Grant of Easement for Public Right-of-Way and Agreement 2007-0302987
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I DOC# 2007-0302987
RECORDING REQUESTED BY 1 ill 111111111111 IIlli 111111111111111111111111111111111111111111111111
CITY OF POWAY f(P MAY 03 2007 1104 AM
Exempt,from Recording'Fees l'0p OFFII:L.....L RECOF:[I'
(Government Code section 27383) ),L:.jj lJIE:_~11 UJur'j 1'1 ~:t(OF:[:EF:'~ IIFFICE
1.1F:EGIIF: I I ::t,11 fH 1"'OUr') r 1 F:[UJI~LIEF,
Nf , Ffto, D I-ID
WHEN RECORDED MAIL TO' ell 110
N,n F'l.'.riE':, L:
CITY CLERK IIIII!I 11111111111111111111 111111111111111 111111111111111111 11II1I1II111111I1111
CITY OF POWAY I COy)
POBOX 789
\ POWAY, CA 92074-0789
APN Na, 314-220-39, 40, 41 SPACE ABOVE THIS'L1NE FOR RECORDER'S USE
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GRANT OF EASEMENT FOR PUBLIC RIGHT OF WAY AND AGREEMENT
NO DOCUMENT TRANSFER TAX DUE
This Grant of Easement and Agreement ("Grant and Agreement") is
entered into on February,JO, 2007, by and between Old Poway, LLC, a California
limited liability company, hereinafter referred to as "Grantor" and the City of
Poway, a municipal corporation, hereinafter referred to as "Grantee", with
reference to the following facts and truth and accuracy of which are
acknowledged by Grantor and Grantee.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property in
the County of San Diego, State of California, with the street address of 14031
Midland Road, and Assessor's Parcel Numbers of 314"220-39,314-220-40,314"
220-41, and more particuiarly described in Exhibit "A" attached hereto and
incorporated by reference (hereinafter referred to as the "Subject Property" or
"Servient Tenement"),
B. Grantee desires to acquire an easement over and under that
certain portion of the Subject Property described in Exhibit "A" attached hereto,
as a part of the Midland Road Street Widening Project (the "Project"), for public
right of way purposes as specified in this Grant and Agreement, and on such
terms and conaitions as are set forth in this Grant and Agreement.
C, Grantor is willing to grant Grantee an easement over that certain
portion of the Subject Property describea in Exhipit'''A'' attached, for the purposes
specified in this Grant and Agreement, subject to all of the terms and conditions
of this Grant and Agreement.
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Now, therefore, in consideration of the prolDises contained in this Grant
and Agreeme(1t, and other good and valuable consideration, Grantor and
Grantee agree as follows:
Grant of Easement
1 Subject to all of the terms and conditions of this Grant and
Agreement, including this paragraph 1, Grantor grants to Grantee an easement
upon, over and across that portion of the Subject Property described in Exhibit
"A" attached hereto and .incorporated by reference, and that is depicted for
illustration purposes only on Exhibit "B" attached hereto (the "Easement"), The
Easement is an easement fora right of way and incidents thereto for public street
purposes, in conjunctioQ with the Project. Grantor further grants to Grantee all
trees, growths and other materials within said Easement, together with the right
to remove or use the same in such a manner as the Grantee may deem proper,
needful or necessary 'in construction, reconstruction, improvement or
maintenance of said public street. The Easement is to be used solely for the
purposes set forth in this Grant and Agreement.
