Grant of Easement for Public Right-of-Way and Agreement 2007-0752936
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'RECORDING REQUESTED BY DEe 04, 2007 12:00 PM
CITY OF Po"WAY UF FI CI.c:..L F:EI=-1:1Flrl~,
Fro ':".:.l,j J [ilEC10 r-{IurJ f', REUJR[IEFt":, IIFFWE
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Exempt from Recor~ing'F~es f:E['::, 1-100
(Gove-rnmerit'Code section 27383) qp nc t,v..:.
PAGES: t) I
WHEN RECORDED MAIL TO' t'Jf
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CITY CLERK
CITY OF POWAY I ~O()
POBOX 789
POWAY, CA 92074-0789
APN No, 317-750-36 SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT FOR PUBLIC RIGHT-OF-WAY AND AGREEMENT
This Gra~Of Easement and Agreement ("Grant and Agreement") is
entered into on ilGM.&e?1 (.q , 2007, by and between Victor F. Gowen
and Shirley Gowen Living Trust, hereinafter referred to as ("Grantor") and the
City of Poway, a municipal corporation, hereinafter referred to as ("Grar;1tee"),
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, within the City of Poway, CA 92064,
and Assessor's Parcel Number of 317-750-36, and more particularly described in
Exhibit "AU attached hereto and incorporated by reference hereinafter referred to
as the ("Subject Property").
B. Grantee desires to acquire an easement over, upon, in, across and
under that certain portion of the Subject Property described in Exhibit "A"
attached hereto, as a part of the Oak Knoll Trunk Sewer Project, for utility
easement purposes as specified in this Grant and Agreement, and on such terms
and conditions 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 described in Exhibit "A" attached, for the purposes
specified, in this Grant and Agreement, subject to all of the terms and conditions
of this Grant and Agreement.
Page 1 of 4 D1/1V~
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Now, 'therefore, in consideration of the promises contained in this Grant
and Agreement, 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, in, under, 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 granted by this Grant and Agreement is an Easement for a right-
of-way and incidents thereto for utility purposes, in conjunction with the Oak
Knoll Trunk Sewer 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, repair, replacement or
maintenance of said utility
Consideration
2. Grantor acknowledges that Grantor has received the amount of
$2,000 (Two Thousands USD) from Grantee as consideration for the Grant of
Easement described in paragraph 1
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
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
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 maintain the Easement together with any
improvements constructed or installed thereon by Grantee or associated with
Grantee's use of the Easement. The operation and maintenance 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,
Page 2 of 4
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including but not limited to all applicable regulatory, environmental, and safety
requirements at Grantee's sole cost and expense
Severance Damages
6. Grantor for him/herself, and his/her 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 any kind, and whether for personal injury or property damage,
resulting from, arising out of, or attributable 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 or the use
by Grantee of the easement granted by this Grant and Agreement.
Time of the Essence
8 Time is of the essence in this Grant and Agreement.
Attorney's Fees
9 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
10 ThislAgreement 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.
Page 3 of 4
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Binding Effect
11 This Grant and Agreement shall be"binding on and shall benefit the
heirs, executors, administrators, successors and, assigns of Grantor and Grantee
except as otherwise provided in this Agreement.
Executed on dll (.p ,2007
GRANTOR
(VICTOR F GOWEN AND SHIRLEY GOWEN LIVING TRUST)
By t;t r.~ J1AW.h1~ J/J JtJ1ol)
VICTOR F GO EN
By ~ kJ.JMr; tlj {, /0 7
SHIR EY GOWEN
GRANTEE
CITY OF POWAY
BY~Y~GER
AT[EST
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- B~
- - " L. or NE SHEA, CITY CLERK
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(Si~natures must be notarized)
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Exhibit A. Legal Description
Exhibit B Map of Subject Property/Right-of-Way Easement
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CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT .
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State of California ~ } ss.
County of ~
0, II N!? be~ "J.1/;!.rcCf.1l~:_~1:r-'filtj,<
personally appeared t) 0 (,\..
Name(s) at Signer{s)
~nallY known to me
o proved to me on the basis of satisfactory evidence
to be fhe person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
-' he/she/they executed the same in his/her/their
.. .... -- l. DlANfSHEA authorized capacity(ies), and that by his/her/their
@ ~mm#1~9437 ~ signature(s) on the instrument the person(s), or the
~ PIdlIIc . CaIlfomIa
San DlegoCounly entity upon behalf of which the person(s) acted,
_eamm. &pIiIs NOv26. ' executed the instrument
"-
Place Notary Seal Above
Though the information be/OWlS 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 Document
Title or Type ot Document:
Document Date: Number ot Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer - Title(s): D Corporate Officer - Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney in Fact . D Attorney In Fact .
