Irrevocable Offer of Dedication and Agreement for Public Parking Lot Easement - Iron Mountain 2006-0560197
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~. 5730
AUG 08 2006 11 18 AM
0If RECORDING REQUESTED BY ) uf-"FIClL:.,L f~:i:CCJRLI' I
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WHEN RECORDED MAIL TO' )
) 2006-056()197
CITY CLERK )
CITY OFPOWAY )
POBOX 789 )
POWAYCA 92074 )
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) (This space for Recorder's Use Only)
APN 322-011-05 and 06
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IRREVOCABLE OFFER OF DEDICATION AND
AGREEMENT FOR PUBLIC PARKING LOT EASEMENT -IRON MOUNTAIN
(No documentary transfer tax due)
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. I . CITY O.OWAY DOCUMENT
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Irrevocable Offer of Dedication and 5731
Aqreement for Public Parkinq Lot Easement
THIS AGREEMENT is made and entered into this \'t day of \~I.o ,2005,
by and between the City of Poway (hereinafter referred to as "CITY") and Poway Iron 1--1.--1,
Mountain Estates, LLC (hereinafter referred to as 'GRANTOR").
WITNESSETH THAT
WHEREAS, CITY has determined that the public interest and necessity require the
acquisition of certain real property for a Public Parking Lot Easement, owned by GRANTOR,
and
WHEREAS, GRANTOR is the owner of record of those lands within the CITY,
identified as Assessor's Parcel Number (APN) 322-011-06,and
WHEREAS, GRANTOR,formerly known as PowayDevelopment Co Ltd., has granted
to CITY two easements for trail purposes as described by that easement dated June 20,
1990, recorded August 3, 1990, as Document No 90-426720 in the Office of the County
, Recorder;ilnd the seco,nd easement dated May 18, 1992, recorded May 26, 1992, as
DocUrll'er:H No 92"03,17280 in the Office of the County Recorder, which encumber the real
property owned by'GRANTOR.referenced as APN 322,011-05 andAPN 322,011-06, and
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WHEREAS, GRANTOR by offer to dedicate, desires to/grant to CITY certain additional
easement rights arid interests associaied with a portion of the abQve parcel describ~d herein,
at no cost to the CITY, and
WHEREAS, CITY desires to complete the acquisition 6f,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.
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GRANTOR hereby covenants and agrees as follows.
A. GRANT OF EASEMEN~~ for Public Parking Lot Easement, dated
''r,,'v> i '\ , 2006, 0 veying \9 the CITY the easement legally desyribed in
Exhib.it "A," attached, hereto and by reference incorporated herein and made a part
heh3of, and as more pa'rticularly shown on a map designated as Exhibit "8 " attached
hereto and by reference incorporated herein and made a part hereof, has been
delivered by GRANT?R to the CITY.
B GRANTOR warrants that the person~ .subs.c.r!bing hereunder and in all documents
listed her(:in have the power and authorlty'to bind' said party, his or her heirs, assigns,
personal representatives, or other successors in i[1terest, the singular shall include the
plural, the masculine shall include the feminine, and vice versa, as used herein.
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C CITY'S OBLIGATIONS
1) Interim Parking Lot:
a. The CITY shall agree to defend, indemnify and hold GRANTOR
harmless 'from and against any and all claims, costs, expenses, suits, damages,
or liabilities arising out of or in any way 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 prepare the easement documents for the approval of the
GRANTOR.
c. The CITY shall construct an interim Public Parking Lot and portable
restrooms within the easement at its sole cost and expense, and utilize said
Public Parking Lotf6r the purposes of public vehicle parking, and trail access.
d The CITY shall post the interim parking lot with signs stating that no
overnight use or camping is permitted, 'and will enforce the CITY's ordiriances
on the lot.
e The CITY shall include the area of interim parking lot if it becomes the
, area of the Permanent Parking Lot, or the area of permanent parking lot if other
than the site of the interim parking lot, in any calculation of the slope area for
the purposes of calculating allowable density for any future subdivision of APN
322-011-06
f The CITY shall design and modify the traffic signal and intersection at
Poway Road and HWY 67 to allow access to the parking lot and access to
Parcel 322-011-06
g. The CITY shall perform regular maintenance of said P~blic Parking Lot
and appurtenances including portable restrooms, keeping them free of hazards.
h The CITY shall construct a four-foot wire strand fence along the
boundaries of the easement, to include an access gate
i. The CITY shall allow access across the easement to the GRANTOR, to
access parcel 322-011-06 This easement is nonexclusive GRANTOR shall
be permitted, at its expense, to install underground utilities to the serve APN
322-011-06, upon approval ,by CITY of a construction plan to include notice and
appropriate traffic control measures.
j. The CITY shall construct. and install a sign, subject to reasonable
approval by GRANTOR in the,trails and parking lotacknowledging the donation
of the easement for the parking lot by poway Iron Mountain Estates, LLC
k The CITY shall be responsible to attain all environmental permits
required for the construction of the interim pa'rking lot
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I The CITY will not be required ,to install landscaping of the interim parking
lot.
m There will be no utilities required for the interim parking lot with the
exception of light's to be installed on the traffic signal equipment.