Consideration
2, As partial compensation for the Grant of Easement described in
paragraph 1, Grantee shall construct the patio and related improvements on the
Grantor's property according to sheet C-6 and C-15 from those certain plans for
the improvements to Midland Road dated December 14, 2006 ("Patio
Improvements"), attached hereto as Exhibit "C" The Patio Improvements shall
be completed by Grantee no later than November 1, 2007 The remaining
compensation shall consist of Grantee's execution of that certain Replacement
Parking Agreement between the parties hereto dated February .;0, 2007,
concurrently herewith,
Term of Easement
3 The term of the Easement granted by this Grant and Agreement
shall be for as long as the Easement is used for the purposes provided in
Paragraph 1 above. If the Easement ceases to be used for the purposes
provided in Paragraph 1 above, the Easement shall terminate, and if requested
by Grantor, Grantee shall execute any and all documents as reasonably
requested by Grantor to evidence such termination, including without limitation, a
quitclaim deed
Agreement Nonassignable
4 This Grant and Agreement and any license, interest, rights, or
benefits granted or provided for by this Grant and Agreement shall not be
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,assigned by Grantee; Any purported assignment by Grantee of this Grant and
Agreement, or any license, interest, rights, or benefits provided for by this Grant
and Agreement, shall be void and of no effect.
Maintenance, Costs and Expenses
5, Grantee shall repair and maintain the Easement together with any
improvements constructed or installed thereon by Grantee or associated with
Grantee's use of the Easement. The operation, maintenance and repair of such
improvements and of the Easement shall be at Grantee:s sole cost and expense,
Grantee shall comply with all applicable laws, ordinances and regulations,
including but not limited to all applicable regulatory,ehvironmental and safety
requirements at Grantee's sole cost and expense, Additionally, the Subject
Property and any improvements thereto which are damaged or altered as a result
of the installation, operation, maintenance, repair or replacement of the Project
shall be properly and immediately restored by the Grantee at its sole cost and
expense and to the reasonable satisfaction of Grantor, as soon as reasonably
possible, but not later than 30 days after (i) completion of the Project and (ii) the
completion of any rnaintenance or repairs of the Project or the Easement by
Grantee pursuant to this Paragraph 5. If Grantee does not complete such
restoration within 30 days, Grantor may complete such restoration and Grantee
shall reimburse Grantor within 10 days for all costs and expenses associated
with such restoration,
Severance Damages
6, Grantor for himself, his successors and assigns, hereby waives any
claim for any and all severance damages to Grantor's remaining property
contiguous to the Easement hereby conveyed by reason of the location,
construction, landscaping and maintenance of said Easement.
Indemnification
7 Grantee shall defend, indemnify and hold Grantor and its
successors and assigns, and any person holding any interest in the Servient
Tenement, or any lot or parcel of the Servient Tenement, and their property, free
and harmless from any and all claims, suits, losses, damages, injuries, and
liabilities of ahy kind, including without limitation attorney's fees and expenses,
and whether for personal injury or property damage, resulting from, arising out of,
or attribl:Jtable to, in whole or in part, any construction, reconstruction,
replacement, maintenance, repair, restoration, or other work undertaken by
Grantee, or its agents, officials, employees or contractors, or arising out of or
relating to this Grant and Agreement, the Patio Improvements or the use by
Grantee of the Easement. The indemnities and assumptions shall continue in full
force and effect notwithstanding the termination of this Grant and Agreement.
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Liens
8, Grantee shall give notice prior to .any construction or furnishing of
supplies in connection with the Easement, the Project and the Patio
Improvements to all contractors, subcontractors and materialmen as to the non-
responsibility of Grantor in connection therewith. Grantee shall given written
notice to Grantor of this intent sufficient to enable Grantor to post notices, of non-
responsibility on the property Grantee will not ditec;tly or indirectly create, or
permit to be created or remain, and will discharge promptly any lien encumbrance
or charge upon the propertyorany part thereof arising,out of or in connection with
the Project and the Easement. Grantee shall at all times indemnify and hold
Grantor harmless against all liability for claims or liens for labor performed and
materials used, or to be used, in connection with the Project, the Easement and
the Patio Improvements.
Time of the Essence
9, Time is of the essence in this Grant and Agreement.
