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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 J rl co ui co Ln w M 0 z lw N N, 1 N No. 8874 Exp. 1_431, 05/26/14 AS SHOWN 323 - 500 -18 a EXHIBIT "B MAP J 1J, 000"o r 6i 50l SEE DETAIL BELOW �� L9 00 O_ J W LL5 J L4 N ,$l � v � IN DETAIL 1 =40 CITY OF POWAY 18� N� 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