Grant of Easement for Pedestrian/Equestrian Trail 2003-0155027
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,;~ I ooe # 2003-0155027
~. REf:OjmING:REQUESTEDBY .
) FES 11" 2003 1:0:.08 AM
If CITNOF POWAY )
) 101.53 OFFICIAL RECORDS
clP ANDWHEN:RECORDED MAIL TO' SAN'DIEGOCOUNTV REOJRDER'S OFFICE
) GRE6JRY J. SMITH. COUNTY RECORDER
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ICN~ City of Poway FEES: 0.00
P,.O .Box 789 ) DC: NA
Poway, CA 92064 , )
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2003-0155027
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.NO TRANSFER T AX DUE (This' space for Recorder's use)
Parcel ~o.(~PNJ278-210-31
GRANT OF EA:SEMENT
EOUESTRIAN/PEDESTRIAN TRAIL
A:nne Theresa O'Dell and Ernest Jame~ Hyslop
] 5450 Highway 67. Poway. California 92064 .
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(h"reinafter "GRANTOR") hereby grants toCITYOP,POWAY(hereinafter"GRANTEE:') its r
successors, or assigns, the following,describedI5'foot ~i~e'e~s~l)1entJor recreational trail
'Purnoses, with conditions ~;see'attachment{IrreYocable Offer of Dedication.and Agreement for
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l'ubIi6 ACC(;SS' Easement),
The land enc()mpassing this easement is:situated,in theCITYOFPOW A Y, County of San Diego,
State <?fCaliforilia,andis moreplirticuiarly described'as,f611ows: "
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.e,:l'N;278m 0'31 \
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(see attached leg~l description) \
Said 'e~s"m"nrofright.of~wayin the aforesaid lands is particularly described as follows: V
. (see attadi.~d legal'description and exhibit piat)
.. Dated this t3 dayof J CUt U"CL0--- ' 20 l) 3
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This iSlto;ccrtifYithaUheintcrest m real propcrty,conve ,0
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_bY'tbE.geed;,or~gr~l]_~:daten_ . _qrn I
AnneThercsa"O'Dcll and'Ernest James'Hysto the
C\ty of Po way, apolitical cOrPoratj~n aJ}d gov.ernnic_Qtill I
agency is hereby. accepted by the'unde 'gned officer:or agent
on behalf ofthc,CityCouncil:pursu ttoauthority conferred
by Resolutibp N9: 34 adqpted:o anu.a1Y 2,0, 1981 and .the I Ernest James
grantee consents.to'reeordati thereofby its duly authorized ,
,
officer
Dated: By'
(G:ity G:ertificate of Acceptan~ej .J,"
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CALIFORNIA ,ALL.PURP,OSE ACI(~QWL~~g^~,J;NT
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State of califOrnia'} ~
I County of :5(L0. 'i>cl~ () ss, :
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: On \!J~!o3 ,beforeme,Dc.(t~'~T,",,~st~P"b1") ~
personally appeared An r1 t: --rht ( f 50" 0' De U ().f\...J. f r Y1P sf- Jco'w ~ ~
.:' . Name(s)of.Signer(s) }-t 4S1'of ':
, lJ, personally known to me ~
~ 9l proved to me on the basis of satisfactory ~
I' eVIdence . I
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~ 10 be the person(s) whose name(s) is/are "
~ subscribed to: the. within instrument 'and ~
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, " " ~ _ _ _ _ _ _ _ _ _ _ acknowledged to me that he/she/they executed,
I'. DIANA ALDAPE r ,", ",me '" ""'''""", ,","",,," i
I ().. .. COMM.-#J371119 ~ capacity(ies) and that by his/her/their'
~ CJ.. ,... : NOTARY PUBlIC.CAlIFORNIA . . .'.' - ,
. ~ SAN DIEGO COUNTY 0 slgnature(s) on thelnstrumenl the person(s), or
..~ ) _ ';' _ _ ~o~~.~P !,U3.:D'3D~6t the entity upon behalf of which the person(s) ~
'[', acted, executed,the Instrument. ~
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-~ - ;." - ---:- (1 .,. 1>1<<;;1') NotalY Sea' Above ;,
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:~. .. . OPTIONAL.. . .. . ~
:1' Tl7ough,the.information belor:~ls nouequiied'bylaw, it 'm~y'pr9~~ v.aJ!!.able to R~-r?c}!Js re,!YJn[!'on ,the document ~
.~ . andcol!fd prevent fraudulent removal and reattachment of Ihis-form'to another document. ~
~ Description 6f Attache~ +- of Ea Jsc~ ~
~ Title or Type of Document: ' ~
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I ="m,,' "" '/1?c A7 'omoo,"' ~"o'" i
, Slgner(s..l Other Than Named Above: -- ~
~ Capacity(ies) Claimed by Signer ~
~ Signer's!Name: ~
~'I 0. Individu~11 Top 01 thumb here :
~ 0 Corporate'Offlcer - Title(s): ,
~ 0 Partner - 0 Limited 0 General ~
' 0 Attomeyin Fact ,
, '. 0 Ttustee ~
."l ), '~ 0 Guardian at Conservator I
~ 0 Other' ,
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~ Signer Is Representing" ~
