Grant of Water Easement 2013-0677404RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
�p
CITY CLERK
CITY OF POWAY
P.O. BOX
POWAY CA A 92074
0%
a o C # 2013-0677404
111111 I I III 1I II IIIII IIIII I II I IIII I I IIIII III II
NOV 15, 2013 1:45 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 8
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
for
HCP LS Poway I, LLC,. a Delaware Limited Liability Company (hereinafter "GRANTOR "), 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 bya 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 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, to wit:
„X„
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 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 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, change the location of facilities within
the boundaries of the easement right -of -way, or modify the size of improvements as it may
Grant of Water Easement / APNs: 323 - 500 -08 and 323- 500 -09
Page 2
determine in its sole discretion from time to time without paying any additional compensation to
GRANTOR or GRANTOR's heirs, successors, or assign "s, provided GRANTEE does not expand its
use of the easement bevond the easement boundaries described above.
It is also understood and agreed by the parties that the GRANTOR, and the GRANTOR'S heirs,
successors orassigns, shall not increase or decrease or permit to bedncreased or decreased the
existing ground elevations of the above- described easement 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 8t1l day of
November _,2013.
OWNER: HCP LS Poway I, LLC
By: r—�L.00��
Signature
Michael Dorris
Print ame
Its: Vice President
Approved as to Form:
Office of the City Attorney
Date: C
(Signature Must Be Notarized)
"it //V�
Morga L. F ley, ity ttorney
Date:
M `,Engser0t -and Development Pr0jects12013\WI13 -003 Ridgeview WalernGRAN7 DCC,Doc
CALIFORNIA ALL - PURPOSE
State of California
County of C�)Cj VN4L�
On before me, G(C� �+(�__ �T No
Date 1- n Here Insert Name an nIe of the Ober
personally appeared G2.� 1 JC1l t' lS
CIVIL CODE § 1789
who proved to me on the basis of satisfactory
evidence to be the person(ewhose nameW is6are'
subscribed to the within instrument and acknowledged
to me that he /sate /they executed the same in
his/�6rtthl& authorized capacityo< and that by
his/hp6tVir signatureK on the instrument the
THERESA SCARLETT person(') or the entity upon behalf of which the
ra
f Commisslo114 '2013036 person(V acted, executed the instrument.
I Notary RuDho' California =
San Diego County s
M Comm. Expires Apr 4.2017 1 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: /l. M Y _ZA Q I —
Place Notary Seal Above Signatures fary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable: to persons relying on the document
and could prevent fraudulent removal and reattachment of th&ll to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named;Abcve: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate. Officer — Title(s):
❑ Individual
❑ Partner'— El Limited El General
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2012 National Notary Association • NationalNOtery.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION.
AN EASEMENT FOR WATERLINE PURPOSES OVER, UNDER, ALONG AND ACROSS
THOSE PORTIONS OF LOTS 8 AND 9 IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 13852
RECORDED SEPTEMBER 17, 1999 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY. DESCRIBED AS FOLLOWS:
PARCEL "A"
A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED
AS FOLLOWS;
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 8 DISTANT
THEREON SOUTH 62 °37'51 "WEST 92.45 FEET FROM THE NORTHERLY CORNER
THEREOF; THENCE SOUTH 27922'09" EAST, 262.53 FEET TO A POINT HEREINAFTER
DESCRIBED AS POINT "A'; THENCE SOUTH 27 °22'09" EAST,10.00 FEET; THENCE
SOUTH 6 059'56" WEST, 16.81 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT
"B "; THENCE SOUTH 06 °59'56" WEST, 5.37 FEET; THENCE SOUTH 40 °44'56" WEST,
91.01 FEET; THENCE SOUTH 51 °59'56" WEST, 112.28 FEET; THENCE SOUTH 74 °24'43"
WEST, 206.55 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "C'; THENCE
SOUTH 74 024'43" WEST, 5.63 FEET; THENCE SOUTH 69 °24'43" WEST, 129.24 FEET;
THENCE NORTH 88 005'17" WEST, 131.99 FEET; THENCE NORTH 27 °22'09" WEST, 4.26
FEET TO A POINT HEREINAFTER DESCRIBED AS POINT ``D "; THENCE NORTH
27 °22'09" WEST, 172.89 FEET; THENCE NORTH 16 °11'58" WEST, 69.82 FEET TO THE
POINT OF TERMINUS IN THE NORTHWESTERLY LINE OF SAID LOT 9.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED AS NEEDED TO
BEGIN ON THE NORTHWESTERLY LINE OF SAID LOT 8 AND END ON THE
NORTHWESTERLY LINE OF SAID LOT 9.