Attorney's Fees
10 If any legal ,action or proceeding arising out of or relating to this
Grant and Agreement is brought by Grantor or its successors or assigns, or
Grantee, the prevailing party shall be entitled to receive from the other party, in
addition to any other relief that may be granted, the .reasonable attorney's fees;
costs, and expenses incurred in the action or proceeding by the prevailing party
Entire Agreement
11 This Grant and Agreement constitutes the entire agreement
between Grantor and Grantee relating to the above Easement. Any prior
agreements, promises, negotiations, or representations not expressly set forth in
this Grant and Agreement are of no force and effect. Any amendment to this
Grant and Agreement shall be of no force and effect unless it is in writing and
signed by Grantor and Grantee,
Binding Effect
12, This Grant and Agreement shall be binding on and shall 'inure to the
bene~t ofthe heirs, executors, administrators, suc<::e~sors and assigns of Grantor
and Grantee except as otherwise provided in this Grantand Agreement.
Severability
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13 This Grant and Agreement shall be governed by the laws of the
State of California, Venue in any action related to this Agreement'shall be in the
Superior Court of the State of California, County of San Diego In'the event that
any of the provisions oUhis Grant and Agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, the validity, and enforceability of
the remaining provisions shall not be affected thereby
Governing Law
14 This Grant and Agreement shall be governed by the laws 'of the
State of California.
Executed on ~)[) ,2007
GRANTOR
OLD POWAY, LLC
By l~ fr.'IJt~
KEVIN MCNAMARA, MANAGER
GRANTEE
CITY OF POWAY
B~- =- J---,
Rod Gould, City Manager
(Signatures must be notarized)
Exhibit A. Legal Description
Exhibit B. Map of Subject Property/Right of Way Easement
Exhibit C' Patio Improvements
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G:\Wp\6712\010\Dacs\Easement far ROW (Midland)2-021407.dac
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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"~ San DIego County ~ acknowledged to me tha~hey executed ~
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CALIFORNIA ALL-PURPOSE ACKIIl.oWLEDGMENT
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1tl1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chalsworth, CA 91313.2402' www.nalionalnolery.orgProd.No 5907 Reorder: Call Toll-Free 1-800.876.6827
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CERTIFICATE OF ACCEPTANCE
This is to certify tharthe interest in real property conveyed by the deed or grant
dated: February 20, 2007 from Old Poway, LLC, Grantor to the City of Poway, Grantee,
a political corporation andlor 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 officer
Dated: April 27, 2007 CITY OF POWA Y
Seal: JA)/11J'li {JDu~ vJc
Sherrie D Worrell, Deputy City lerk
Dec, 04 OSI 1',: 38a ER MAIGEMENT, INC 858-5'-4999 p.S
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/ LEGAL DESCRIPTION
FOR
.~" STREET RIGHT OFW A Y EASE~NT
PARCEL 1.
BEING THAT PORTION OF LOIS r. 2, AND 3 IN BLOCK 17 OF'PIERMONT, IN THE CITY OF
POW A y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO, 331, FJ.I,.ED IN THE OFFlqE OF ,THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
MAY 27, 1887, DESC;RIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT I OF SAID BLOCK 17; THENCE
ALONG THE NORTHERLY LINE,.OF LOT 1 OF SAID BLbcK, ,SOUTH 89021'30" EAST 22,19
FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN, PUBr.IC ROAD EASEMENT
CONVEYED TO THE COUNTY OF SAN DIEGO JANUARY ,26, 1966 ,AS FILE NO, 15067,
OFFICIAL RECORDS OF SAID 90UNTY. SAID POINT BEING THE CUSP OF A CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE
SOUTHWESTERLY 31.11 FEET ALONG SAID CURVE AND EASl:ThffiNT LINE THROUGH A
CENTRAL ANGLE OF 37'32'43" TO THE TRUE POINT OF BEGINNING: A RADIi\L LINE
THROUGH SAID TRUE POINT OF BEGINNING BEARS N0RTH 36'54'13" WEST; THENCE
CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND JiHE N0RTHEASTERr.. Y AND
EASTERLY LINE OFSAIDEASEMEN'r' 18.50 FEET THROUGHAcENTRAL ANGLE OF52:S9'08
TOA LINETHAT IS PARALLELAND,DISTANT 2:00 EASTERLY FRPM THE WESTERLY LINE
OF SAID LOTS 1,2, AND 3, SAlDLiNEALSO BEING THE EASTERLY LINE OF SAID COUNTY
OF SAN DIEGO ROAD EASEMENT,'IJlENCE ALONG SAID PARALLEL LINE SOuTH 00'06'39"
WEST 122A5 FEET, THENCE LEAVING SAID PARALLEL LINE, NORTH 02'43'22" EAST 56,74
FEET, THENCE NORTH 01'52'18" EAST 16.44 FEET; THENCE SOUTH 89'48'42" EAST 3.92
FEET; THENCE NORTH 00'39'42"WEST 40.10 FEET, THENCE NORTH 89'48'42" WEST 2.15
FEET, THENCE NORTH 01'52'18" EAST 18.31 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10.00 FEET, THENCE
NORTHEASTERLY 776' FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
44 '26' 17" TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 477 SQUARE FEET, MORE OR LESS.
