Grant of Emergency Access Easement & Agreement 2008-0299011
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. DOce ,
2008-0299011 I
. 111111111111 ""111111111111111111II1 "1/111111 ""111'" ""III" ""
~p RECORDING REQUESTED BY JUN 03, 2008
CITY OF POWAY 3'17 PM
OFFIC1~L RECOR05
5,oN [,IEGO COUNT, REWROER'5 OFFICE
Exempt from Recording Fees GP,EGOR'i1 ',!.11TH, COUI'IT, F:EWROER
{'IF (Government Code section 27383) FE~:. 0,00 Wl.lt; 2
UL, Nil,
~ WHEN RECORDED MAIL TO' PAGES: III
CITY CLERK 9112 11111111111I11"111111111111111I1111I111111111I1111I111111111I1111I1111I11111111
Iff' CITY OF POWA Y
POBOX 789
POWAY, CA 92074-0789
APN No, 278,181,05 SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EMERGENCY ACCESS EASEMENT AND AGREEMENT
This Grant of Emergency Access Easement and Agreement ("Grant and
Agreement") is entered into on Iv\(l~ 15 , 2008, by and between
Scott Eisenberg, a married man as sole and separate property, 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 14850
Eastvale Road, and Assessor's Parcel Number of 278-181-05, 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 High Valley Emergency Access Road Project ("Project"), for
permanent emergency access purposes as specified in this Grant and
Agreement, and on such terms and conditions as are set forth in this Grant and
Agreement
C The purpose of the Project is to create an emergency access and
evacuation route for the benefit of the residents of the High Valley community,
including the Grantor At the present time, High Valley Road is the only access
route into and out of that community The emergency access and evacuation
route will provide a secondary route into and out of the community for residents
Page 1 of 5
Og-OloS
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9113
and emergency personnel, in the event of an emergency The new emergency
access road will begin at the intersection of Markar Road and Eastvale Road,
crossing over a 3D-acre City-owned parcel of property, and connecting to the
eastern terminus of Sunset Mountain Way, with final access to Espola Road,
The emergency access road will be gated on the City-owned portion of the road,
and opened only in case of a fire or other declared emergency The emergency
access road shall not be used as a public road, or for any use other than those
uses specifically described in this Agreement.
0 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.
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,
1 Grant of EmerQencv Access and Evacuation Easement. Grantor
grants to Grantee an Emergency Access and Evacuation 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 "8" attached hereto The Emergency Access and
Evacuation Easement granted by this Grant and Agreement is an easement for
access into and out of the High Valley community for members of the public and
emergency personnel. After completion of the Project, the Emergency Access
and Evacuation Easement is intended to be used only for maintenance and
repair of the Emergency Access Road, and for evacuation of residents and
access for emergency personnel in the event of a fire or other declared
emergency 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, or maintenance of said Emergency
Access Road, The Emergency Access Road will be gated on the Citycowned
portion of the road, and opened only in case of a fire or other declared
emergency The Emergency Access Road shall not be used as a public road, or
for any use other than those uses specifically described in this Agreement.
2, Consideration, As compensation for the Grant of the Easements
described in paragraph 1, Grantee shall perform the following one-time
maintenance on the Subject Property' slurry seal Eastvale Road and the private
road running north from Eastvale Road in the area adjacent to the property
described in Exhibit A The slurry seal work will be performed within six months
of execution of this Agreement.
Page 2 of 5
. . 9114
3, Term of Emerqency Access Easement. 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,
4 Aqreement Nonassiqnable, 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.
5 Maintenance, Costs and Expenses, 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,
6, Damaqe to Improvements. Any improvements on the Subject
Property removed or damaged by Grantee or Grantee's contractor shall be
replaced or restored by Grantee as closely to the original condition as possible,
7 Severance [)amaqes, Grantor and Grantor's successors and
assigns, hereby waive 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, and maintenance of said Easement.
8, Indemnification, Grantee shall defend, indemnify and hold Grantor
and Grantor's 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.
9 Time of the Essence, Time is of the essence in this Grant and
Agreement.
Page 3 of 5
. . 9115
10 Attornev's Fees, If any legal action or proceeding arising out of or
relating to this Grant and Agreement is brought by Grantor or Grantor's
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
11 Entire AQreement. This Agreement constitutes the entire
agreement between Grantor and Grantee relating to the above Easements, 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 effectunless it is in writing and
signed and recorded by Grantor and Grantee.
12, BindinQ Effect. This Grant and Agreement shall be binding on
and shall inure to the benefit of the heirs, executors, administrators, successors
and assigns of Grantor and Grantee except as otherwise provided in this
Agreement.
