Grant of Easement for Joint Use of Driveways 2002-0573816
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2002,0573816 JUL 09. 2002 9:17
AM
OFFICIAL RECORDS
RE€(QRDING REQUESTED BY ) SAN DIEGO COUNTY RECORDER'S,OFnCE
) 004565 GREGORY J. 'SMITH" ClJOOVRECORDER
CITY OF POW AY ) FEES: 40.00 .
) DC: Nil
WHEN RECORDED MAIL TO' )
rlYp )
CITY CLERK )
1~ CITYOFPOI/'iJAY )
,(\ P O,BOX 789 )
@!,J, POWAY CA 92074 )
'- \ )
No Transfer llax Due ) (This,space for Recorder's Use Only)
,APNs: 317-101-31,32,49.50
Grant of. Easement for Joint Useiof Driveways
(Please Jill'iil document title on this line)
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GRANT OF EASEMENT 004566
FOR JOINT USEOF DRIVEWAYS
THIS GRANT OF EASEMENT is entered into this /0 day of ~ ,2002, by
Poway Library Plaza; LLC, a limited liability company and the City0'of Poway (hereinafter
referral to as "Grantor''). Taco Bell is hereinafter referred to as "Grantee"
RECITALS,
Properties,
Grantor is the owner of certain real property commonly known (or described) as 13140
through 13156 Poway Road, located in the City of P6way, California, more particularly
described in the legal description Exhibit "A", Page 1 of 4, attached hereto, and
incorporated herein by this reference, and shown on the plat map, attached as Exhibit
"B" as Parcel 1
Grantor is the owner of certain real property commonly known (or described) as 13166
. . - .
through 13172 Poway Road, located in the City of Poway, California, more particularly
described in the legal description Exhibit "A", Page 2 of 4, attached hereto, and
incorporated herein by this reference, and shown on the plat map, attached as Exhibit
"B" as Parcel 2,
Grantor is the owner of certain real property commonly known (or described) as 13202
Poway Road, located in the City of Poway, California. more particularly described in
the legal description Exhibit "A", Page 3 of 4, attached hereto, and incorporated herein
by this reference, and shown on the plat map, attached as Exhibit "B" as Parcel 3
Grantee is the owner of certain real property commonly known (or described) as
13112 Poway Road, located in the City of Poway, California, more particularly
described in the legal description Exhibit "A", page 4 of 4, and shown on the plat mat
Exhibit "C" as attached hereto and incorporated herein by this reference Taco Bell is
the Lessee of said parcel.
Grant of Easement:
It is the intent of the Grantor, in entering into this Agreement, to provide mutual
easements for ingress and egress over driveways for the subject properties,
1 Grant of Vehicle Inqress and Eqress Easements, Grantor hereby grants to Grantee,
its successors and assigns, vehicle rights-of-way and easeme[lts for ingress and
egress, and purposes incidental hereto on and over drivew~y and parking lot portions
of Grantor's property, as shown on the Site Plan attached hereto as Ext)ibit "0" and
incorporated herein by this reference, Said Grant of Easement is contingent Llpon
Grantee granting to Grantor a similar easement access on the northerly portion of
Grantee's property to Tarascan Drive Both easements shall become effective only
upon the recording the second such easement
Page 1 01'2 ~
. . 004567
2, Joint Use The easements granted in Paragraph 1 above are intended to provide for
the joint use of the parties hereto The easements herein granted shall be
appurtenant to and run with the land
3 Permitted Users. The easements granted herein may be used; on a non-exclusive
basis" by Grantee as expressly provided in this Grant of Easement and each tenant of
any such Grantee and their respective officers, directors, employees, agents,
contractors, sublessees, customers, visitors, invitees and licensees, and by such
service arid emergency vehicles and personnel as shall be necessary and appropriate
to the lawful use of the benefits Parcel.
