Agreement and Grant of Easement for Ingress and Egress 2001-132840RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
city Clerk
City of Poway
P.O. Box 789
Poway, Ca. 92074-0789
(Space Above This Line For Recorder's Use)
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( ) (x) City of
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DOg 2001-0132840
Mar 08, 2001 8:12 AM
AGREEMENT and GRANT OF EASEMENT for INGRESS and EGRESS
This A ~ Grant of Easemem, for benefit of ied ingress and
egress in perpetuity (the "Agreement"), dated Jan. 29, 2001 f purposes
only, is entered into by and between Old Poway LLC, a California Limited Liability
Company ("Grantor") and the City of Poway ("Grantee"), with the following
facts:
Ao
Grantor is the owner of th '· property, bounded by Midland Road, Temple
Street, the alley running N-S between Midland Road and Sycamore Avenue, and the
southerly properly line of lot 25 in Block 16 of]?' the City of Poway, County
of San Diego, State of Calif Sing to Map Number 331, filed in the Office of
the San Diego County Recorder. Grantor is developing comprised
of office, retail and upon the foregoing described real property (the "Old
Poway Village" development).
Bo
Grantee is the controlling interest of that 1~ '. property, 20 feet in width,
dedicated for alley purposes, extending from Temple Street to Edgemoor St., being
situated approximately 210 ft. west of and parallel to, th ?Midland Avenue
(the "Alley"), the southerly portion of which is shown in Exhibit "B" attached hereto.
Both Grantor and Grantee understand and are aware that Pacific Bell, a California
C ("Pacific") ' ?th ?arate parcels, fronting Edgemoor
Street upon which Pacific operates a Central Office switching facility (the "Central
Office").
Easement
01.10.01
p. 2
D. Grantor and Grantee understand and concur that, in order to provide tele-
the Poway area, Pacific is in need of expanding the Central
Office. Th ~le means for PaciE ~lish ~and it's building
directly to the west. The result of said expansion will extend ' :l over the
southerly portion of the Alley, prior to its j ' ~ Edgemoor Street, effectively
; the alley approximately 75 ft. north of Edgemoor Street.
E. Grantor and Grantee are desirous of retaining th
veh. ~ access provided by the Alley and agree that the most
reasonable way to accomplish · the alley, through the Old Poway
Village development, at the southerly most point feasible. Said unimpeded ingress and
egress shall allow for unobstructed Midland A ~ from the alley by
way of (the "Easement"), as more particularly described in the
attached Exhibit "A" and shown in the attached Exhibit "B", for benefit of Grantor,
Grantee and the general public.
NOW, THEREFORE, for valuable consideration, the p
follows:
Grant of Easement. Grantor hereby grants to Grantee, onbehalfofthe generalpublic,
th :l right of way for the purpose of unimpeded and unobstructed access
from Midland Avenue to the Alley, through the parking lot of the Old Poway Village
development for purposes of general ingress and egress, fire control, fire or hazard
supl; ~ any other emergenc~/ gency ' ~in the realm of
responsibilities held by Grantee.
1~ Grantor shall iml;
repair th N olc Z y be kept,
stored, parked or placed on th Iml; t th aall be
per the specie ~ standards acceptable to the City of Poway City Engineer.
3. Modification. Th' ~ aall be binding on and inure to the benefit
of Grantor and Grantee and their respective 1~ ' ~ the general
public. Both Grantor and G /ige that, in the event G /ls to alter
or revise the site plan, and/ plan for the Old Poway Village development,
to insure th aall ~ unimpeded, without unduly burdening
the parcels of Grantor, Grantor and G the following:
ga.
The E y be moved ~, sub~' ~ written
approval by Grantee, /late the sale and/or the develol;
Easement
01.10.01
p. 3
development of Grantor's parcels, so long as any such chant
the Easement shall be subj 3ation of a mutually
acceptab] executed by Grantor and Grantee, and recorded for
benefit of public record, wherein such chang y explained and
delineated by way of exhibit.
Recordation of th' hall not take place until such time as Pacific
causes to be submitted, an application for a building 1; :t and
expand the Centxal Office, or upon th ~ Grantor and
Pacific. In the interim, Ftl~' by and between Grantor and
Grantee shall ' tence of mutual th t conditions
expressed within th' In the event Pacific elects, for wh
not to proceed with its expansion, Pacific shall cause to be prepared, d
mutually acceptable to, and f by, both Grantor and Grantee,
th'
Marl
Executed this c~ ~ ~ ~
day of ~b
GRANTOR, OLD POWAY LLC, a Calif
Liability Company
Signed:
Title: Kevin M
GRANTEE, CITY OF'POWAY
Signed:
Title:
AND SWORN TO
BEF~g ~ ~,?'-/O DAY
~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of ~'~ ~):
On ~,
)ersonally appeared
before me ,..~
person~)',
acted,
OPTIONAL
Description of Attached Document
Title or' ~ ~-~
Signer(s) Other Tha~.~
Capacity(ies) Claimed ~
[] Individual ~ [] Individual
Title(s): ""~Title(s):
[] Partner -- [] Limited [] General [] T~ner-- [] Limited [] General
[] ' ' [] Atto'm~y-in-Fact
[] Trustee .~:,,.~,.,,, [] Trustee~ · .
[] . ~ [] G_ ~ardian o~onservator ~
[] Other. ' ' [] Other: ~ ' '
ATTACHMENT "A"
LEGAL DESCRIPTION FOR
INGRESS/EGRESS EASEMENT
Parcel 1
The North 24 feet of the South 96 feet of Lot 25 in Block 16 in Piermont, in the
City of Poway, County of San Diego, State of California, according to Map
Number 331, filed in the Office of the County Recorder of said County, May 27,
1887.
Parcel2
Those portions of Lots 25 and 26 in Block 18 in Piermont, in the City of Poway,
County of San Diego, State of California, according to Map Number 331, filed in
the Office of the County Recorder of said County, May 27, 1887, described as
follows:
A spandrel shaped parcel bounded southerly by the northerly line of the South 96
feet of said Lot 25, westerly by the westerly line of said Lots 25 and 26 and
northeasterly by a curve concave northeasterly, having a radius of 28 feet, and
which is tangent to the northerly line of said South 96 feet of Lot 25 and to the
westerly line of said Lot 26
Parcel 3
That portion of Lot 25 in Block 16 in Piermont, in the City of Poway, County of
San Diego, State of California, according to Map Number 331, filed in the Office
of the County Recorder of said County, May 27, 1887, described as follows:
A spandrel shaped parcel bounded northerly by the southerly line of the North 24
feet of the South 96 feet of said Lot 25, westerly by the westerly line of said Lot
25, and southeasterly by a curve concave southeasterly, having a radius of 28
feet, and which is tangent to said southerly line of the North 24 feet of the South
96 feet and to said westerly line of Lot 26
David O. Knell PLS 5301 Date II L.S. 5301
Exp. 12-31-03
See sketch on Attachment "B" attached hereto and by th' ~e a part hereof
ATTACHMENT "B"
CITY OF POWAY,
COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA
20'
~J
JVJ~\~
2(=
~]~.~.~_./PARCEL 2
PARCEL 1 ~
~ '~PARCEL 3
20' 24
~ EDGEMOOR
S
TE DEC
J 'VAC2.DGN
,N12445/POI
SKETCH TO ACCOMPANY LEGAL
DESCRIPTION
CERTIFICATE OF
Th' ' =y that the interest in mai property conveyed by the deed or grant dated
2001 from o the City of Poway, a political
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 G Jation thereof by its duly authorized officer.
Dated:
Lori Anne Peoples, City Clerk
Xaccept.cer