Grant of Temporaty Construction and Emergency Access Easement and Agreement 2008-0290156
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-, - -. 001 2008-0290156
IP
11111111111111111 111111111111111111111111111111111111111111111111111
PV RECORDING REQUESTED BY MAY 29,2008 4'52 PM
CITY OF POWAY ClFFICI.^.L RECClFIClS
',.~I'I DIECiCl CClUNT, RECI:IF:DER"; ClFFICE
12639 CiREbUR'r J. SMITH. cClum'! REcnm'ER
\O~ Exempt from Recording Fees FEES 0.00 \ "c.'(S 2
(Government Code section 27383) Cle t'l,/.J
. ~ vJrr PAGES: III
OcJ-1 WHEN RECORDED MAIL TO'
Ieof' 11111111111111111111111111111111111111111111111111111111111111111111111111111111
CITY CLERK
(\1 f CITY OF POWAY
POBOX 789
POWAY, CA 92074-0789
APN No. 278-181-04 SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF TEMPORARY CONSTRUCTION AND EMERGENCY ACCESS
EASEMENT AND AGREEMENT
This Grant of Temporary Construction and Emergency Access Easement
and. Agreement ("Grant and Agreement") is entered into on
~1 q ,2008, by and between Robert C and Bonita R. Welch,
as tru ees of the Welch Revocable Declaration of Trust dated July 24, 2000,
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 14812
Eastvale Road, and Assessor's Parcel Number of 278-181-04, 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 those
certain portions of the Subject Property described in Exhibit "A" attached hereto,
as a part of the High Valley Emergency Access Road Project ("Project"), for
temporary construction purposes, and 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.
Page 1 of 5
OG -Qd-1.
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12640
C The purpose of the Project is to create an emergency access and
evacuation route for the benefit of the residents of the Migh Valley community,
including the Grantor At the present time, High Valley Road is the only access
route into arid out of that community The emergency. access and evacuation
route will provide a secondary route into and out of the community for re'sidents
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 30-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.
D Grantor is willing to grant Grantee an easement over those certain
portions 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 TemporarY Construction Easement.
(a) Grant of Temporary Construction Easement. For valuable
consideration, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee a temporary construction and access easement for construction
activities associated with the construction of the High Valley Emergency Access
Road Said Temporary Construction Easement shall be over, under, and across
the Subject Property, as more particularly described in Exhibit A (Legal
Description) and Exhibit B (Map of Subject Property), which are attached hereto
and incorporated herein. Grantee shall have the right to deposit tools,
implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of
exercising Grantee's rights pursuant to this Temporary Construction Easement.
(b) Term of Temporary Construction Easement. This Temporary
Construction Easement shall begin at the end of ten days notice to Grantor that
Grantee intends to enter upon the Subject Property to commence construction,
and shall terminate at such time as the construction is completed and a Notice of
Completion for the project is filed and recorded at the San Diego County
Recorder's Office by Grantee.
Page 2 of 5
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12641
2 Grant of Emeraency Access and Evacuation, Easement. Grantor
grants to Grantee ari Emergency Access and Evacuation Easement upon, over,
and across that portion cif'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 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 and termination of the
Temporary Construction Easement described In paragraph 1 above, 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 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.
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
3 Consideration As compensation for the Grant of the Easements
described in paragraphs 1 and 2, 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.
4 Term of Emeraency 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 2 above
5 Aareement Nonassianable 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.
6 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
Page 3 of 5
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12642
7 Damaae 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
8. Severance Damaaes. 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.
9 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.
10 Time of the Essence Time is of the essence in this Grant and
Agreement.
11 Attorney'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 prevailirig party
12 Entire Aareement. 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 effect unless it is in writing and
signed and recorded by Grantor and Grantee
13 Bindina 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 othelWise provided in this Agreement.
Page 4 of 5
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12643
Executed on ,2008
GRANTOR.
WELCH REVOCABLE DECLARATION OF TRUST DATED JULY 24,2000
By ~
By~ik- rf. D.~)cz.Q..p )-r:~~
Bonita R. Welch, Trustee I
GRANTEE.
