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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) '(s) dedare([~ () () ( ) (x) City of ( ) Re~ty not ~.~ . ,~ 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