PARCEL 2:
BEINGTHAT PORTION OF LOTS I, 2 AND 3IN BLOCK 17 OF PIES:MONT, INTHE CITY OF
POWAY, eOUNTY OF SAN DlEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 331, FILED IN THE OFFIc::E OF THE 'COUNTY RECORDER OF SAN DlEGO COUNTY ON
MAY 27, 1887, DESCRIBED AS FOLLOWS.
COMMENCING .AT THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK 17; THENCE
ALONG THE EASTERLY LINE OF SAID LOTS I, 2, AND 3, SOUTH 00'06'03" WEST 10476
FEET, THENCE LEAVING SAID EASTERLY LINE, NORTH 02'37'30" WEST 21.08 FEET,
THENCE SOUTH,87'22:30".WEST2;Q0 FEET TO A LINE THAT IS PARALLEL WITH AND
DISTANT 3,00 FEET WSTEREY FROM THE EASTERLY LINE OF SAID LOTS 1, AND 2;
THENCE ALONG SAID PARALLJ;!.. LINE, NORTH 00'06'03" EAST 81.70 FEET TO TIffi
BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 10.00 FEET,
Page 1 of2
R1SURVEYs/ ANNAlSANDlEGOIPOW A YIMlDLANDI APN 341-220'39.40,41
Revised 9/5106
8/16/08 EXHIBIT A
- _ _. c~_._ ER MANAGEMENT, 1NC 0858-5.-4999 /",7
:o;.;~ u,.' :uo. .~ 'J.~: ~tsa .
""
'THENCE NORT!lliRLY 2,15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
P"cI8:04" TO A POINT GNTHE NORTHERLY LINE OF SAID LOT 1. SAID POINT BEING
DISTANT NORTH89'21 '30"'WES'T3,23 FEET FROM THE NOR''rHEAST CORNER OF SAID LOT,
THENCE ALONG;~AlD NOR,THERLY LINE, SOUTH 89'21' 30" EAST 3,23 FEET TO THE POINT
OF COMMEN(::EMENT
CONT AINING'AN AREA OF2t;)2 SQUARE FEET, MORE OR LESS,
PARCEL 3:
BEING THAT PORTION OF LOTS 4, 5, 6, 7 AND 8 IN BLOCK 17 OF PIERMONT, IN THE CITY
OF PO WAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO' MAP
THEREOF NO, 331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON MAY 27,1887, DESCR-IDED AS FOLLOWS,
COMMBNQING AT THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK, THENCE ALONG
THE SOUTHERLY LINE OF SAID LOT, NORTH 89"16'29" WEST 46,28 FEET, THENCE
LEAVING SAID SOUTHERLY LINE,r..ORTH 00'43'31" EAST 3,60 FEET TO A LlNE THAT IS
PARALLEL WITH AND DISTANT 3.00 FEET NORTHERLY FROM THE SOUTHERLY ,LI:!\'E OF
SAID LOT; THENCE ALONG SAID PARALLEL LINE, SOUTH 89"16'29" EAST 37.59 FEET,
THENCE LEAVING SAID PARALLEL LINE, NORTH 37'06'55" EAST 6,53 FEET, THENCE
NORTH 00"10'00" EAST 6.00 FEE,!\ THENCE SOUTH 89'53'57" EAST 0.22 ~ET TO A LINE
THAT IS PARALLEL WITH ANDDISTANT4,50 FEET WESTERLY FROM THE EASTERLY LINE
OF SAID LOTS 4, 5, 6, 7 AND 8, TfffiNCE ALONG SAID PARALLEL LINE NORTH 00"06'03"
EAST 294,05 FEET, THENCE SOUTH 89"53'54" EAST 2,43 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 52.50
FEllT, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 72"24'57" WEST; THENCE
NORTHEASTERLY 4 19 FEET. ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 4'34'
15" TO THE BEGINNING OF A REvERSE CURVE CONCAVE NORTHWESTERLY AND
HAYING A RADIUS OF 29.50 FEET; A RADIAL LINE T!IROUGH SAID BEGINNING OF
REVERSE CURVE BEARS SOUT:H67"50'42" EAST; THENCE NORTHERLY,l.91 FEET ALONG
- .