CITY OF POWAY
By
ATTEST ,
By s-L );C>-J8vlI~
Salam Hasenin, City Clerk
(Signatures must be notarized)
APPROVED AS TO FORM
By ~~O~
Lisa A. Foster, City Attorney
Exhibit A Legal Description
Exhibit B Map of Subject Property/Easement
Page 5 of 5
. .12644
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
e<>,G('~~~..c<'~~~~~~~~~~~~.c<'~~~~~~..e<'~..c<'~..c<
State of California . }
County of ~tf,n bJUj 0 GULf/S Pub/IC
orAfaq 1~2a>8
Date Here Insert Name and Title of the Officer
personally appeared r?fi
.~~~:~1 who proved to me on the basis of satisfactory evidence to
be the persorMwhose name~pl'e' subscribed to the
within instrument and acknowledged to me that
i NlIkUy NlIIc . CallIaiJila I ~RQAAey- executed the same ir([i]Slhsf.'tReir authorized
l!an DIego County _ capacity\ie11. and that b~ir signature(~n the
l_ _ _ .~-:'~~~2lIIl I instrument the persoo.(sk or the entity upon behalf of
---
which the personW acted, 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
OPTIONAL
Though the information below is not requi~e.d qy 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
Title or Type of Document4rdnfWlefrJlfrJ,f'1 tf/l$f, ~ emerqefle~ ()~C;~(aCf.rYJefJf: iff A:,m-t-,
Document Date: q 2/)Q ~ Number of Pages: '::J..
Signer(s) Other Than Named Above: It, :P ~ R. eJth tiIli US' to. V
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Indiviaual.
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General RIGHTTHUMBPAINT \.D Partn.er --0 Limited 0 General RIGHT THUMBPRINT
o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER
o Trustee Top of thumb here o Trustee Top of thumb here
D Guardian or Conservator o Guardian or Conservator
o Other' Oath,,,,
Signer Is Representing: Signer Is Representing:
~~~~'YV~~~~~~~~"UV-.~~.;;~;,,~~~~~~~~~~~~~~~~~~'L:V~'<=:.V~~'U<,
1tl2007 National NOI8f) Assooation. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA~ 91313-2402' www.NalionaINotary.org Item #5907 Reordor: Call Toll-Free 1-800 876-6827
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12645
ACKNOWLEDGMENT
State ofCaliiQfnia 7\_'
County of dA/VI d:71~) )
on~ q l2.00~ beforeme,_t-,:lttbl.e iV'ltlM~nfe~ 'VlA.bl,c...
(insert name. ana title 6 the offi )
personally appeared t " ,
who proved to me on the basis of satisfactory evidence to be theperso whose nam@is@
subscribed to the within instrum~' and aCknOWledged~O that he/sh e ex. ecuted the same in
his/her/~authorized capaci (ies, and that by his/he . signat e on the instrument the
perso~or the entity upon be a f of which the perso s acted, 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.
~ ~ - - - - - - - - - - - ~
NICOLE MANZANO
WITNESS my hand and official seal. _@'cornrnlsslon#1493526
'! < -0 Notary Public. California ~
~. San Diego County ~
_ __ ~ ~o~m:. Ex~lre~ J~ 1, 2008
Signatur (Seal) -
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126'46
EXHIBIT "A"
LEGAL DESCRIPTION
APN 278-181-04
Thatportion of Parcel 1 ofParcell\1ap No. 9515, in the County of San Diego, State of
California; filed in the'Office ofthe County Recorder of San Diego County December 20,
1979 aSiFile No. 79-53'1989, more'particularly described as follows:
The Westerly 20 00 feelthereof,
TOGETHER WITH.
The Southerly 50 00 feet oftheWesterly 40 00 feet thereof,
TOGETHER WITH.
The Southerly 15 00 feet thereof
EX<;:EPTING THEREFROM any portion not lying withill'Grantor's lands.
All as shownonthe plat attached 'herewith and madea.parthereof
Prepared By'
Nolte Associates, Inc.
1iJ ('1. fZ~.1h cf/b74e
Paul GRobotta, L.S 5334 Date
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N \SDB042800\DOC\LEGAtSIAPN'278-181c04,DOC
