Grant of Easement for Public Right-of-Way and Agreement 2007-0792080
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. C'lDe # 2007-0792080
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RECORDING REQUESTED BY 9P DEe 26 2007 9:23 AM
CITY OF POWAY 2W CiFFICI......L f:ECOR[I':,
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CITY CLERK NF
CITY OF POWAY 1 illllllllll I1111 11111111111111111111 1111111111111111111111 111111111111111111111
POBOX 789
POWAY, CA 92074-0789
APN No. 321-360-01 SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT FOR PUBLIC RIGHT-OF-WAY AND AGREEMENT
(No Documentary Transfer Tax Due)
This Grant of i!isement and Agreement ("Grant and Agreement") is
entered into on _, D , 2007, by and between Hilsabeck Family
Trust, 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 16155
Poway Rd, Poway, CA 92064, and Assessor's Parcel Number of 321-360-01,
and more particularly described in Exhibit "A" attached hereto and incorporated
by reference hereinafter referred to as the ("Subject Property")
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 Poway Grade Left-Turn Lane at Mina De Oro Project, for public
right-of-way 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.
D By granting this easement, Grantor shall be entitled to request a
new traffic study by the Grailtee, within two (2) years after the grant, to determine
if the roadway improvements have created increased safety problems for the
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ingress to and egress from Grantor's property Any recommendations for safety
improvements made by such traffic study shall be implemented by the Grantee at
no cost or expense to the Grantor
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, 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 public street purposes, in conjunction with the
Poway Grade Left-Turn lane at Mina De Oro 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 ne,cessary in construction, reconstruction, improvement,
or maintenance of said public street.
Consideration
2, Grantor acknowleages that Grantor has received compensation
from Grantee as consideration for the Grant of Easement described in Paragraph
1
Term of Easement
3 The term of t~e 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.
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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,
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 ThisAgreement constitutes the entire agreement between Grantor
and Grantee relating to the above Easement. Any prior agreements, promises,
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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
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 17..lloJ}07 ,2007
GRANTOR,
HILSABECK FAMILY TRUST
By ~ J-li~ ~7+ee
SUSAN HILSABECK, TRUSTE~
GRANTEE.
CITY OF POWAY
BY~~~
ROD GOULD, CITY MANAGER
ATTEST
(Signatures must be notarized)
Exhibit A. Legal Description
Exhibit B: Map of Subject Property/Right-of-Way Easement
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~'<
State of California _ }
County of ,,5tUJ U[Q:!)O ss,
On 12.!/q/D? ,before me, Pu0!'c
Dale R Nam~ arn; litle of Officer Ie. Public")
personally appeared 0cJ (qOU/o.-
Name(s) of Signer(s)
\ ..0'P"ersonally known to me
I
/ 0 proved to me on the basis of satisfactory evidence
to be the 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
- - - - L. DlANI. ;HEA authorized capacity(ies), and that by his/her/their
~" CornmISIk>n # lS29437 ~ signature(s) on the instrument the person(s), or the
1-0 ~ Public - CaIIfomIO ~ entity upon behalf of which the person(s) acted,
San DiegO county ~ executed the instrument.
MvCamm, ExpII8S Nov25,
-----------
Place Notary Seal Above
Though the information below is not required bylaw, 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 Docume~ CU1J::.. 8f ['~ fr' Puh! - /) ()..u.),
Title or Type of Document: r ' {c r<...-
Document Date: (2../ 10 10+ Number of Pages: W
Signer(s) Other Than Named AbOVe.:5 l~n UtI S:::i. te' ()::
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Title(s): 0 Corporate Officer - Title(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact Top oj thumb here 0 Attorney in Fact T 'h b h
lOP 0 t urn ere
o Trustee 0 Trustee
o Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other:
Signer Is Representing: Signer Is Representing:
~~~~
e 2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800.876.6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMEtIIT
~
State of California } ss
County of 1f,..ff.I.>lbF--
On pti')/IJ-'7 jefOMme, N,m""'"tl, Olf.o""''''Joo:t!:.,i,,,,,,.., I
,
personally appeared 5",#) IV ill (j tv,,"
Name(s)oISigner(s)
o personally known to me
~ proved fo me on the basis of satisfactory
evidence
to be the 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 authorized
MICHAEL EUGENE GRiffiN , capacity(ies), and that by his/her/their
@ Commission # 1592471 signature(s) on th~ instrument the person(s), or
~ _,,; _' ,;: Notory Public - California ~ the entity upon behalf of which the person(s)
. '", Rivers1de County acted, executed the instrument.