Executed on MRi )t;'1-\ ,2008
GRANTOR.
By lJt W}L..-,
Scott Eisenberg -<-
GRANTEE.
CITY OF POWAY
By
ATTEST ~
By ~ !I 0enl'-.
Salam Hasenin, City Clerk
(Signatures must be notarized)
Page 4 of 5
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9116
APPROVED AS TO FORM:
By ~C)~Q ~
Lisa A. Foster, City Attorney
Exhibit A: Legal Description
Exhibit B Map of Subject Property/Easement
Page 5 of 5
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9117
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~...e<'~~~~..c<'"~..5('~~~vC<"'~~~~r-t"~~.n('JX'>~...c<'...o<
State of California }
County of fJan ~D
onAMJ.rlfl fjIt before me, ' flu
personally ap~::red rn 1 CKeu
j
who proved to me on the basis of satisfactory evidence to
Q;"'~,~~l be the perso~hose name~ subscribed to the
within instrument and aCkno~o me that
~ executed the same in ' ir authorized
i MoIaIy PldIIIc - CaIIfomIa I capacity~, and that b~ signature~'1Jn the
Ian DIogo County -
C.._.~~~~~_lJ instrument the person ( ,or the entity upon behalf of
which the person.u>Vacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above Signature
OPTIONAL
Though the information below is not required by law, jtmay prove valuable to personsrefying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Allached Document
Title or Type ot Document: 0Vl1J1l:, 9f ~fJfl6 ":J-
Document Date: ~ 15 ,'1On ~ ,Number of Pages:
Signer(s) Other Than Name Above' ' r;obt tis-en 0~
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 - 0 Limited 0 General
D Attorney in Fact D Attorney in Fact .
D Trustee Top of thumb here D Trustee Top ct thumb here
o Guardian or Conservator o Guardian or Conservator
D Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~w~~~~~"~",>~~~~~"UV~~~~~~~~~~~~~~~~~~~"";0.
@2007National Notary Associahon. 9350 De Soto Ave., PO. Box 2402. Chatsworth, CA '.91313.2402. www.NationaINotary_org Item '5907 Reorder: Call TolI.Free 1-800 876-6827
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9118
CALIFORNIA, ALL.PURPOSE ACKNOWLEDGMENT
oc~.,.5('~...C('..,O(.',0('~~..e<"~..c<>~.nO.PO~~..c<>~..e'('~~~..a"~
State of Calif?rnia , ' }
County of lJan Df C'0 D
On 5// :izoo~ before me, e{ ~ CO'&(jnJ,
personally ap~:'ared 3tDbL 7:J Se.V1 hcrL~'" lo~rt N,m'
N e(s) ofSlgner(s\
who proved tome on the basis of satisfactory evidence to
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be the perso'll8} whose namG(5)@Jare subscribed to the
.' ~~~~,J78, J479 w,ithin instrument and acknowledged to me that
i ...., PuIllIc . CcIIl~.1k. I ~~ executed the same in ~i:lefI'their authorized
I ~ :::' ~'CoUnir 4 capacity(il>8J,andthatt(6lS/ber4Reir signaturem on the
- - - _ _~'":.=.~ _ -:.~~J inshtruhmthent the pe(~~l)(aTd' or thetednttihty UPton behtalf of
w IC e person 0/ ~cte ,execu e e inS rumen,
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
,
Signature
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable topersons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache? Document
Title or Type of Document~VL+ ~ t:ffif-4&tuy'cC2fVJZ4Sf(Yl 0 r1 * ~ A ~\'Yt \-
Document Date: 5/ \, LOO,8, Number of Pages: "1-
Signer(s) Other Than Named Above: Ie.,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual D Individual
o Corporate Officer - Title(s): D Corporate Otlicer - Title(s):
o Partner - D Limited 0 General RIGHT.THUMBPRINT 0 Partner - 0 Limited D, General
o Attorney in Fact OF SIGNER D Attorney in Fact '
o Trustee Top of thumb here 0 Trustee - . Top cf thumb here
o Guardian or Conservator 0 Guardian or,Conservator
o Other' D Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~~~~~'U'V~'U'V~~~~~~~~~~~~~~~~~~~~"S2V~~~~~
@2007National Notary AssoCiation. 9350 De Solo Ave., P.O. Box 2402 .Chaisworth, CA' 91313 2402. wwwNationaINo'tary.org Ilem #5907 Reorder. Call ToJl Free 1-800-876.6827
. .
