Grant of Easement for Public Recreational Trail 2003-1133617
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,- RE:CORDING REQUESTED BY )
~ ' - CITY OF POWAY . ! 10656 DOC' 2003-1133617
AND WHEN RECORDED MAIL TO' )
) SEP 16, 2003 8:20 AM
CITY CLERK ~ \
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I~t"}' ) FEES: 0.00
={ \ No. transfer tax due I (This space for Recorder's Ib onlv) Nt\
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~ GRANT OF EASEMENT
\ FOR PUBLIC RECREATIONAL TRAIL
Jerome A. Gilding and Trina L. Gilding, as co-trustees of the First Amended and Restated Jerome
A. and Trina L. Gilding Living Trust dated September 5, 2002 (hereinafter "GRANTOR") hereby grants
to CITY OF POWAY (hereinafter "GRANTEE") its successors, or assigns, the following easement for
public recreationai trail purposes.
The land encompassing this easement is situafed in the City of Poway, County of San Diego, State of
California, and is more particularly described as follows:
LOT 45 OF CITY OF POWAY TRACT 88.11, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12761,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
DECEMBER 28,1990
Said easement of right-of-way in the aforesaid lands is particularly described in Exhibit "A", and depicted
in Exhibit "B"
GRANTEE hereby assumes maintenance responsibility associated with the public recreational trail
including, but not limited to, maintaining the path, vegetation, and improvements located within the
easement and periodically trimming branches overhanging the trail easement as deemed appropriate by
the City of Poway Trail maintenance will be at the GRANTEE's sole cost and expense.
GRANTEE hereby agrees to indemnify and hold harmless GRANTOR and GRANTOR's successors, from
any and all liability, claims, damages, and losses resulting from the construction or maintenance of a trail
upon the easement or from the public use of such trail.
JEROME A. GILDING AND TRlNA L. GILDING, AS CO-
. THE FIRST AMENDED AND RESTATED
D TRINA L. GILDING LIVING TRUST DATED
Dated: q / II 6" B : 5,2 2
,
Dated: or /1... / 0 '3
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CITY OF POWAY, A Municipal Corporation
Dated: ~ U3 By" ~
Niall Fritz, Director of De elopme t :.rvic~sl . I ~ ~ - ~
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. .10657
EXHIBIT 'A"
A Recreational Trail Easement being all that portion of Lot 45 of City of Poway Tract 88-
11, in the City of Poway, County of'San Diego, State of California, according to Map
thereof No. 12761, filed in the Office of the County Recorder of San Diego County,
December 28, 1990, described as follows:
COMMENCING at the Southerly terminus of the Southwesterly course of said Lot 45
bearing North 34021 '33" West; thence along said Southwesterly line of said Lot 45, North
34021'33" West 2987 feet to the POINT OF BEGINNING; thence North 20046'46" West
2800 feet; thence North 36016'52" West 17307 feet to the Southeasterly line of
Pedestrian Easement granted to the City of Poway recorded February 4, 2003 as
Document # 2003-0126130 of Official Records; thence Southwesterly along said
Southeasterly line South 25050'17" West 0 89 feet to the Southwesterly line of said Lot 45,
thence along said Southwesterly line South 34021'33" East 19975 feet to the POINT OF
BEGINNING
This legal description has been'prepared by me, or under my direction, in conformance
w'" th, P"''''';O",I~d S"~'Yo" A,t
Signature. L
J n R. Berggren, L.S 6000
cense Expires 12/31/2004
ate. August 14, 2003
",
EXHIBIT "B" 10658
Lo-r 35 MAP 'J2'J23
~ PEDESTRIAN TRAIL EASEMENT
,~ RECORDED 2/04/2003 AS
^' DOC. # 2003-0126130 OF 0 R.
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co, \ " ~ RECREATIONAL TRAil EASEMENT
<) \% \ DEDICATED HEREON
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EASEMENT TO THE '\.r..'l. -i- I - II >='
UNITED STATES OF <f'''''~/ _0 r -/0
AMERICA REC. ~ '/.~
\ 11-17-1949 IN "'-,~:.if-'.
BOOK 3389 PAGE <5'. III \
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BERGGREN & ASSOCIATES
LAND SURVEYING AND RIGHT OF WAY MAPPING
6046 CORNERSTONE COURT WEST #116
SCALE 1" ~ 40' SAN DIEGO,. CALIFORNIA 92121
(858) 824-0034 / (858) 824-0036
CA"JfO~INIIA AU':'.PURPOt ACKNOWlEpGMENT . 10659
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I '9<fersonallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) "
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" and acknowledged'to me that .Pe/~/they executed the
, same in ~~r/their authorized capacity(ies), and that by .,
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I, MrCanm.&p)BsJar1iL~f WITNESS my hand and official seal. ,
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@ 1995 National Notary Association' 8236 Remmel Ave P.O..Bo~ 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free.1-eoO,S76-6827
. ., . 10660
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: September 5. 2002 from Jerome A, Gildinq and Trina L. Gilding, .~
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 SPpt 10, ?OO3 CITY OF POWAY
Seal: ,'~Q
L ri Anne Peoples, City Clerk
M:\planning\phyllis\forms\certificate of acceptance-city.doc