'" My Comm, Expires Juo 28, 2009
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OPTIONAL
Though the information below is not reql!Jred 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 ]
IJIl S-t Ill! ,fr-
litle or Type of Oocument: P.
Document Date: I Number of pages:!
Signer(s) Other Than Named Above: ,I
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General 1
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other:
,
Signer Is Representing: J
c 1999 Na~onal Notary Association' 9350 De Soto Ave" P.O. Bo~ 2402' Chatswor1h. CA 91313-2402' wW'O'i.nalionalllOtary.org Prod. No. 5907 Reorder: Cull Toll.Free 1.800.876.6827
I
EXHIBIT "A"
EASEMENT
BEING-A PORTlONQFSECTlON 4, TOWNSHIP 14 SOUTH, RANGE I WEST, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS,
BEGINNING AT THE INTERSECTION 'OF THE SOUTHERL Y LlN1JOF SAID SECTION 4, AND THE
SOUTHERLY LINE OF THE ROAD SURVEY PER RS 472, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCA VE NORTHWESTERL Y WITH A RADIUS OF
455.00 FEET, AND A RADIAL BEARING OF NORTH 27'24'51" WEST,
THENCE NORTHEASTERL YALONG SAID SOUTHERL Y LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 23'36'40" AND AN ARC DISTANCE OF 228, 71 FEET TO A REVERSE CURVE
CONCA VE SOUTHEASTERLY WITH A RADIUS OF 470,00 FEET AND A RADIAL BEARING OF
NORTH 51 '01'31" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEA VlNG SAID SOUTflERL Y LINE OF SAID ROAD, SOUTH 45'1 7'33" EAST, A DISTANCE
OF 8.00 FEET TO A CURVE PARALLEL AND 8.00 FEET SOUTHEASTERL Y OF SAID SOUTHERL Y
LINE, SAID POINT ALSO BEING THEBEGINNING OF A TANGENT CURVE CONCA VE
SOUTHEASTERL Y WITH A RADIUS OF 462.00 FEET,
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32' 18'18" AND AN ARC
DISTANCE OF 260.49 FEET,
THENCE NORTH 12'59'15" WEST, A DISTANCE OF 8,00 FEET TO SAIDSOUTHERL Y LINE OF SAID
ROAD, SAID POINT ALSO BEING'THEBEGINNING OF A TANGENT CURVE CONCA VE
SOUTHEASTERL Y WITH A RADUIS OF 470.00 FEET,
THENCE ALONG SAID SOUTHERL Y LINE AND SAID CUR VE THROUGH A CENTRAl:. ANGLE OF
32'18'18' AND AN ARC DISTANCE OF i65,OO FEET TO THE TRUE POINT OF BEGINNING;
THIS PORTION OF LAND CONTAINS 2,101 SQUARE FEET MORE OR LESS.
ACHED HERETO MADE A PART HEREOF
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EXHIBIT n'B"
EASEMENT
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EASEMENT
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0 APN: 321-360-001
SLY LINE OF
ROAD SURVEY SOUTHERLY LINE
PER RS 472 OF SECTION 4
POS SECTION 9
GRAPHIC SCALE
100 0
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SITE
VICINTY MAP
D N,T.5,
EX? 12131108
DJIJOENN,SJANDA,.,NC. EASEMENT DATE 5/21/2007
MAPPING/SURVEYING SERVICES
42164 REMINGTON A VENUE PH: (951) 699-8874 City of Poway, County of San Diego, W.O. SM-06-075,
TEMECULA, CA 92590 FAX: (951) 699,8568 State of califomia ' .
EMAIL: dennis.janda@verizon.net Section 4ancfSi Township 14 South, DRAWN BY MQ
Range r West, S;B.B.M.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: December 10, 2007, from Hilsabeck Family Trust, 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: Y2/WIUJD'1 CITY OF POWAY
Seal: UoJttt
N:lcitylsharelcertificate of acceptance-city doc