Grant of Water Easement 2014-0423962APN: 323 - 500 -20
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Govemment Agency)
Sorrento West Properties, Inc., a Delaware Corporation (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 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. GRANTOR reserves all
other rights with respect to the right -of -way and the property to the extent not inconsistent with the
easement rights granted to the GRANTEE hereunder.
The land encompassing this easement is situated in the City of Poway, County of San Diego, State
of Califomia 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 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, which consent shall not be
unreasonably withheld, conditioned or delayed.
D O C ## 2014-0423962
111111 I I II IIII I I I IIIII IIIII III I IIIII I I II III
SEP 30, 2014 3:47 PM
RECORDING REQUESTED BY:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY
I
Ernest J. Dronenb Jr., COUNTY RECORDER
FEES: 0.00 ,00
WHEN RECORDED MAIL TO:
`^`
OC: NA
PAGES: 7
CITY CLERK
�Y
CITY OF POWAY
/r�I
1111111 IIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IN
IIIIII
P.O. BOX 789
U
POWAY CA 92074
(This space for Recorder's Use)
APN: 323 - 500 -20
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Govemment Agency)
Sorrento West Properties, Inc., a Delaware Corporation (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 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. GRANTOR reserves all
other rights with respect to the right -of -way and the property to the extent not inconsistent with the
easement rights granted to the GRANTEE hereunder.
The land encompassing this easement is situated in the City of Poway, County of San Diego, State
of Califomia 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 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, which consent shall not be
unreasonably withheld, conditioned or delayed.
Grant of Water Easement/ APN: 323 - 500 -20
Page 2
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
determine in its sole discretion from time to time without paying any additional compensation to
GRANTOR or GRANTOR' 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 that exist at the time this document is
executed without obtaining the prior written consent of the GRANTEE, which consent shall not be
unreasonably withheld, conditioned or delayed.
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 16th day of
July 2014.
OWNER: Sorrento West Properties, Inc.
By: Y,y
Joseph E. Maska enko,
Its: Vice President, Treasurer
By:
seoh E. Mask
Date: July 16, 2014
Date: July 16, 2014
Its: Secretary
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
Date:
Morga L. F I ity ttorney
City way
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California —1
Count J
yof San �90
ty _ 11 7
On �/ �� before me, r YCC C. • L_ct C-"1 Mli
Date I Here Insert Name and Title
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(ey whose namejWis/aw
subscribed to the within instrument and acknowledged
to me that heifsheft ew executed the same in
his/J�efAW authorized capacity(iW, and that by
his /i)eAt,�Deif signature(,a) on the instrument the
person(p) or the entity upon behalf of which the
personw acted, executed the instrument.
JOYCE E. ZACHNIAN I certify under PENALTY OF PERJURY under the
Commit
ion s 2o2t697 = laws of the State of California that the foregoing
Notary Public - California z
Son Diego County paragraph is true and correct.
Comm. Es 9 in 17 s A r 25, 20 l
WITNESS my hand and official seal.
Signature:w �5 Y4�r�
Place Notary Seal Above Signature dulotaut, PuN c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(tes) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s): _.
Individual
Partner — _' Limited General
Attorney in Fact
Trustee
Guardian or Conservator
- Other:
Number of Pages:
Signer's Name:
Corporate Officer — Title(s):
_ Individual
Partner — i_ Limited - General
Attorney in Fact
Trustee
Guardian or Conservator
-: Other:
Signer Is Representing: _ Signer Is Representing:
Notary Association
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of San DieGv
On JL IkF
personally appeared
CML CODE 9 1189
who proved to me on the basis of satisfactory
evidence to be the personal whose nameoY is/are
subscribed to the within instrument and acknowledged
to me that he /shei *y executed the same in
hisWttpeir authorized capacity(ies), and that by
his/t)ert,tW signatures) on the instrument the
person(p) or the entity upon behalf of which the
personw acted, executed the instrument.
JOYCE E. ZACNMAN I certify under PENALTY OF PERJURY under the
c9mdssim • 2021697 laws of the State of California that the foregoing
Notary Public - California :
San Diego County > paragraph is true and correct.
Comm. Ex iresApr25.2017+
WITNESS my hand and official seal.