PARCEL "B"
A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED
AS FOLLOWS;
BEGINNING AT THE AFORESAID POINT "A'; THENCE NORTH 62 °37'51" EAST, 36.00
FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED AS NEEDED TO
BEGIN ON THE NORTHEASTERLY LINE OF THE AFORESAID PARCEL "A" AND END
ON A LINE THAT BEARS SOUTH 27 022'09" EAST AND PASSES THRU THE POINT OF
TERMINUS OF THE AFORESAID CENTERLINE.
PARCEL "C"
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED
AS FOLLOWS;
BEGINNING AT THE AFORESAID POINT °B'; THENCE SOUTH 83 °00'04" EAST, 23.00
FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED AS NEEDED TO
BEGIN ON THE EASTERLY LINE OF THE AFORESAID PARCEL °A" AND END ON A
LINE THAT BEARS SOUTH 6 059'56" WEST AND PASSES THRU THE POINT OF
TERMINUS OF THE AFORESAID CENTERLINE.
PARCEL "D"
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED
AS FOLLOWS;
BEGINNING AT THE AFORESAID POINT "C "; THENCE SOUTH 15 °35'17" EAST, 20.00
FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED AS NEEDED TO
BEGIN ON THE SOUTHERLY LINE OF THE AFORESAID PARCEL "A" AND END ON A
LINE THAT BEARS SOUTH 74 024'43" WEST AND PASSES THRU THE POINT OF
TERMINUS OF THE AFORESAID CENTERLINE.
PARCEL "E"
A STRIP OF.LAND 1000 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED
AS FOLLOWS;
BEGINNING AT THE AFORESAID POINT "D'; THENCE SOUTH 62 °37'51" WEST, 22.50
FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP: TO BE PROLONGED OR SHORTENED AS NEEDED TO
BEGIN ON THE WESTERLY LINE OF THE AFORESAID PARCEL "A" AND END ON A
LINE THAT BEARS NORTH 27 022'09" WEST AND PASSES THRU THE POINT OF
TERMINUS OF THE AFORESAID CENTERLINE.
I
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3
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65.00
1
EXHIBIT "B`
WATER EASEMENT
7 S62037'51 "W 92.45'
/ N62'37'51 "E 36.00' 11�
PT "A
I S27'22'09 "E 262.53'
S27'22'09 "E 10.00'—/
P. a• B. S06'59'56 "W 16 81'-
PARCEL
.00
� SCALE 1" =100'
2\
PARCEL TO
S83 "00'04 "E
23.00'
PT "8"
r � I
S06'59'56 "W 5.37' 1'1
S40'44'56 "W 91.01' 1 1
S51'59'56 "W 112.28' 1
U
1�1
LOT 8 / J
R, APN 323- 500 -08 /
m 57424'43 "W 206..55' /
---- ------------
20. 00
PARCEL "A "
S7424'43 "W 5.63'��
S69'24'43 "W 129.24'
LOT 9
APN 323 - 500 -09
N88'05'17 "W 131.99
N27'22'09 "W 4.25'
N27'22 '09 "W 172.
PT "D"
N16'11'58 "W 59.82'
S62'37'51 "W 22.50'
S15 '35' 17 "E
20.00'
V►lida�►►ji
PT "C"
-J ® 10' GENERAL UTILITY EASEMENT
PER MAP 13852
/ ® 10' SDGE ESMT PER #2000- 297698
5.00,' GENERAL UTILITY ESMT
PER # 2003- 13001150
INDICATES EASEMENT
AREA 25239 S0. FT.
PARCEL TO PLSA 5000
PASCO LARET SUITER
& ASSOCIATES
CIVIL ENGINEERING • LANG PLANNING s LANO SURVEYING
535 North Highway 101, Ste A. Solace Beech, CA 92075 '
i
ph 858.259.8212 1 is 858.259.48121 plaaengineerlog.com
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APNs: 323 - 506 -08 and 323 - 560 -09
This is to certify that the interest in real property located in the City of Poway conveyed by the
Deed or Grant of Easement described in the attached document dated: 4 Q�fK S,CrU7j
from HCP LS Poway I, 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. 34 adopted on January 20;
1981.
Dated: esm4tQn M,P0I04 CITY OF POWAY
Seal: By: a" 141 lSy L l-
Sheila R. Cobian, CIVIC, City Clerk