Irrevocable Offer of Dedication and Agreement for Public Trail Easement 2006-0665985
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RECORDED REQUEST OF. [~# ;2006-06659S5
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First American Title 111111111111 111111111111111111111111111111 11/111111111111111111111 1111
SUBDIVISION MAPPING DEPT
RECORDING'REQUESTED BY )F3 SEP 19, 2006 2:30 PM i
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CITY OF'POWAY ~~p OFFILlAL F:EI-:CiR[I':.
) , '-,,'-'.N [llu;n 1-,ljll['jT'1 HECCi8[IER"':: 11FFICE
AND'WI:JEN RECORDED MAIL TO )NF GRECiUF:'1 ,I ':;~','lITH I DUr'iT'1 RECOFi[IER
) FEE'; O,tIO
CITY CLERK ) F::':',I:.lEc,. E,
CITY OF POWAY ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~B~W"IIIIIIIIIIIIII1111
POBOX 789 )
POWAY, CA 92074 ) 2006-066
10885) ,
) (This' space for Recorder's use only)
APN: 278=240-36
IRRREVOCABLE OFFER OF IDEDICATION AND
AGREEMENT FOR PUBLIC TRAIL EASEMENT
(No Documentary Transfer pax Due)
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10886
Irrevocable Offer of Dedication and
Aqreement for Public Trail Easement
THIS AGREEMENT is made and entered into this / '!I Ii day of (/LJjV.f/ ,2006,
by and between the City of Poway (hereinafter referred to as "CITY") and Brian K.
Fitzmaurice, Poway residents (hereinafter referred to as 'GRANTORS")
WITNESSETH THAT
WHEREAS, CITY has determined that the public interest and necessity require the
acquisition of certain real property for a public access trail easement, owned by GRANTORS,
and
WHEREAS, GRANTORS are the owners of record of those lands within the City of
Poway, identified as Assessor's Parcel Number (APN) 278-240-36, and
WHEREAS, GRANTORS by offer to dedicate, desire to grant to CITY the easement
rights and interests associated with the parcel described herein, at no cost to the CITY, and
WHEREAS, CITY desires to complete the acquisition of said real property in a manner
that will be the most compatible with the greatest public good;
NOW, THEREFORE, the parties hereto mutually agree as follows.
I
GRANTOR hereby covenants and agrees as follows.
A. GRANT OF EASEMENT for recreation trail, dated .::ftt N tZ /L/~ , '2a:J Ca,
conveying to the CITY the easement legally described in Exhibit "A," attached hereto
and by reference incorporated herein and made a part hereof, and as more particularly
shown as APN No 278-240-36 on a map designated as Exhibit "B," attached hereto
and by reference incorporated herein and made a part hereof, has been delivered by
GRANTOR to the CITY --
B GRANTORS warrant that the persons subscribing hereunder and in all documents
listed herein have the power and authority to bind said party, his or her heirs, assigns,
personal representatives, or other successors in interest, the singular shall include the
plural, the masculine shall include the feminine, and vice versa, as used herein.
II
The CITY will:
A. Agree to defend, indemnify and hold GRANTORS harmless from and against any and
all claims, costs, expenses, suits, damages, or liabilities arising out of or in any way
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10887
connected with the use of the easement by the CITY or any of its officers, agents,
invitees, or the general public.
B The CITY shall construct a recreation trail within the easement at its sole cost and
expense, and utilize said recreational trail for the purposes and to the extent
contemplated in the "Trail Standards" heretofore published by the CITY
C Perform regular maintenance with a high degree of workmanship of said trail and
appurtenances, keeping them free of hazards
0 Construct a five-foot chain link fence along the north boundary of the easement to
include a five-foot access gate
III
THIS AGREEMENT may be executed in counterparts, each of which so executed
shall, irrespective of the date of execution and delivery, be deemed as original, and all such
counterparts together shall constitute one and the same instrument.
A. All covenants in this AGREEMENT shall pertain to and run with the described real
property, and this AGREEMENT shall apply to, bind, and inure to the successors in
interest of the respective parties.
B The City of Poway shall incur no liability with respect to this offer of dedication and
shall not assume any responsibility for the offered property or any improvements to the
property until this offer has been accepted by appropriate action of the City Council.
C Time is of the essence for this AGREEMENT, and each party shall promptly execute
all documents necessary to effectuate the intent herein and shall perform in strict
accordance with each of the provisions herein.
0 The AGREEMENT contains the entire agreement b_etweeQ the parties, and neither
p-arty relies on any warranty, promise or representation not contained in writing
herein.
GRANTORS CITY
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~i!~dd$ Michael P Cafag
City of Poway
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
'X"..e<"~~.....e<'..Q('~..c<'-...GC..m"'~.R"~.ec.e<'....oc.6(.>.C5(.'.cc..c<"~~~v&'>~~~~~~
State of California } ss.
Sun ----
County of rni !flU C;c 0
On ~\m(? IlJ.2U00, before me,
J Dale r 6no. VI K Name and Tille 01 Officer .g.,' a e Doe, Notary Public")
personally appeared IE' 'tlrl 'F I -h::. rY\U U V'I Lf_
Name{s) of Signer(s)
o personally known to me
~ved to me on the basis of satisfactory evidence
to be the person(s'l whose name(llj is/~subscribed
to the within instrument and acknowledged to me that
he/sh 8.'IRCY executed the same in his/heffttreir
~ ~. - - - :i,,~~~~3 - ~ authorized, capacity(ies), and that by his/h9f'AAeir
signature(al on the instrument the person(aj, or the
entity upon behalf of which the person(sj acted,
~. Notary Public . CaDlomIa ~ executed the instrument.
SOn Francisco County -
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WITNESS
Place Nolary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Doc~nt ~ of- p((~
litle or Type of Document: semI" - ,
Document Dale: \]11 (\9 Il! , '2C5Dfo Number of Pages: 4-
Signer(s) Other Than Named Above: () ()y\ .e.
Capacity(ies) ~imed ~ Signer(s) . Signer's Name:
Signer's Name: '1'101'1, 'l'l-~ l,r~\'Y'(ULYICQ.
..P- Individual o Individual
o Corporate Officer - litle(s): o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General RIGtfTTHUM8PRlNT
o Attorney in Fact o Attorney in Fact OF SIGNER
I, Top of thumb,here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
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@2004 National Notary Association. 9350 De Solo A'/e" P.O, Box 2402. Chatsworth, CA 91313-2402 Item No_ 5907 Reorder. Gail Toll-Free '.800-876-6827
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10889
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHERLY 1000 FEET OF THE NORTHERLY 15 00 FEET OF PARCEL 2
OF PARCEL MAP NO 19055, IN THE CITY OF POWA Y, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 9,2002 AS FILE NO
2002-0765981 OF OFFICIAL RECORDS.
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EXHIBIT B . SHEET 1 OF 1 G
. "" elTY OF POWAY
DEDICATION PLAT
10890
CITY OF POWA Y PM 05-01
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SURVEYOR: ERB ENGINEERING, INC.
PLAT PREPARED BY:
12320 STOWE DRIVE. STE. E. POWAY. CA. JAMES O. NOWLAN
PHONE NO. (858)748-2130 PHONE NO. (858) 748-2130 L.S. NO. 4620