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Grant of Water Easement 2014-0514882Y Received . City Clerk's Office D O C # 2014-0514882 DEC 10 2014 111111111111111111111111111111111111111111111111111111 IIII CITY OF POWAY NOV 25, 2014 8:56 AM �Ip RECORDING REQUESTED BY: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE CITY OF POWAY Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 � WHEN RECORDED MAIL TO: OC: NA b PAGES' 10 CITY OF POWAY 1 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII P.O. BOX 789 IIIiI IIIII IIIII IIIII IIII IIII POWAY CA 92074 (This space for Recorder's Use) 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) Tech Business Center Ventures, L.P., a California limited partnership, and Tech Business Center LLC, a California 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 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. 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: (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. RbiE" Grant of Water Easement / APN: 320 - 220 -08, 320 - 220 -22 & 320 - 220 -23 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'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 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 2nd day of October ,2014. OWNERS: Tech Business Center Ventures, L.P. 0 Tech Business Center LLC Its: Theodore Tchang, President Its: Theodore Trhang, PreG;d n (Signature Must Be Notarized) Approved as to Form: Office of the City Attorney ME Date: d- /-3 -/i M: \Engsery \Land Development Projects \2014\WI14 -001 PCC \Water Easement. Dou CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of !San D f e 30 ,\ 1 ,ice, , On IO I Z 12.0 f `� before me, !J`� I; " C • LO`n = / 0c� r � +" �►.�o�.l� Dare Here Insert Name arM Title of the ONloer personally appeared T11 0(C'_,_ NANCY C. LANE COMM. 9 1942509 NOTARY PUBIC • CAIFORNEA i SAN DIEGO COUNTY Comm. EON JULY 26, 2015 Place Notary Seal Aloe who proved to me on the basis of satisfactory evidence to be the person($) whose name(*) is/ape subscribed to the within instrument and acknowledged to me that he/*A/Wey executed the same in his4w/their authorized capecity(iss), and that by his1terr1ftWr signature(so on the instrument the person(a), or the entity upon behalf of which the person($) 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. WITNESS my hand and official seal. Signature wTCrA e,l tk ` ignatum W Notary Public 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: 6f0n-Ir of WaAey &Jsle r� Document Date: 10 12 110 14 Number of Pages..) 01 Pcknc)gA5& P904 Signers) Other Than Named Above: 5fin-m G$ Q(a$*4gee — kLA&&r*td ikn'iLLJe#--J r1- P Capacity(les) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: aC RIGHTTHUMBPRINT OF SIGNER 0 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER no EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF LOT 8 OF CITY OF POWAY TRACT 86- 02R(2) POWAY CORPORATE CENTER UNITS 2 AND 3, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 2000 AND PARCELS 1 AND 2 OF PARCEL MAP NO. 19948, IN THE CITY OF POWAY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2006, BEING STRIPS OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 8 DISTANT THEREON NORTH 87 015'01" WEST 139.21 FEET FROM THE NORTHEAST CORNER THEREOF, THENCE LEAVING SAID NORTHERLY LINE ALONG SAID CENTERLINE SOUTH 02 044'59" WEST 20.00 FEET; THENCE SOUTH 87 015'01" EAST 92.70 FEET; THENCE SOUTH 02 °44'59" EAST 192.08 FEET; THENCE SOUTH 23 031'08" WEST 22.65 FEET; THENCE SOUTH 65 014'52" WEST 14.