4 No Obstruction, Grantee shall not use or permit the use of the easements granted
herein so as to interfere unreasonably with the use of Grantor
5 General Provisions
14 1 Enforcement. Attorney's Fees, Grantee, until such time as it no longer owns the
Parcel, shall have the right to enforce this Grant. If Grantee files an action of
proceeding to enforce this Grant, the prevailing party shall be entitled to recover from
the other party or parties all reasonable expenses, attorneys' fees and costs,
14.2 Indemnity Grantee (the "Indemnifying Party") assumes the risk of injury to and
death of person and damage to and destruction of property in connection with its use
of the easements granted to it hereunder and, except for the gross negligence or willful
misconduct of the Grantor, agrees to defend (with counsel reasonably satisfactory to
the Grantor), indemnify and hold harmless the Grantor, its agents, partners, directors,
officers, and employees, tenants and invites, against any and all claims, losses,
damages or liabilities, iDcluding, without limitation, injuries to or death of persons,
whether employees, contractors, tenants or invitees, of the Grantor or others, and
damage to or destruction of property which arise out of or relate to the use by the
Grantee, its agents, employees, tenants, guests or invitees of the easements granted
to the Grantee hereunder
IN WITNESS THEREOF THE grantor hereby has executed this Agreement the day and year
first herein above written,
POWAYUBRARY PLAZA, LLC CITY OF POWA Y
.
By' ,
Page 2 of2
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CA,L.IFORNIA ALL.PURPOStACKNOWLEDGMENT . 004568
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and acknowledged to me that he/she/they executed the W
"1 same in his/her/their, authorized capacity(ies), and that by t4
~~'> his/her/their signature(s) on the instrument the person(s), ~~."
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~ Title or Type of Document: ,a.d- ~ ~'^O ~ ~
~ Document Date: j~ \0 I ")..CC~ Number of pages::2... ~
~ Signer(s) Other Than Named Above: ~OL~ L-. . ~~Sof'
~ Capacity(ies) Claimed by Signer(S):
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· · 004569
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California }
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personally appeared :r/1-mt~ L. ~u)en.o)(
Name(s) a/Slgner(s)
&' personally known to me
I' 0 proved to me on the basis of satisfactory
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1 ~ SHERRIE 0 WORREll
_ COmmlaaIO~'1223093 ~ to be the person(j) whose namey() ~are
: i' Notary Pllbllc. eaRfomla f subscribed to the within instrument and
1 ~ _ _ _ _My~'~~:::'2003f ~~:no:~~~ed ti~ me@lt,~T,I~7:t1'''~~~~~~:~
, - - - capacity(i~), and that by ~/"'ef/tAeir
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acted, executed the instrument.
WITNESS my hand and official seal.
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Place Notary Seal Above Signature of Notary Public
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OPTIONAL
Though the information below is not required by 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 Document Gra (It- ~ Ft],~('{lenf -Jt. Use ~ OrHeu:a.ys
, Document Date: :June \ 0, J<Xl.;t Number of Pages: II
Signer(s) Other Than Nam,ed Above: -"'D IY'I n')el~O,er
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Top:r thumb here
o Corporate Officer ~ Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
I 0 Guardian or Conservator
1
o Other'
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Signer Is Representing:
I
e 1999 National NctaryASSQCiaI>on. 9350 De 5010 Ave" P.O. Bo~ 2402' ChalSwOr1h, CA 91313-24Ol" www,natioMlnotary,org Prod. No. 5907 Reorder. CaI1Tol~Free 1-800-876-6827
. .