:
9119
EXHIBIT "A"
LEGAL DESCR]PT]ON
APN 278-18] -05
That portion of the Northeast Quarter of the Southwest QUqrter of Section 32, Township
13 South, Range] West, Sal1 Bernardino Meridian, i1,1th~'County of San Diego, State of
California, according to the:Otlicial Plat thereof, described as follows:
The Southerly 15.00 feet of the following described land,
COMMENCING at the"Southwest corner of the Northeast Quarter of the Southwest
Quarter of said, Section 32, being an angle point in thebol!ndaryofthe land described in
deed'tothe:Department of the Veterans of the State of California, .recorded September 21,
1965 as File No, 170723 of Official Records; thence along the boundary of said land, as
follows: North 0]006'13" East, 611 67 feet; thence North 89040'51" East, 43172 feet to
the Easterly line of the land described.in deed to Edward Fellows, k, et ux, recorded July
I I, I952 in Book 4522, Page 360 of Official Records and,along said Easterly line"South
I60lO'00" East, 320 68feetto <in angle point in the boundary of said Department of
Veterans Affairs land and being ,the TRUE POINT OF BEGINNING, thence continuing
along the boundary of said Department of Veterans Affairs,as follows' Nortli'89041' 40"
West, 245 70 feet; South 00018'50" West, 321.33 feet to the Southerly line ofsaid
Northeast Quarter of the Southwest Quarter; andalongsaid,Soutberly line, South
89041"40" East; 3 JO:OOifeet', more or less, to the Southeastcomer of said Fellow'.sland,
thence' along 'the Easterly line of said land, as follows: North 10026'30" West, 211 71
feet; and North 16010'00" West to the TRUE POINT OF BEGINNING
EXCEPTING THEREFROM'ahy portion not lying within Grantor's lands,
All as shown on the plat attached herewith and made a part hereof
Prepared By'
Nolte Associates, Inc,
f?J G-. (hhi ffi f/Z'i/o fJ
Paul G. Robotta, LS, 5334 Date
N \SDB042800\DOC\LEGALS\APN 278-181-05,DOC
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PARCEl.. MAP 11254 SEC 32 (alRUu.D/1RIPAI.DI)
APN 278-180-70 T 13 S R 1 W
(EWS)
~ INDICATES EMERGENCY ACCE:SS AND THIS PLAT WAS PREPARED BY ME OR UNOER MY
EVACUATION EASEMENT DIRECTION IN CONFORMAN<:E W1lH THE LAND
AREA = 4,758 S.F OR 0.11 AC. SURVEYOR'S ACt ON APRil 24, 2008.
GRAPHIC SCAJ.E fZj G TZv ~u7/; 'tl~7;6t;
0' 50' 100' 200' PAUL G. ROBOTTA LS 5334
SCALE 1"- 100'
HIGH VALLEY SHEET NUMBER
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II ,EXISll~G 30' ~RIVATEI ROAD E~,,~ENt, I, \\, ~ "oJ' C "jL II [:' ':f'
.1 SO PER DOC NO, '129625,.REC, AUG.'i23; " .. J" II ,] ""
L L1957 IN' BOOK 6721, PAGE 550, O,R ' ,
1::40' IS' , 15"
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PARCEl.UAP 11"254 ~EC 32 (aTRUu.D/1RIPALDI)'"
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,APN. ,278-180-70T. 13S RIW
. (Ews)
~INDICATES EMERGENCYAC~SS:ANQ lHlS PLAT WAS! PRERARED BY'MEOR UNDER MY
, ,mCU,AllW EASEMENT "', . DIRECTION IN CONFORMANCE Willi' lHE' l!AND
~EA= 4;758S[ OR,'O,11 ~C, SORVEYOR:Sl Act ON ARRI[ 24, ;2008:
GRAPHIC ,SCALEfldG.. rto' 0u~ 'ti~7jq~,
0' 50' 100' 200' PAUlG. ROBOTTA lS 5334
SCALEJ"= 100'
HIGH VALLEY SHEET NUMBER'
" EMERGENcy AceEsS ANDEVAGUATlON EASEMENT 1
.1&:lo"i'o e'iClliEeRlilG Of1 SHEETS
""_"--'IIEIII '~ PlEPAIB)Fat aiYOI=I'OrAY DATE8l.BIT1B) ,N'II.!,2l108 ,JOB'NUMBER
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9121
'"
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated May 15, 2008, from Scott Eisenberg, 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: ? ;3" /08' CITY OF POWAY
/ I
Seal: By ~~ );~~/~
Salam Hasenin, City Clerk
M:\CIP _Development\CIP Projects\1297 High Valley Rd. ER Access\Easements\Eisenberg Certificate of Acceptance-City,doc