%T -z* iz sql IS 7846 DONALD ROY CURRY DATE F of CAO4`� GRAPHIC SCALE L.S. 7846 EXP. 12 -31 -12 EXHIBIT 'B' - TEMPORARY ACCESS EASEMENT APN 323 - 091 -06 POWAY, CA SCALE. • 1" = 200' FUSCOE ENGINEERING, INC. ,JOB NO. 02706 - 001 -01 6390 GREENWICH DRIVE, SUITE 170 DRAWN BY. DC SAN DIEGO, CA 92122 DATE. 03 -28 -12 CHECKED BY. DC TEL. (858) 554 -1500 FAX (858) 597 -0335 PAGE 1 OF 1 dcurry@fuscoe.com CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: 20/x, HCP LS Poway II, LLC, a Delaware limited liability company, 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. 34 adopted on January 20, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Dated: =' l /-z- CITY OF POWAY Seal: By. `- Lin A. Troyan, MMC City Clerk �r