Grant of Easement for Public Recreational Trail 2003-1057969
RECORDING REQUESTED BY . ) f 2003-1057969
) DOC
CITY OF POWAY )
)
AND,\NHEN RECORDED MAIL TO: ) AUG 29, 2003 8:39 AM
)
CITY CLERK ) OFFICIAL RECORDS
CITY OF POWAY )
P O. .BOX 789 ) SAN DIEGO COUNTY RECORDER'S OFFICE
POWAY, CA 92074 ) GlifGORY J. SMITH. COUNTY RECORDER
) FEES: 0,00
~ No.. transfer tax due ) QC: Nl1
. tax Parcel No. 273-102-17 NO DOCUMENT TRANSFER TAX NO FEE
e;&iK GRANT OF EASEMENT
,W
FOR PUBLIC RECREATIONAL TRAIL
DWAINE RILEY (hereinafter "GRANTOR") hereby grants to CITY OF POWAY (hereinafter "GRANTEE")
its successors, or assigns, the following easement for public recreafional frail purposes.
The land encompassing this easement is sifuated in the City of Poway, County of San Diego, State of
California, and is more particularly described as follows:
LOT 44 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-ofcway in the aforesaid lands is particularly described in Exhibit "A", and depicted
in Exhibit "B"
GRANTEE hereby assumes maintena.nce responsibiiity associated with the public recreafional 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 Trairmaintenance will be atthe 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.
~4/!o3 ,
Dated: By'
I / Dwaine Riley, Grantor
! /~).../o ~ CITY OF POWAY, A Municipal Corporation
Dated: By' ."d
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CALlFORNIA.ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of Ca.li ~rC\\~
County of Sa.C\ D,e~o
On A..J31~9 bl,\..;lm ~ before me 5'neAAiE' f).v.Jorretl A1-L-.ru Public::.
,
DATE NAME, TITLE OF OFFICER E.G" 'JANE DOE:t-JtHARY PUBLIC"
personally appeared tJ...ro\l)P R. i Ie '/
NAME(S) OF SIGNER(S)
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
. 1- - _..~;:!:s - -'- - J to be the p!"rsonL5i whose name~ 6/are
. ~ ~~ ' "b"db,d to th, w;th;, ;"tcomoot aod ".
I NalalyN:lilc-CaIloliiIa ,j knowledged to me that @she/they executed
:: : . . ~r:"""'~==i- the same in ~er/their authorized
- - - - ~:- ~- - - ..' capacity(i~), and that by ~/her!their
signature(,SJ on the instrument the person~),
or the entity upon behalf of which the
person0') acted, executed the instrument
WITNESS my hand and official seal.
~ Q.eJ~
SIGN..... TURE OF NOTARY
OPTIONAL
Though the data below is not required .by law, 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-t fo.~J\i ~r
o CORPORATE OFFICER ~ I nl \c.~( rf'a.~LY\a.1 "\ra; J
TITLE OR TYPE OF OOCUMENT
TITLE{S)
o PARTNER(S) o LIMITED
o GENERAL 3
o ATTORNEY.IN.FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: ~I.;)do~
DATE OF DOCUMENT
SIGNER IS REPRESENTING: t=1-: \-2-
NAME OF PERSON(S) OR ENTITY(IESl Nw \1
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
. .
EXHIBIT 'A"
A Recreational Trail Easement being all that portion of Lot 44 of City of Poway Tract 88-
11, in the City 6fPoway, County of San Diego, State of California, according to Map
thereof No 12761, filed in'theOffice of the County Recorder of San Diego County,
December 28,1990, described as follows.
BEGINNING at the most Northerly corner of said Lot 44, thence along the Northeasterly
line of said Lot 44, South 34021'33" East 211.27 feet; thence South 20046'46" East 17 90
feet to a point on the boundary of said Lot 44 and a point on a non-tangent curve concave
Northeasterly having a radius of 45.00 feet, a radial line to said point bears North
28035"57" East; thence Northw~sterly along said boundary and along said curve through a
central angle of 16054'44" a distance of 13.28 feet; thence North 20046'46" West 35 88
feet; thence North 36016'52"West 177 73 feet to the Northwesterly line of said Lot 44,
thence along said line North 25050'17" East 10 86 feet to the POINT OF BEGINNING
This legal description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act.
Signature'
hn R. Berggren, L,S 6000
I'.icense Expires 12/31/2004
Date. August 14, 2003
,
EXHIBIT "B"
,0 I (' T rJ r' MAP 'J2'J23
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$ 0' tc! ~ PEDESTRIAN TRAIL EASEMENT
.2 Q.~ .RECORDED 2/04/200.3 AS
rJ:: \ DOC # 200.3-01261.30 OF 0 R
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Q) /, RECREATIONAL TRAIL EASEMENT
l\C) .;~ \ DEDICATED HEREON
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EASEMENT TO THE /.:.-\:;/' \ I 0-( ,;:1 S
UNITED STATES OF / X'" - f
AMERICA REC. ->->':;(/ \
\ 11-17-1949 IN ~.\",-"
BOOK .3.389, PAGE ''S \ \
\ 418 OF DEEDS ~ '\ MAP 'J270'J
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01 C,l
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
. .
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant,
dated August 21, 2003, by Dwaine Riley, Grantor, to the City of Poway, Grantee, a
political corporation and/or governmental agency is heretiy 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 recordatioh'thereof by itsduly'authbrized officer
Dated~vffJ CITY OF POWAY
Seal:
N:lcitylsharelcertificate of acceptance-city,doc