2) Permanent Parking Lot:
a The location of the easement and interim public parking lot and other
improvements may be modified by mutual written agreement of both parties, to
be compatible with future development of parcel 322-011-06
b GRANTOR agrees that the permanent public parking area shall be
located within 500 feet of its current location measured from outside edge oHhe
existing lot' to outside edge .of the new location. The new lot will be sized to
accommodate parking for 80 vehicles (per CITY parking lot specification), and
allow for passenger bus access through the parking lot. The parcel is to be no
smaller than three acres and no larger than five acres in size
c. If changes are required to transform the Interim Parking Lot to the
Permanent Parking Lot, the CITY shall be responsible, at its sole cost and
expense, for the relocation of the restrooms, construction of any and all
permanent.parking lot facilities and equipment including parking lot lighting, and
installation ot-a four-footwire fence around the easement.
0 GRANTOR'S OBLIGATIONS
1) Interim Parking Lot:
a. The GRANTOR shall approve and sign prepared easement documents
from the CITY
2) Permanent Parking Lot:
a. The GRANTOR shall be responsible for providing a 27-foot paved
access and utilities conduit from Poway Road to the parking lot per Poway
Road standards.
b The GRANTOR shall provide a graded pad and any drainage and soil
retention improvements if required:
c. The GRANTOR shall be re!>ponsible for providing all screening of the
easement (berms and landscaping).
d The GRANTOR, as part of any future subdivision of Parcel 322-011-06,
shall dedicate as a lettered lot and in fee title to the City of Poway, the
designated permanent parking lot parcel and a 20-foot recreational trail
easement to connect the staging area to Iron Mountain Trail.
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e The GRANTOR shall be responsible for obtaining all environmental
permits related to the construction of the permanent parking lot.
f The GRANTOR shall provide water to the site only if a "common well" is
constructed for future development. The CITY shCil1 pay a prorated share for
the water use and maintenance of the equipment.
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THIS AGREEMENT maybe executed in counterparts, eacti of which so executed
shall, irrespective of the date of execution arid delivery, be deemed as original, and all such
counterparts to!:jether shall constitute one and the same'instrument.
A. All covenants in this AGREEMENT shall pertain to and run with the described real I
property, and this AGREEMENT shall apply to, birid; and inure to the successors in i
interest of the respective parties.
, B The CITY 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 acc~pted by appropriate action of the CITY Council I
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C Time is of the essence for this AGREEMENT, and each party shall promptly execute i
all documents necessary to effectuate the intent herein and shall perform in strict
accordance with each ohh~ provisions herein. I
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D The AGREEMENT contain::; the entire agreement b'etween the parties, and neither
party relies on any warranty, promise or representation not contained' in writing herein. I
E, TRAIL EASEMENTS ,
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1) Concurrent with the: Grant of Easement referenced in Paragraph A of this ,
Agreement, the GRANTOR and the CITY shall execute a modification of the existing I
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trail easements described a,bove to reflect the as-built trail. ,I
2) CITY shall quitclaim to the .GRANTOR any area within the existing easements 'I
which are noLincluded in th'e existing .trail releasing and extinguishing the existing trail I
easements beyond the area io be, described in Paragraph E 1), above. I
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GRANTORS
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p\c.,""".n If>,.e\N'~l'r I
ManagingMember Mindy Lin ,Sun Mictiael P
Poway Iron Mountain Estates, LLC :i
Formerly known as Poway Development Company I
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CALlFORNIA.ALL.PURPOSE ACKNOWLEDGMENT NO. 5907
State of ( !lLlFo((N(!I 5735
County of flL/!.Mt/J1i
On 1~(l.d"7 of r-b. t."& before me, CliIlRL[5 [) [)CI...//TT .Ndr;J.Rr /'",B(((
( DATE .