004570
EXHIB,IT "Ai;
LEGAL DESCRIPTION
FOR
PARCEL 1
ALL THAT PORTioN OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS
PARCEL 1
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG THE EAST LINE OF SAID QUARTER
1. NORTH 1040'30" EAST, 5000 FEET TO A POINT ON THE NORTHERLY BOUNDARY
OF THE PUBLIC ROAD KNOWN AS POWAY ROAD-R,S, 944 & RS 1713" SAID
POINT BEING POINT A OF THIS DESCRIPTION; THENCE CONTINUING ALONG
SAID EAST LINE
2, NORTH 1040'30" EAST, 340,02 FEET TO A POINT ON THE~SOUTHERL Y BOUNDARY
OF HERITAGE HILLS UNIT NO 4, MAP NO 6486, THENCE ALONG SAID
SOUTHERLY BOUNDARY OF HERITAGE HILLS UN,IT NO 4, MAP NO 6486,
THENCE ALONG SAID SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT NO 4
3, NORTH 89008'30" WEST, 23,92 FEET TO THE TRUE POINT OF BEGINNING,
THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY AND THE
SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT NO 1, MAP NO 5934
4 NORTH 89008'30" WEST, 458.49 FEET TO A POINTON THE EASTERLY BOUNDARY
OF THE PUBLIC ROAD KNOWN AS TARASCAN DRIVE, THENCE ALONG SAID
EASTERL Y BOUNDARY
5 SOUTH 1033'47" WEST, 31976 FEET TO THE BEGINNING OF A TANGENT 20 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, THENCE SOUTHERLY,
SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90042'17" A DISTANCE OF 31 66 FEET TO A POINT ON THE
NORTHLY BOUNDARY OF POWAY ROAD; THENCE ALONG SAID BOUNDARY
6 SOUTH 89008'30" EAST, 220,50 FEET TO A POiNT DISTANT THEREON NORTH
89008'30" WEST, 241 FEET FROM SAID POINT "A", THENCE NORTHEASTERLY IN A
STRAIGHT LINE TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THE WESTERLY 120 FEET - MEASURED ALONG THE
NORTHERLY LINE,
THE EASTERLY LINE OF SAID WESTERLY 120 FEET BEING DRAWN PARALLEL WITH THE
MOST VVESTERL Y LINE OF THE ABOVE DESCRIBED LAND AND THE SOUTHERLY
PROLONGATION THEREOF
C:',Tim\140 flol1'ay Libral1! P/azalAgreement GranlingEasemenfsjor Joint Use ofParkil1F{ and Drivell'ayslParce{ j Exhibit A_I.doc
Page 10f4
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004571
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
PARCEL 2
BEING,A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS
PARCEL 2
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF SAID SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, BEING AN INTERSECTION WITH THE NORTHERLY
RIGHT~OF~WAY OF POWAYROAD, ACCORDING TO ROAD SURVEY 944, THENCE ALONG
SAID EASTERLY BOUNDARY
1 NORTH 01'40'30"EAST 60.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID BOUNDARY
2, NORTH 88'50'38" WEST 165 04 FEET, THENCE
3. SOUTH 01 '04'39" WEST 61 34 FEET TO A POINT ON THE NORTHERLY RIGHT'OF-
WAY OF SAID POWAY ROAD; THENCE ALONG SAID RIGHT-OF-WAY
4 NORTH 89'08'30" WEST 76,59 FEET, THENCE LEAVING SAID RIGHT,OF,WAY
5 NORTH 33'59'15" EAST 406,01 FEET TO A POINT ON THESOUTHERL Y BOUNDARY
OF HERITAGE HILLS UNIT NO 1, THENCE ALONG SAID BOUNDARY
6 SOUTH 89'09'49" EAST 23,92 FEET TO A POiNT ONTHE EASTERLY BOUNDARY OF
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG
SAID BOUNDARY
7 SOUTH 01'41'14" WEST 279 53 FEET TO THE TRUE POINT OF BEGINNING
CONTAINS 0,804 ACRES, MORE OR LESS
C"\Tim!J40 Pow~' LibJ'{u)' PlazalAgreemenf Granting Easemenfsjor Joint Use afParking and Driveways\Purce/2 El:hibit A_I.doc
Page 20f4
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004572
EXHIBIT"N
LEGAL DESCRIPTION
FOR
PARCEL 3
BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTioN 13, TOWNSHip 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS.
