Grant Deed 1991-0573294
:~c ~ 1991-057329~
06-~OI~!-1991 08:20 A~
City of poway
P.O. Box 789
poway, CA 92074
) 2143
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CITY OF POWAY
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APN: 275-461-04
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This SDace for Recorder's use
GRANT DEED
(BUS SHELTER)
Palomar Pomerado Health System, a California hospital district,
(hereinafter "Grantor"), hereby grants to the City of poway
(hereinafter "Grantee") its successors or assigns, subject to the
power of termination and restrictions herein, title to that certain
real property in the City of Poway, County of San Diego, state of
California, described on Exhibits A and B, attached hereto and
incorporated herein by this reference ("Property"):
The Property granted hereby is subject to the express condition
that the Property shall be used solely for the purposes of building
and maintaining a bus shelter. In the event the Property is no
longer used for that purpose, or if Grantee fails to comply with
its indemnification and insurance obligations as specified herein,
title thereto and all other interests and privileges granted herein
shall revert to Grantor, its successors or assigns, upon the
exercise of its power of termination by any such party.
The Grantor hereby further grants to Grantee the privilege and
right to extend drainage structures and excavation and embankment
slopes beyond the limits of the Property where required for the
construction and maintenance of said bus shelter, provided that
Grantor's written approval shall first be obtained. Further,
Grantor, its successors and assigns shall have the right to
eliminate such slopes and/or drainage structures or portions
thereof, when approved by Grantee based on the reasonable opinion
of the City Engineer of Grantee that the necessity therefore is
removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing
by said Engineer. Such approval shall not be unreasonably
withheld.
Grantee agrees to indemnify and hold harmless Grantor and its
officers, directors, agents, employees, successors and assigns from
any and all liability, including all damages, claims, causes of
action costs and attorneys' fees which may be incurred by Grantor
arising from the use of the Property by any party whatsoever.
Grant Deed
APN: 275-461-04
Page 2
2144
Grantee's duty of indemnity hereunder shall apply to the full
extent permitted by law, and shall include any and all damages,
claims, causes of action, costs and attorneys' fees incurred by
Grantor in connection with use of the Property as a result of
alleged or actual acts or omissions by Grantee, Grantor (and its
officers, directors, agents and employees) or any third party,
alone or in combination.
Grantee agrees, at all times, at its sole expense, to maintain in
effect personal injury coverage pursuant to an insurance policy or
a self-insurance plan covering the Property. If coverage is
through self-insurance, Grantee agrees that coverage will be
provided by endorsement to its plan, such endorsement acknowledging
and covering the indemnity against liability described above in
connection with use of the Property; provided, however, that in the
event Grantee is unable to obtain coverage to the full extent
provided above, Grantee shall, at a minimum, provide such coverage
for its own acts or omissions and those of its employees and
agents. The aforementioned policy of insurance or endorsement
shall be written in a form satisfactory to Grantor. Grantee agrees
to pay all premiums or otherwise defer all costs for such coverage
and deliver evidence of coverage to Grantor. Grantee agrees that
it will give Grantor 30 days written notice by registered mail
before the policy or other coverage shall be altered or canceled.
GRANTOR
Date: /I-<J-'f(
Palomar pomerado Health System
BY:~
Robert M. Edwards,
Chief Executive Officer
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
On this the ~~ day of ~ ' 1991, before me, the
undersigned Notary Public, in and for said County and state
personally appeared ROBERT M. EDWARDS, proved to me on the basis of
satisfactory evidence to be the Chief Executive Officer of Palomar
Pomerado Health System, a California hospital district, and
acknowledged to me that he x cuted the within instrument.
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Signature 71 t4U. (J.
