Grant of Recreational Trail Easement 2005-0442982
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; \ECORDING REQUEST'BY ! 1111111 fllllllmllllllll~~I(IiI~Ii~I~I~I~I~rul~1I1111
@e;' CITY OF POWA Y
MAY 26, 2005 8'05 AM
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_,,'"JJ [)IEI10 CDUrH'1 REC.OF,[lfF:'~, OFFICE
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CITY OFPOWAY f=c:.'ciE': J
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POWAY, CA 92074
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APN 321-313-01
GRANT OF RECREATIONAL TRAIL EASEMENT
NO DOCUMENT TRANSFER TAX DUE
ERICH F MARX AND GISELA S.MARX, TRUSTEES OF THE MARX FAMILY TRUST DATED
SEPTEM'BER 10,1990 (hereinafterAGRANTOR:;) hereby grants to CITY OF POWAY
(hereinafter AGRANTEE:;), its successors, or assigns, the easement and incidents thereto for a
public recreational trail upon, over and across that certain real property in the City of Poway,
County of San Diego, State of California, described as follows:
A 20 OO~FOOT WIDE STRIP OF LAND IN LOT 25,RANGE VIEW ESTATES, MAP NO
73811NTHE CITY OF POWAY, COUNTY OF SAN'DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF'THE COUNTY RECORDER OF SAN DIEGO COUNTY,
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JUL Y26, 1972, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 25, THENCE
NORTH 00032'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 25, 53.45 FEET
TO THE TRUE POINT OF BEGINNNING: THENCE NORTH 80033'11" WEST, 10238
FEET TO THE WESTERLY LINE OF SAID LOT 25, BEING THE POINT OF
TERMINUS
THE SOUTHERLY LINE OF SAID 25.00-FOOT STRIP OF LAND SHALL BE
SHORTENED OR LENGTHENED SO AS TO TERMINATE EASTERLY AT THE
EASTERLY LINE AND WESTERLY AT THE WESTERLY LINE OF SAID LOT 25.
Dated this ~Lj~ day of N\ A-~ ,2005
MARX FArlillL Y TRUST
DATED SEPTEMBER 10, 1990
~~cJ!~~
Erich F Marx, Trustee
~~.~. K. \r1JL~
Gis a S Marx, TrUstee
05-11'5"
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CALlfORNIAAJ.:L-PURPOSE AcKNOWLEDGMENT
State of California }
C> _ D- ss.
County of ~("\ ie8<:l
On rC\Q ~..xo~ rbeforerne. N'm~,]?,;::?~SJ"'D"N""'"P"""') ""c.
personally appeared E("; c.h r. a.C\,d Qiib ~ lit. S, rt\a.r.i
Name(s) ot S'gner(s)
I' 0 personally known to rne
li!-.proved to rne on the basis of satisfactory
I evidence
t - ~ --".. : ; ~ - - - - f
' .,E,~L l)';WORREU. ' to be the persor6 whose narn~ is/0
_. J. . ','# .1~1698 3: sUbscribe",d to, the within instrurnent and
i NoIary l'1li*: - CalIIoIn!a ! acknowledged to rne that hoWle/t@) executed
j , ~1lIsgo=~ the s,am'e in histher~ authorized
1 c, ~ EIlp!I8s 'capacit~, and that by h~r/~
.. . -- - - - -".-- _. - ...... -, -- ; nol't!:\ - . ~
. , '- .., n__,'~_.... """ .' slgnatur~on.the Instrument the perso, 'WI, or
I the entity upon behalf of which the persomD
1 acted, executed the instrurnent. I
1 WITNESS my hand and official seal.
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SignalurElofNotaryPublic
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OPTIONAL,
Though the infonnation below is not required by law, it may prove va/uableto persons refyi(lg,on the document and could pre'lent
l fraudulentremoval and reattachment oi ttiisform toanather document.
Description of Attached Document ':
Title or Type of Document: Gr.1J.At.Jf- of ~ectl't1~~ Of'lal T rai I f~+
Docurnent Date: Number of Pages: ~
I
1 Signer(s) Other Than Narned,'Above:' 'i
I ,I
Capacity{ies) Claimed by Signer
1
Signer's Name: I
D Individual Top of thumb here !
o Corporate Officer - TiUe(s):, 1
o Partner- 0 Lirnited D General 1
I. 0 Attorney,in-Fact
o Trustee
I D Guardian ,or Conservator
o Other'
1 Signer Is Representing:
1 I
@ 1999 Nat'onal Nota,!' As~ociation . 9350 De Solo Ave., P.O. Box 2402. Chatsworth. CA 913' 3-2402. www_nallonalnotary.org Prod. No, 5907 Reorder. Call Toll-FrElEl '-800-876-6827
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated May 24, 2005 from ERICH F. MARX AND GISELA S. MARX,
TRUSTEES OF THE MARX FAMILY TRUST DATED SEPTEMBER 10, 1990,Grantor, to the City
of Poway, Grantee, 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
conferrecj by Resolution No 34 adopted on January 20,1981 and the grantee consents to
recordation thereof by its duly authorized officer
Dated: 5/;Ji//.w05 CITY OF POWAY
I
Seal: BJJ, (U~Qi&fldli. a. C
Sherrie D orre, Deputy City Clerk
N '\city\share\certificate <if acceptance-city. doc
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Irrevocable Offer of Dedication and
.AQreemenrtorPublic Trail Easement
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TRISAGREEMENT is made and entered into this 24th day of May ,2005,
by and betwe-en the, City of Poway (hereinafterreferred to as "CITY") and Erich F Marx and
Gisela S Marx, Poway residents (hereinafter referred to as 'GRANTORS")
WITNESSETH THAT
WHEREAS, CITY has determil)ed 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) 321-313"01, 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
thatwill 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 May 24 , 2005,
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. 321c313-01 oha 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 il') all documents
listed herein have the power and authority to bind said party, his or her heirs, assigns,
personal representatives, or other successors in intere~t, the singular shall include the
plural, the masculine shall include the feminine, and vice versa, as used herein.
II
The CITYwill:
A. Agree to defend, lndeml')ify and hold GRANTORS 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.
I
t ,
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B The CITY shall construct a recreation natural earth trail for pedestrian, equestrian, and
bicycle use within the. easement at its sole cost and expense, and utilize said
recreational trail for the purp'oses and to the extent contemplated in the "Trail
Standards" heretofore published by the CITY Said trail is intended for above
mentioned trail users only and is not to be altered or modified for motorized vehicles
except that of City vehicles necessary for maintaining said trail is to be allowed on
easement.
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 cif 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 between the parties, and neither
party relies on any warranty-, promise or representation not contained in writing
herein.
GRANTORS CITY
t:'n~t~~
Erich f Marx
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Gi la S. Marx
2
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of land lying within the Southwest Quarter of Section 34, Township 13 South,
Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San
Diego, State of California, according to Official Plat thereof approved September 21,1875,
described as follows.
and particularly, any alignments within 100 feet of Highway 67 on the property
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M:\MAtNT-OPERATIONS\Trails_Open Spaces\Marx Dedication Agreement.doc
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Record 1 q \rsrvycgrd\poway1\00000332 tif .
Image File Date ~ 10/30/97 Image File Size ~ 462102
Image Titie 00000332
California Coordinate 294-1761
Project Number L6489
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Map Nwnber LAND DEVELOPMENT RANGE VIEW ESTATES
LMD' Number
Description