SAID CURVE THROUGH A CENTRAL ANGLE OF 3'42'16" TO A POINT ON THE EASTERLY
LINE OF SAID LOT 4; SAID POINtr BEING DISTANT NORTH 00"06'03" EAST 314;08 FEET
FROM THE SOUTHEAST CORNER OFSAID LOT 8, TIIBNCEALONG THE EASTERLY LINE OF
SAID LOTS 4, 5, 6 , 7 AND 8, SOUTH 00'06'03" WEST 314.08 FEET TO THE POJNTOF
COMMENCEMENT
CONTAINING AN AREA OF 1,532 SQUARE FEET, MORE OR LESS.
PREPARED BY ME OR UNDER MY SUPERVISION'
lJ ~
ANNA M, BEAL, p.Ls. 4955
EXPIREs 12131/07
Page 2 of2
R1SURVEYSI ANNNSANDlEGOIPOW A Y/MIDLANP/ APN 341 -220.39,40,41
Revised 9/5106
8/16/08
Ded O~ 0&'II,a8a ER MAWEMENT, I NC 858-5114999 1",8
.' EXHIBIT "B"" ,.
RIGHT OF WAY EASEMENT
NB9'21'JO"W 219,04'
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, ~ , L=18.50'
l:g N89'21'30'W' 169,94" PeL. ,c,.=44'2S:17"
, , @M~
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rI PARCEL 1 in, <D R=20.00'
'N89'4~'42'W PARCEL 2 , L=31.60"
I 3,92 " I 2'43"
, NI'52'18"E" ,,c,.:373 ,
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sg , EASEMENT FOR PUBLIC R,*, PURPOSES !
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~' LEGEND
Cl DENOTES LOCATION OF PROPOSED
.Nll.U; RIGHT OF WAY EASEMENT TO BE
ACQUIRED BY THE CTlY OF POWAY.
Zool EAST FIRST SlREIT BEARINGS AND 'DISTANCES SHOWN AREA PARCEL 1. 477 SQ, FT..:t
,SANTA ANA, CA. 92705 HREON ARE B~EO'UPON RECORD
(71 ~) 55&-7300 DATA. AREA PARCEL 2: 262 SQ. FT.:f: SHEET 1 OF 2 SHEETS
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EXHIBIT "B"
RIGHT OF WAY EASEMENT
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(j I-----u-n"',t,,\'-----, _ I EASEMENT TO COUNTY OF SAN DIEGO
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15067, O,R,
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RICIfT OF WAY EASEMENT TO BE
JiQ'IE; ACQUIRED frr THE CITY OF POWAY,
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2001EA5T FIRST STREET BEARINGSANO OISTANCES SHOWN AREA PARCEL 3: 1,532 SQ. FTet
SANTA ANA, CA. 92705 HREON ARE BASED UPON RECORD
(714) 588-7300 DATA. SHEET 2 OF 2 SHEETS
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EXHIBIT C