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X.~~~%~~~~"<Z.0~~~~"'Q<,;.~~~~'C<,.~'@j'Q<,;.'g,;,'QV~V0j
@1997 National Notary.,G~()c.ialion' 9350 De SOlo Ave.;:P.O. B?x 2402' ChatswQr1h, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll Free 1 800.876.6827
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Irrevocable Offer of Dedication and
Aqreementfor Public Access Easement
THIS AGREEMENT is made and entered into this ~ day of 'J"'a.nua.~ '
2003, by and between the City of Poway (hereinafter referred to as "CITY") and Ann Tti resa
O'Dell and Ernest James Hyslop, Poway residents (hereinafter referred to as 'GRANTORS")
WITNESSETH THAT
WHEREAS, CITY has determined 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
Poway identified as Assessor's Parcel Number (APN) 278-210-31, 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'tocomplete the acquisition of said real property in a manner
that will be the most compatible with the greatest public good.
NOW, THEREFORE, the parties hereto mutually agree as follows,
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GRANTOR hereby covenants and agrees as'follows,
A GRANT OF EASEMENT for recreation trail, dated 0a\'\~ l"3 ,;2003,
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 278-210-31 on a 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 in all documents
listed herein, have the power and :authority to bind said party, his or her heirs, assigns,
personal representatives, or other 'successors in interest, the singular shall include the
plural, the masculine shall include the feminine, and vice versa, as used herein,
II
The CITY will:
A Agree to defend, indemnify 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.
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B The, ClrY ishall construct a recreation trail within the ,easement at its sole. cost and
expense and utilize said recreational trail for' the purposes and to the extent
contemplated in the ''Trail Standards" heretofore published by the CITY
(;, Perform regular mainteriancE;l witb a high degree of workmanship of said trail and
appurtenances; keeping'them free of hazards.
0 Prepare after completion of ' the public access easement, an as-built legal description,
which shall.besubstituted for Exhibit "A" and attached'tothe actual Grant of Easement
tobe.:recorded at the expense;ofthe GRANTORS
E, PeriniMhe location of the easement to be,moved l:>Y' GRANTORS at GRANTORS' sole
cos(ang ~xpe!1se t() a loc:ation mutually acceptable by both GRANTORS: and CI11\,
provided that GRANTORS pay the expense of reconstructing the recreational trail as
relocated to CITY standards,
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TR'IS 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
:counterpartstogether shall constitute one and the same instrcirtJeht.
A All tovenantsin 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 of the respective parties;
13,; The City of Powa>" shall in,cur i}Q UabilityiNith respect to this offer of dedication and
shall riofassumeany responsibiiity for the,offered,property or any improvements to the
property, until this offerhas,been accepted by appropriate action of the City Council.
C Time is of the es?ence for this AGR~ErI!IE~Tahd each party shall promptly execute
all doc:unieritsnec:ess'ary to effectUate the intent herein and shall perform in strict
accoi'd~hcev.ifth each of the provisions herein.
0 TheAGREEMENJ contains the entire agreementbEltween the parties, and neither
party relies on any warranty;jm;>rrliseor representation not contained in writing
herein,
GRANTORS' CITY
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Anne Theresa O'Dell
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of land lying within the Southwest Quarter of Sec;tion 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
r0:M~intOpsrrrajls_OpenSpaces/HysfOp Dedication Agreement 11_22....:.02
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-...; EXHIBIT B
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CERTIFICATE OF ACCEPT.6:NCE
This is to certify that the interest in real property conveyed. by the deed or grant
dated January 13, 2003 '.. from Anne Theresa O'Dell and Ernest James Hvslop ,
Grantor, to the City of Poway, Grantee, a political corporation and/or governmental
agency is hereby acc'epted 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.
Oated:~.b . to, ~ CITY OF, POWAY
Seal:
N :Icitylsharelcertificate' of acceptance-qity,doc