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING SOUTH 65 °14'52" WEST 67.89 FEET; THENCE NORTH 89 °49'48" WEST 122.33 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B "; THENCE CONTINUING NORTH 89 049'48" WEST 5.86 FEET; THENCE SOUTH 45 °10'12" WEST 102.37 FEET; THENCE N89 049'48" WEST 57.85 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C "; THENCE CONTINUING NORTH 89 049'48" WEST 193.71 FEET; THENCE NORTH 44 °49'48" WEST 27.07 FEET; THENCE NORTH 00 °10'12" EAST 46.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D "; THENCE CONTINUING NORTH 00 °10'12" EAST 44.65 FEET; THENCE NORTH 19 °17'41" WEST 25.44 FEET; THENCE NORTH 28 017'41" WEST 103.69 FEET; THENCE NORTH 02 050'00" WEST 20.07 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E "; THENCE CONTINUING NORTH 02 °50'00" WEST 10.74 FEET; THENCE NORTH 45 010'00" EAST 40.16 FEET; THENCE SOUTH 89 050'00" EAST 200.56 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F "; THENCE CONTINUING SOUTH 89 °50'00" EAST 24.26 FEET; THENCE NORTH 00 000'00" EAST 39.50 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE CONTINUING NORTH 00 000'00" EAST 85.82 FEET TO A POINT ON THE SOUTHERLY LINE OF THE 20.00 FOOT WIDE PUBLIC WATER EASEMENT DEDICATED PER SAID PARCEL MAP NO. 19948 AND BEING THE POINT OF TERMINATION. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A "; THENCE SOUTH 24 045'08" EAST 17.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B "; THENCE NORTH 00 010'12" EAST 97.34 FEET; THENCE SOUTH 89 °49'48" EAST 15.27 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C "; THENCE SOUTH 00 000'00" EAST 56.87 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D "; THENCE NORTH 89 049'48" WEST 19.36 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E "; THENCE NORTH 87 010'00" EAST 19.87 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F "; THENCE NORTH 0 010'00" EAST 25.23 FEET TO A POINT OF TERMINATION. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE 10.00 PUBLIC UTILITY EASEMENT DEDICATED PER SAID MAP NO. 13944. THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL LOT LINES, ANGLE POINTS, SAID PUBLIC UTILITY EASEMENT AND THE SOUTHERLY LINE OF SAID WATER EASEMENT. 0► A I6 '�/Zz-/nu 14 EXHIBIT "B" LEGAL DESCRIPTION PARCELS 1 & 2 OF PARCEL MAP NO. 19948 AND LOT 8 OF POWAY TRACT 86 -02R (2) POWAY CORPORATE CENTER UNITS 2 AND 3, MAP NO. 13994. ASSESSOR'S PARCEL NUMBERS 320 - 220 -08, 22 AND 23 OWNER'S 320 - 220 -08 AND 23 TECH BUSINESS CENTER VENTURES L.P. 3575 KENYON ST., SUITE 200 SAN DIEGO, CA. 92110 CONTACT: TED TCHANG PHONE: (619) 223 -1663 A')n- 99n -9') TECH BUSINESS CENTER LLC. 3575 KENYON ST., SUITE 200 SAN DIEGO, CA. 92110 CONTACT: TED TCHANG PHONE: (619) 223 -1663 EASEMENTS ❑A PUBLIC UTILITY EASEMENT PER P.M. 13944. © PUBLIC UTILITY EASEMENT PER P.M. 19948. © PUBLIC PEDESTRIAN ACCESS EASEMENT PER P.M. 19948. ❑ D 20' DRAINAGE EASEMENT PER MAP 13944. E❑ PUBLIC WATER EASEMENT DEDICATED PER P.M. 19948. 