PARCEL3
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF SAID SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, BEING AN INTERSECTION WITH THE NORTHERLY
RIGHT:OF,WAY OF POWAY ROAD, ACCORDING TO ROAD SURVEY 944, THENCE ALONG
THE NORTHERLY RIGHT"OF"WAY OF SAID POWAY ROAD
1 NORTH 89008'30" WEST, 16441 FEET, THENCE LEAVING SAID RIGHT,OF,WAY
2, NORTH 01004'39" EAST, 6134 FEET, THENCE
3. SOUTH 88050'38" EAST, 165,04 FEET TO A POINT ON THE EASTERLY BOUNDARY
OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
ALONG SAID BOUNDARY
4 SOUTH 01040'30" WEST, 6049 FEET TO THE BEGINNING
G:\Tim\/./O PUWl{V UbrurvPlu::alAgreement Grunting Easemenlsjor Joint Use of Parking and Dril'cwu}'s\f'urccf 3 exhibit A l.doc
Page 3 of 4
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004573
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TACO BELL
THEWESTERLY 12000 FEET, MEASURED ALONG THE NORTHERLY LINE OF ALL THAT
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWESTQUARTER OF SECTION
13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG THE EAST LINE OF SAID QUARTER,
1 NORTH l' 40' 30" EAST 50 00 FEET TO A POINT ON THE NORTHERLY BOUNDARY
OF THE PUBLIC ROAD KNOWN AS POWAY ROAD (RS 944 AND R S 1713) SAID
POINT BEING THE TRUEBEGINNING,
2, THENCE CONTINUING,ALONG SAID EAST LINE NORTH l' 40' 30" EAST 340.02
FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT
NO 4, MAP NO 6486,
3, THENCE ALONG SAID SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT NO 4
AND THE SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT NO 1, MAP NO
5934 NORTH 89' 08' 30" WEST 482.41 FEET TO A POINT ON THE EASTERLY
l _. _ , _
BOUNDARY OF THE PUBLIC ROAD KNOWN AS TARAS CAN DRIVE,
4 THENCE ,ALONG SAID EASTERLY BOUNDARY, SOUTH l' 33' 47" WEST 31976
FEET TO THE BEGINNING OF A TANGENT 20,00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY,
5 THENCE SOUTHER~ Y, SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH AA CENTRAL ANGLE OF 90'42' 17" A DISTANCE OF 31 66
FEET TO A POINT ON THE NORTHERLY BOUNDARY OF POWAY ROAD;
6, THENCE ALONG SAID BOUNDARY SOUTH 89' 08' 30" EAST 461 50 FEET TO THE
TRUE POINT OF'BEGINNING,
THE EASTERLY LINE OF SAID WESTERLY 12000 FEET BEING DRAWN PARALLEL
WITH THE MOST WESTERLY LINE OF THE ABOVE DESCRIBED LAND AND THE
SOUTHERLY PROLONGATION THEREOF
G, \7i'm\/40 Poway Librarv PfazalAgreement Granting Lasemcnts for Joillt USe of Parking and Dnvl'wQvslTaco Be!! Exhihit A l.doc
Page 4 OF 4
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HERITAGE HILLS UNiT NO, 4 CO r;j
HERlrAGE HILLS UNlr NO.1 I t:i
MAP NO. 5934 I MAP NO. MBS T.p.a.B. to :cJ
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--Ar- N 89'08'30' W 482,21 PER MAP '('10. 5934 & DEED I I
-- - - - - I _ I
T SEItER EASEMENT TO POMERADO . I
COUNIY WA TER DISTRICT RECORDED 23,92 I I
OH5-1968 AS FILE NO, 7937 I I I
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.O.S. 2407 ~ () ,
"t:l I DRAINAGE EASEMENT fa' <!f 'lJ
~ TO SAN DIEGO COUNIY FLOOD , q.
o CONTROL DISTRICT RECORDED , <1,<<5 I I :00
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- ~ 10-16-1974 AS FILE NO, 74-276779 'I fa'? PARCEL 2 ~ ~
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~ ~ {l4 OF NW 1/4 PARCEL 1 APN 317-10H ~ :00
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~ ~ I SEC. 13, 114S, fl2W OW LOT UNE ' c:, CO
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Eo-< N Ii 89'08'30' W ~ :x.. 0
.-I WATER EASEMENT TO POWAY MUN. 100,00'::': f;j <
to
.-I WATER DISTRICT REC, 11-18-1976 / I b ~ I -<
:.l AS FILE NO, 76-386246 ~ ;; I
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LNEW LOT UNE I I
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BASIS OF BEARINGS: a I I
THE BASIS OF BEARING IS THE CENTfRUNE OJ
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VICINITY MAP
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PARTNERS
Planning and Engineering GRAPH/CAL SCALE
9939 Hibert'Street. Suite 203
San Diego. CA, 92131 PLAT MAP
Ph. (858) 695-3344 EXHIBIT "E"
Fax, (858) 695-3117
. . 004575
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Taco Bell
13122 Poway Roag
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004576
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