Top of thumb here Top of thumb here
D Trustee D Trustee
D Guardian or Conservator o Guardian or Conservator
D Other' D Other'
Signer Is Representing: Signer Is Representing:
~~ .~'"""""'~~~~ ~~~~~~~~~~~
@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 913132402 Item No. 5907 Reorder; Call Toll Free 1800"876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On ~tlc:JJzem (P,2tJt1? before me, Phyllis Shinn, Notary Public
personally appeare:" 11 IC'D Go t.,J ~ ' P:J c- -;AI ,
Name(s}of Signer(s)
o personally known to me - OR -I)(,proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) ~are subscribed to the within instrument
and acknowledged to me that ~/~/they executed the
same in t;lt/~/their authorized capacity(ies), and that by
~ PHYlLIS SHINN tis/~/their signature(s) on the instrument the person(s),
- ',Commission # 1450304 or the entity upon behalf of which the person(s) acted,
~ .. Notary Public. California f executed the instrument.
j' San DIego Caunly f WITNESS my hand and official seal.
_ __ ~:a:m~Expjre'Nov9.2007
- - - - - q5w~
OPTIONAL
Though the information below is not required by raw, it may prove valuable to persons relying on the document and courd prevent
fraudulent removal and reattachment of this .form to another document.
Description of Attached Document
litle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
litle(s): litle(5):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator .
o Other' Top of thumb here o Other' Top'of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 8236 Remmel Ave., P.Q.Box 7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876.6827
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EXHIBIT "A"
[Legal Description - Sewer Easement]
APN 317-750-36
THAT PORTION OF PARCEL A OF MAP OF REVERSION TO ACREAGE OF A
PORTION OF RUSS ESTATES UNIT NO 2, INTHE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5027,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AUGUST 30, 1962, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF LOT 204 OF RUSS ESTATES UNIT
NO 2 AS SHOWN ON MAp NO 4668, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 23, 1960; THENCE ALONG
THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 204
SOUTH 1016'37" WEST (SOUTH 0046'07" WEST RECORD PER MAP 4668) 30.37
FEET TO THE TRUE POINT OF ,BEGINNING;
1 THENCE CONTINUING.ALONG SAID PROLONGATION SOUTH 1016'37" WEST
(SOUTH 0"46'07" WEST RECORD PER MAP 4668) 21 70 FEET,
2. THENCE LEAVING SAID PROLONGATION SOUTH 68"26'40" WEST 54.25 FEET
TO A POINT IN THE IiVESTERLY LINE OF SAID MAP 5027;
3. THENCE ALONG SAID WESTERLY LINE NORTH 1016'37" EAST (NORTH 0046'07"
EAST RECORD PER MAP 5027) 2170 FEET,
4 THENCE LEAVING SAID WESTERLY LINE NORTH 68026'40" EAST 54.25 FEET
TO THE TRUE POINT OF BEGINNING.
AREA = 0.025 ACRES, MORE OR LESS.
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MIC, AEL A. HAVENER, PLS 7354
EXP 12-31-07
EXHIBIT "B"g 5436
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RUSS ESTAT~S ~
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P.O.B. 3-
UNJT NO.2
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MAP NO. -466B lOT 204
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UNJT NO, 2 I
RJDGEDALE j\jJAP NO. 5027 SCALE 1" = 20'
l.EWill MAP NO. 567B APN 317-750-36
[zz22ZZl SEWER EASEMENT
AREA = 0;025 ACRES
P.O.B. POINT OF BEGINNING
T.P.O.B. TRUE POINT OF BEGINNING
( ) INDICAlES RECORD DATA PER MAP 4668
[ ] INDICAlES RECORD DATA PER MAP 5027
II. ')..'1- D7
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated ;vbIEm..1C1-<.. (p, ZOO 7 ,from, _Vic.-I-o, F bO/LJfV1 f SAi'/~ ~OvJ;-
, LtVI/1<J r,U.s
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 conferred by Resolution No 34 adopted on
January 20, 1981, and the grantee consents to recordation thereof by its duly
authorized officer
Dated. /! /'1/07 CITY OF POWAY
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