0 WATER EASEMENT DESCRIBED HEREON 13- 239ESMT REVISED BY: DATE WIN BY: AMP I DATE: 3/4/14 CHECKED BY: RJS I DATE APPROVED BY: DATE SHEET 1 OF 4 :jd=1CZ•1:4=1I1 -y'li SPEAR & ASSOCIATES, INC 475 PRODUCTION STREET SAN MARCOS, CA 92078 (760) 736 -2040 RAMON J. SPEAR, L.S. 6404 LAND S' * NO. 6404 r� - T F CA CITY OF POWAY REF. WATERLINE EASEMENT PLAT 15'� l v� w OI W �I WI W x U F-� Q ►_ EXHIBIT "B" SHEET 2 OF 4 COMMUNITY RD. N.E. COR. LOT 8 0=50'01'38' P.O.B. — — — — — 25.00' R= 74.50' L= 65.05' N8715'01 "W 145.05' 0=107'48'17" - - - - - 13121 _ _ T -R= 90.50' 84 �0 . i 5' L= 170.28' - - - _� I I S02'44'S9 "W 20.00' I i I " I 457.41' W ; A S871 5'01 "E 92.70' I I I f � � iIl B L1pGdlo 3�0���O�OE�3 I I `" S0244'59 "W 192.08' � � I 20' (TYP.) -- I , I--- S89'49'48 'E 15.27' 10' I.- o I � F L _j I I I I I S23'31'08`W 22.65' I N0010'12 0E 97.34' POINT "Am / N89'49'48'W 5.86' I ' S6514'52 °W 82.60' I I II 122.33 54510'12 "W 102.37-1 \I /i N89'49 48 W 128_19 - / // , / r N89'49'48`W 251.56' - 1 r 57.885 i °W S75'48'05 "W 47.97' REVISED BY: DATE DRAWN BY: AMP DATE: 3/4/14 CHECKED BY: RJS DATE APPROVED BY: DATE n N61"29'23 "E 53.43' '21 "E 112.67' CITY OF POWAY 14.71' 24'45'08 "E 17.00' L N84'45'41 "E .E 71.94' WATERLINE EASEMENT PLAT O SCALE: 1"=60' REF. EASE ENTS LEGEND EXHIBIT "B" SHE 3 OF 0 SEE DETAIL SHEET 4 WATER EASEMENT DESCRIBED HEREON I I l 0 20' DRAINAGE EASEMENT PER P.M. 19344.- -G° pG7_�3�Oo ����o� - E J - i i M F- - -- F -� focR4l N L J lY4".1WL`.�LS LS ll9 lYolf'No ll c�Jc�J4 ° L J� �� O E _ N89'50'00 "W 457.41'-vA— I I I l 0 1 \ 410.02' 1 —j I \❑ N00'10'00 "E 25.23' r-I-i I r°l T N4510'00 °E - - - - -- - r - - - -- U �I 44 "W / \ \ 40.16' _ 200_56 _ _ 24.26 POINT �E' / / 10.74' - LS89'50'00 "E 224.83' N48'07'20 "W _ N87'10'00 "E 19.87' 62.67' cn'nn " ".� I 20.07' POINT 'f N34'33'43 "W 62.67' N28'07'22 "W 123.31' 30.81' \ \ `\ \ \ 28'17'41 °W 103.69' \ \ \ \�20' (TYP.) \ O� N15'28'36 "W 25.83' N06'34'09 "E 105.77' N20'45'05 "W 63.62' 13- 239ESMT REVISED BY: DATE DRAWN BY: AMP DATE: CHECKED BY: RJS DATE APPROVED BY: DATE L%PH- 02@420-03 N \ pGQG3 lm 29 P.M. mD,% �\ \ \� N19'17'41 "W 25.44' I J�N89'49'48 "W 19.36' 1L,--POINT "D' N00'10'12 "E - 91 36' 4 I� w I° W I� IW W Iz I~ I� I� () I �\ \4'49'48 "w 27.07' POINT "C' I \ - N 1 4948 W 251.56' -I 19371 -- 57.85 ❑Q SO'00'00 "E 56.87' --L T� - -LPL. N75'32'55 "W 61.09' 3/4/14 S63'52'29 "W N80'51'50 "W 108.82' 129.36' II CITY OF POWAY SCALE: 1 " =60' REF. WATERLINE EASEMENT PLAT EXHIBIT "B" I I I,I �1 I� 20' I—�10' 10' 1 1 I S89- 50 -00 "E I I 66.25' P,%N @IEL � i ; 1-0 I N00'00'00 "E 10.00' I I h I Iw F I I E IoMI I pN \\ pC�do 10' 20' r 7.39'-` - - - -- r— LI�I SffrLO'00'E _ 24.26' TN0010 00 E 560'31'38 "W(R) 10 J 25.23' IF 25.00' POINT 'F' V 13- 239ESMT SHEET 4 OF 4 tz`� COMMUNfTY l ROAD N p p U�Qq I Lo CD co T co nI� /�� nnLa/�.�p22G�77 0 (��320000 °�2�3 @n -03 IYL".1W`V'm 20 lYoCAYA]o Il c`Lc�/�Oo SEE SHEET 3 REVISED BY: I DATE WN BY: AMP DATE: CKED BY: RJS DATE BY: I DATE B 1 1 I ' N U I a I I � I DETAIL SCALE: 1"=60' 3/4/14 CITY OF POWAY WATERLINE EASEMENT PLAT SCALE: 1"=60' REF. i i 10' rn N F_ W TW N F- O w W SCALE: 1"=60' REF. CERTIFICATE OF ACCEPTANCE Grant of Water Easement APNs: 320 - 220 -08, 320 - 220 -22 & 320 - 220 -23 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: �Iht&' Q) q from Tech Business Center Ventures, L.P., a California limited partnership, and Tech Business Center LLC, a California 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. Dated: bAk)b-� C95 ao�/-q CITY OF POWAY Seal: By: M 0 k1 Oct –C–P - — Sheilat. Cobian, CMC, City Clerk