Grant of Pedestrian Access Easement 2016-0061188I'
n ,
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
APN: 317- 110 -65
DOG# 2016 - 0061188
X11 I I II I III II II II I I I II II III I II
Feb 11, 2016 10:31 AM
OFFICIAL RECORDS
Ernest J Dronenburg. Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES: 6
(This space for Recorder's Use)
GRANT OF PEDESTRIAN ACCESS EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a
Government Agency)
Southern California Conference of the United Church of Christ, (hereinafter GRANTOR), hereby
grants to CITY OF POWAY (hereinafter GRANTEE), its successors, or assigns, the easement
and incidents thereto for a pedestrian access easement upon, over and across that certain real
property in the City of Poway, County of San Diego, State of California, described as follows:
(See attached legal description on Exhibit A, which is made a part hereof,)
(See attached Plat on Exhibit B, which is 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 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 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.
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.
�S
Dated this 2 — day of IFe�6 C%A-o --t-1 2016
Property Owner: Southern California Conference of the United
Church Of Christ
ZI Y: vv�
imothy Joel geipel
Co- chairman of the Board of Trustees
(Notarize)
•
EXHIBIT 'A'
•
LEGAL DESCRIPTION: PEDESTRIAN ACCESS EASEMENT
APN 317 - 110 -65
THE SOUTHERLY 12.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
ALL THAT PORTION OF THE WEST HALF OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER, DISTANT THEREON, SOUTH 88°
58' 55" EAST, 197.68 FEET FROM THE SOUTHWEST CORNER THEREOF,
SAID POINT BIKING ALSO THE SOUTHEAST CORNER OF THE LAND AS
DESCRIBED IN THE DEED TO THE CON 4UNITY CHURCH OF POWAY,
RECORDED MAY 22, 1950 IN BOOK 3628 PAGE 318 OF THE OFFICIAL
RECORDS; THENCE SOUTH 88° 58' 55" EAST ALONG SAID SOUTH LINE,
30.00 FEET; THENCE NORTH 1' 54' EAST PARALLEL WrM AND 30.00 FEET
EASTERLY AT RIGHT ANGLES TO SAID EAST LINE OF SAID COMMUNITY
CHURCH LAND, 63732 FEET TO A POINT OF INTERSECTION WITH THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND
DESCRIBED IN DEED TO MELVIN C. HARPER AND NELLIE B. HARPER,
RECORDED JULY 29, 1957 IN BOOK 6682 PAGE 513 OF OFFICIAL RECORDS;
THENCE NORTH 88° 5S 30" WEST ALONG SAID PROLONGATION, 227.68
FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE SOUTH 1° 54' WEST ALONG SAID WEST
LINE, 63732 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF
THE NORTHEAST QUARTER, 197.68 FEET TO THE TRUE POINT OF
BEGINNING.
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PREPARED BY: n Lu
No. 34161
PURI O L. ROSAL, .E. * 6cp June 2017
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EXMIT 'Bv
PEDESTRIAN ACCESS EASEMENT PLAT
APN 317 - 110 -65 ° 04
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BASIS OF BEARINGS-----,..,. I h�� ��S\MO L E
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RANGE 2 WEST z N .34161
SAN BERNADINO MERIDIAN
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SCALE : 1" = 100 FT ( �o�
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� THIS DRAWING BASED ON
BOUNDARY SURVEY BY 1 OF 1
J &B ENGINEERS /SURVEYORS 1 1
POWAY, CA 412912014
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of !Sa ti
On -Ve..bcU4rv, 2 , i p j b before me, (y r0C) c2 ffirLQ c 17 C,
Date Here Insert Name and Title of the C#icer
personally appeared -Ti oNnN-!% &-A S02 I Se
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
lieMOMCA I. MARMEI
COnMNssion • 2115964
WW C� a Signature
Caron twit! 2019+ Signature of Notary btic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — - Limited General
❑ Individual Attorney in Fact
❑ Trustee Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — - Limited General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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CERTIFICATE OF ACCEPTANCE
(Grant of Pedestrian Access Easement)
This is to certify that the interest in real property located at APN 317 - 110 -65 in the City of
Poway conveyed by the Grant of Pedestrian Access Easement described in the attached
document dated: February 2, 2016, from Southern California Conference of the United
Church of Christ to the City of Poway, 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: 11A �, 2 OIL CITY OF POWAY
By: 4 .
Poway City Clerk (n rinry