Signature: (/�li'JV►v
Place Notary Seal Move Signelute ery PuONc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
Signer's Name:
Number of Pages:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ Generel
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
1014111 �
Signer Is Representing:
Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC WATERLINE EASEMENT TO CITY OF POWAY
LAND SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
THAT PORTION OF LOT 1 OF CITY OF POWAY TRACT No. 98 -05, ACCORDING TO MAP THEREOF NO.
13852, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 17,
1999 AS FILE NO. 1999- 639226 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY -MOST CORNER OF SAID LOT 1 ON THE NORTHERLY RIGHT OF
WAY OF KIRKHAM WAY ACCORDING TO SAID MAP; THENCE ALONG THE SOUTHERN BOUNDARY OF SAID
LOT 1 ALONG A NON - TANGENT CURVE CONCAVE NORTHWEST, A RADIAL LINE THROUGH THE
BEGINNING OF SAID CURVE BEARING SOUTH 12 °22'21" EAST (SOUTH 12 °22'09" EAST PER MAP 13852)
HAVING A RADIUS OF 1167.50 FEET; NORTHEASTERLY 305.67 FEET (305.65 PER MAP 13852) THROUGH
A CENTRAL ANGLE OF 15 °00'04" (15 °00'00" PER MAP 13852); THENCE CONTINUING ALONG THE
SOUTHERN BOUNDARY OF LOT 1 ON A TANGENT LINE NORTH 62 °37'35" EAST (NORTH 62 °37'51" EAST
PER MAP 13852) 187.78' TO THE TRUE POINT OF BEGINNING ON THE NORTHERLY RIGHT OF WAY OF
KIRKHAM WAY ACCORDING TO SAID MAP; THENCE ALONG THE FOLLOWING COURSES:
1- North 27 °22'25" West 59.67 FEET;
2- South 62 °37'35" West 12.75 FEET;
3- North 27 °22'25" West 10.00 FEET;
4- North 62 °37'35" East 12.75 FEET;
5- North 27 °22'25" West 2.44 FEET;
6- North 00 °00'00" East E 14.42 FEET;
7- North 90 °00'00" West 26.50 FEET;
8- North 00 °00'00" East E 10.00 FEET;
9- North 90 °00'00" East E 46.50 FEET,
10- South 00 °00'00" East E 19.55 FEET;
11- South 27 °22'25" East E 67.24 FEET TO THE SOUTHEAST BOUNDARY OF LOT 1;
12- THENCE ALONG THE SOUTHERN BOUNDARY OF LOT 1 South 62 °37'35" West (S62 °37'51 "W PER
MAP 13852) 20.00 FEET; TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.05 ACRES OR 2,226 SQ. FT., MORE OR LESS.
SEE EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
GLEN M. RICK
L.S.8874 EXP. 12/31/2015
SHEET 1 OF 2
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No. 8874
Exp. 1_431,
05/26/14
AS SHOWN
323 - 500 -18
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EXHIBIT "B
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SEE DETAIL
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CITY OF POWAY
18�
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LEGEND
EASEMENT AREA
( ) INDICATES
RECORD DATA
PER MAP 13852
LINE DATA TABLE
SYM LENGTH BEARING
Lt 59.67' N27'22'25 "W
L2 12.75' 562'37'35 "W
L3 10.00' N27'22'25 "W
L4 12.75' N62'37'35 "E
L5 2.44' N27'22'25 "W
L6 14.42' N00'00'00 "E
L7 26.50' N90'00'00 "W
L8 10.00' N00'00'00 "E
L9 46.50' N90'00'00 "E
L10 19.55' S00'00'00 "E
L11 67.24' S27'22'25 "E
L12 1 20.00' 1 S62'37'35 "W
GRANT OF RIGHT —OF —WAY KH
GENERAL ATOMICS SPORTS PARK
PUBLIC WATERLINE EASEMENT PLAT CP CK:
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 323 - 500 -20
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: July 16, 2014,
from Sorrento West Properties, Inc. (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: qLqqh4 CITY OF POWAY
Seal: By,yGaf�LQA bk U1...,
Streila R. Cobian, CIVIC
City Clerk