EXtBT '8'
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/,JCJI./ 7
NIl' 1/4 SIf 1/4 NE 1/4 Sw 1/4
SEC 32
T 13S R 1 W
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I PAR 1
PARCEl.. MAP 9515
APN 278-181-G4 APN 278-181-05
(mal) (EISENBERG)
,EXISTING. 30' PRIVATE ROAD EASEMENT
50 PER DOC NO, 129625, REC. AUG, 23,
L1957 IN BOOK 6721,PAGE 550, O,R
15'
NW COR, SE1/4, SWl/4, EASTVAIL_ROAD jPRlVAlE) __
SEC. 32, T.13 5., R,l W. --
- r -'---"=--= ---l---------------
EXISTING 20' EASEMENT FOR 20' 15' PAR 2
ROAD AND UTIUTY PURPOSE SE 1/4 Sl'f 1/4 PARCEl.. MAP 9515
PER DOC NO, 1().4740, REC, PAR 1 APN 278-180-51
.AJLY'18, 1967, O.R PARCEl.. MAP 1.1254 SEC 32 (a1RlILLO/TRIPAUll)
APN 278-180-70 T 13 S R 1 W
Sl'f 1/4 Sl'f 1/4 (EWS)
I
~ INDICATES EMERGENCY ACCESS AND lHlS PLAT WAS PREPARED BY ME OR UNDER MY
EVACUATION EASEMENT .AND lEMPORARY DIRECTION IN CONFORMANCE 'MlH THE LAND
CONSTRUCTION EASEMENT, J'lJ1{vEYOR'S ACT ON A~IL 24, 2008,
AREA = 16,838 S,F OR 0,39 AC,
GRAPHIC SCALE t1v--f~, (1.1;:07. i!Z9!ot
0' 50' ,lOa' 200' PAUL G, ROBOTTA LS 5334
SCALE 1":- 100'
HGHVALLEY SHEET N\J1IllER
BAEAGENCY ACCESS AND' EVACUATION EASEMENT 1 I
11",0 ID II Q II 11111 Q ANDl'B.4PoRARYcoNSlRuc11ON EASEMENT IX 1 SlEETS
__(II~..' .....CIlD I'IEI'AIlED Rft aTYOF FaIIAY DATE llII!IIl1B) IF" ?1ft JOB NIJl.;BER
.......a _I'll R..... 'IliII'IIM EIIlIlO4"-JOO
N'\Sdl1042BOO\~~d~\Sur~~y\EASEHENTS,d.g 4/29/20mi' 8'4402 AM PDT
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NW 114 St' i/,4 , NE ,tf4 ,st 1/4
, SEe 32,
,T''138 Re 1 Wi
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I pAR'l
PARCEL MAP ;9515 ..
AAf2n-,l81...,04' AP.N: 27~181'-05
(mg:il., :(E1SENBERG)
" 50' EXiSllNG:30" PRiVATE 'ROAD E~SEMENT
i!ER DOC ,NO,129~~?, REC"AUG, 23,
. 1957 IN BOOK 6721".PAGE,550,O,R
40' 15.' .EAs'TVALE'ROAD (PRlVAlE)
NW'COR .SE114 'SWf!4'
'.-. _~_ "' t-. "' _', __ . I
"SEC.. '32"T13',S"R.l 'w. - _._,- - -......- _.- _._- ,--
~'r ~i-C- -=- -,- - "- -~ --:l-~ - - -,-~ -'- - -'-,,-,,~ -.;-., .
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, '
EXISTING.. 20'-',EASEMENT ,~OR~ :W 'IS' ", .PAR 2. ' ..'
. ROAD'. ANO UllUTY PUR~OSE ," - , . PARCEL MAP 9515
PER DOC NO.. 104740,.. REC, PAR 1 8E' 1/4-SW V4- APN' 278-180-51
, ,.. -. . ~ '- " (Cl'rRuu.6/fRiP,Ailit)
:JULY 18. 1967, O.R.. PARCEl MAP 11254 SEe 32
APN.218-180-70 T 13'8 Rl,W
'SW 1/4- :SW, 1/4- ' '(EllJSl
I
'~ INDICATES;El.tERGENCY ACCESS AND THIS :PLAT WAS PREPARED BY ME 'OR ,U'NDER MY
,. ,EVACUATION 'EASEl.tENT AND ID4PORARY :DIRECTlON' IN CONFORMANCEI'I11H THE LAND,
CONs1Ruc1\ON :EASEMENT :SURVEYOR'S ACT ON. AP.RIL 24, 2008:,
'AREA ';; 16,838 S,E 1000;39 AC,
. f1;;~.rt~ ,1i~ 112 ~!ot .
. ;GRAPHIC'SCALE
0' '50;' '100'" 200' 'pAUL,.. G,ROBOTTA ' LS5334'
SCALE 1"d,'100' ,
HGtfVAtLEY . SHEET NUllBER
t
EMERGENCY ACCESS AND EVACUA 110N EASEMENT
ANDrEUPbfWiY,CC>NSTfilJGTJbN EASEMENT ,OF ,
B l,y,O i(D E .CiYlli!'ER ,". Q 1 SHErn
."'-.aQUIIIQ _1EIlCA..' cirrQ=POWAY _ . ,0 ~. =-- ~-~ . JOll NUllBER
_lB._III;- ~'IIIt'rIII_' PlEl'AIB) faIo' 1)A1E~ ate042800
.N'\sdbo42S00\C.dd'Su~vey,EASEMENTS.d'9" 4/29/2098 S'44J52, AM P~T
,,. ~ ',..-
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12648
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated May 9, 2008, from Robert C and Bonita R. Welch, Grantor, to the City of
Poway, Grantee, a political corporation and/or governmental agency is hereby accepted
by the undersiglled 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 ~/2 ?Jo l?; CITY OF POWAY
Seal: By' ~LAt"'-?e-vwl,
Salam Hasenin, City Clerk
N:\city\share\certificate of acceptance-city.doc