~p.~~r.,=,. . ;<CIAL SEAL ,
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: "', ","".,h,<,',~,\:!.: NOlid,( "CoLIC. CALIFORNIA
:-\t;l-~:t;.'.',,7. :-~;::GO COUNTY
~.- ~,1y ~.:.:.',:. expires DEe 6, 1991
2145
Grant Deed
APN: 275-461-04
Page 3
GRANTEE
City of poway
Date: c2/I)qj
B
es L. Bowersox,
y Manager
STATE OF CALIFORNIA
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)
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ss.
COUNTY OF SAN DIEGO
On this the /3E day of r.e-bru<",''1'' 1991, before me, the
undersigned Notary Public, in and for said County and State
personally appeared JAMES L. BOWERSOX, proved to me on the basis of
satisfactory evidence to be the City Manager of the City of Poway,
and acknowledged to me that he executed the within instrument.
Signature Cz4 ,-/f:...-..J,_...-
@ OFFIClAI.SEAL
. ,,, CATHY BROKAW
:_. NowrPlIlllaClillrOl,oIa
- 'w &AN IlIEOO COUNTY
.~.. My Ccmm. Exp, May 14, 11193
(CB - C:\WP51\DATA\GDEED1)
2146
This is to certify that the interest in real property conveyed by the deed
or grant dated 1\-'-j-'11 from 9c,lo........... '?tf'n,..w-.d.o ~e.o;,.l'\:I.. S""te..,...
,
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, and the grantee consents to recordation thereof by its duly authorized
offi cer.
I \-S-~ I
By, Yhu k 1\!~
Dated:
/
/.
2147
//
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EXHIBIT A
LEGAL DESCRIPTION
That portion of the land conveyed to the Northern San Diego county
Hospital District by deed recorded March 14, 1974 as file No. 74-
063603 of Official Records in the Office of the County Recorder of
San Diego County, California, said land being a portion of the west
Half of the Southeast Quarter of Secti~n 35, Township 13 South,
Range 2 West, San Bernardino Meridian, lying southerly of the
Northerly line of the southerly 1980.00 feet, as measured along the
East line, of said West Half, described as follows:
commencing at a County of San Diego standard monument in the
centerline of Pomerado Road, said monument being the Southerly
terminus of that certain course shown as "N 01"24'20" E 608.17'"
on map of City of poway Tract No" 4211, San Diego county Map No.
10634;
Thence Northerly along said centerline a distance of 106.01 feet;
Thence Easterly at right angles a distance of 51.00 feet to the
Easterly line of said pomerado Road and the TRUE POINT OF
BEGINNING;
Thence continuing Easterly a distance of 4.00 feet to a line
parallel with and 4.00 feet Easterly, as measured at right angles,
from said Easterly line of pomerado Road;
Thence Northerly along said parallel line a distance of 17.00 feet;
Thence Westerly at right angles a distance of 4.00 feet to said
Easterly line of pomerado Road;
Thence Southerly along said Easterly line a distance of 17.00 feet
to the TRUE POINT OF BEGINNING.
Attached hereto and made a part of this legal description is a plat
designated as Exhibit B.
This legal description and plat were prepared by me or under my
supervision on January 9, 1990.
La.~
Eric A. Nelson I L. S. S15 (,.3
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CITY OF POWA Y
TRACT NO. 4211
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SAN DIEGO COUNTY
. MAP NO. 10634
SCALE: 1"=100'
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I~ FILE NO. 74-063603, OR
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NOTE~
ALL DATA SHOWN HEREON IS DERIVED
FROM RECORD.
I
I DENOTES AREA TO BE ACQUIRED
AREA .. 68 SQ. FT. ~
AP NO. 275-461-04
ISI
CONSULTANTS, INC.
Con...lt...ts to Covemm..tol "gene'"
16880 WEST BERNAROO ORlVE
SAN DIEGO. CAUFORIlIA 02127
(6tO) 451-11100
CITY OF POWAY
POMERADO BUS STOP
RIGHT OF WAY
DATE DRAYtN BY SHEET 1 1
01-09-90 s,K.V. fE
.IN: 03932.01