NAME, TITLE OF OFFICER E.G.. JANE DOE, NOTARY PUBLIC"
personally appeared NINO Y LII'! S'iAl'/
NAME{S) OF SIGNEA(S)
o personally known to me . OR . G-p'roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
i CHARLES D., DEwiTt ~ the same in hts/ her / t.fte+r authorized
@ Commlssion#'1451.24Q. 2 capacity(ie-s-), and that by R-i s/h e r /tft€.i r
~ >... . Notary Public' -, c.ohfornlo ~ signature(,;) on the instrument the person(,s),
~' ,.~, Aiomeda County ?~
. ..., MyComm.ExpiresNov18,200? or the entity upon behalf of which the
person(s') acted, executed the instrument
- WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required,bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER 1t"(~"1)c~l{~ o!f<.- of OeJ,CH(Ol" ~i1J IJl"-t>t:''''nr
TITLE(S) f P, TITLE OR TYPE OF DOCUMENT
:Jr 1..,"I~l ,o4,-k,'?J lQ'IE~f~~(>nr
o PARTNER(S) o LIMITED "" ',qI'N 322 011-0
o GENERAL '-I
o ATTORNEY-IN.FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIANICONSERVATOR
[5' OTHER: G;e .4 /'<'70 I< p?6. /-1" 1 O~ {,
DATE OF DOCUMENT
SIGNER IS. REPRESENTING: (VI,ch"oL f c~rii"9
NAME: OF PERSON(S) 08 ENTITY(lES)
;:;0 va / !Jt'v,t-e ""'. r Cd. L r.J .
/ SIGNER(S) OTHER THA NAMED ABOVE
@1993NATIONALNOTARYASSOCIATION-8236Remme,tAve.,.P.O. Box 7184. Canoga Park, CA 91309.7184
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~..Fb~~~~~~~~~~~~~~<'
State of California } ss
County of (90J1 [)ieg 0
On ff1tJ rc.il '1. :JlXX.." before me, <3h.ei;~:dTItI,~~,Y!f~~:!.IL~~,fa r'l f&blrc..
Date
personally appeared fY),Lht2.el ,t3ah{JtJt1. ,
Name(s)ofSigner(s) -
~personally known to me
~@- -~g-MU - J o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
" _ . Commisllon # 1421698 to the within instrument and acknowledged 10 me that
t . . 't. NoImy Public . CoIlfomlO f helshellhey executed the same in his/her/their
j San Diego Counly - authorized capacity(ies), and that by his/her/their
_ _ _ ~~:.~J~~~ signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above ;;;::::; h:o:J~
Signature of Notary Public
OPTIONAL
Though the information below is not required by taw, it may prove valuable. to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~ Jy,.J~""AtM" 'f-I~ tkJl-
Title or Type of Document:>....Jitl..,1:~~!I
Document Date: Feb 14,.:Ji)l) t:. Number of Pages: (p
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individuai
o Corporate Officer - Titie(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General RIGHTm-1UMBPRINT
o Attorney in Fact o Attorney in Fact O~SIGNER
Top.ot thumb here Top ofthumb here
o Trustee o Trustee
D Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representin9: Signer Is Representing:
oN-~'2lV--~~'Q(;,..~~~~~~~"QV~~"Q(.~~~~~~~~~~~,
@2004 National Notary Association. 93~0 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 lIem No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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5737
EXHIBIT 'A'
LEGAL DESCRll'TION
IRONMOUNTAlNPARKlNG LOT EASEMENT
A PORTION OF THE SOUT~ HALF OF SECTION 3, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDlNO BASE AND MERIDIAN, IN THE CITY OF
POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMM:ENClNG AT THE SOUTHEAST CORNER OF SAID SECTION 3, THENCE
ALONG THE SOUTHERLY LINE OF SAID SECTION 3, ~OUTH 89056'27" WEST,
333983 FEET TO A POINT ON THE EASTERLY SIDELINE OF THE RIGHT-OF-
WAY FOR CALIFORNIA, STATE mGHW A Y XI- SD-198~H, BElNG THE TRUE
POlNT OF BEGINNING; THENCE ALONG SAID EASTERLY SIDELINE, NORTH
15041 '43" WEST, 418.00 FEET, THENCE LEAVING SAID EASTERLY SIDELINE,
NORTH 74018'17" EAST, 372.71 FEET, THENCE SOUTH 15041'43" EAST, 121 48
FEET, THENCE SOUTll 00003 '33" EAST, 386.00 FEET TO A POINT ON THE,
SOUTHERLY LINE OF SAID SECTION 3, THENCE ALONG SAID SOUTHERLY
LINE, SOUTH 89056'27" WEST, 279 00 FEET TO THE TRUE POINT OF
BEGINNING.
TOTAL AREA IS 3.54 ACRES, MORE OR LESS
AS MORE P ARTICULARL YSHOWN ON EXHIBIT 'B' AIT ACHED HERETO AND BY
TIllS REFERENCE MADE APART HEREOF
PREPARED BY
~ 5-..;2'7-t?!:;'
WILLIAM N, RCE 33730
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EXHIBIT 'B' ,PO_C.
IRON MOUNTAIN PARKING LOT EASEMENT
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