Grant of Easement for Ingress and Egress 2001-0132840
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DOC # 2001-0132840
RECORlVrNG REQUESTED BY
AND WHEN RECORDED MAIL TO:
Mar 08w 2001 a:12
AM
OFFICIAL. RECORDS
SAN.DIEGO'COUNTY RECORDER;S,OFFICE
GREGORY J. SMITH,COUNTV RECoRDER
FEES: 0.00
OCi NA
WAYS: 2
City,oerk
City of Po way
POBox 789
Poway, Ca. 92074-0789
(Space Above This Line Fo{Recorder's Use)
The undersigned grantor( s) decliue( ~.);.
DocumentarY Transfer Taxjs,$ tJ
() computed on full value of property conveyed, or
() computed, on full valueless value,ofliens.and encumbrances
remaining,at'time of sale.
() Unincorporated area: (x) City of'Powav'
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AGREEMENT and GRANT OF EASEMENT'for INGRESS and EGRESS
This Agre~ment and Grant of Easement, for benefit of non"exc1usive unimpeded ingress and
egress in perpetuity (the "Agr~emene'), dated J an. 29, 2001 f()r reference purpos-es
only, is.entered into:by and betWeeh.old Poway LLC, a California Limited Liability
Company ("Grantor") and the City of Po way ("Grantee"), ,with reference to the f6110wing
facts:
A. Grantor is the owner oftl1i1tceitairueal propeI:ty, bounqeq by Midland Road, Temple
Street, the . alley running N'S oetween Midland'Ro<i,d and Sycamore Avenue, and the
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southerly properly line oflot 25in.Block 16 of Piermont, in the 'City of Poway, County
of San Diego, State of California, according to'Map Number 331, filed in the Office9f
theSah Diego CQunty Recorder Grantor is'developirlg a cOffiIllerciaI center, comprised
ofoffice,r"etail and restaurant uses, upon. the foregoing described real property (the "Old
Poway Village" developmeIit).
B Grantee.is thecontr()lling inteJest ofthat,partigular rea] property,,20 feet in width,
dedicated for alleyp~rposes; extending from Teriipl~,Streetto Edgemoor St., being
situated approximately'21O'ft. west ofahd parallel to, the centerline of Midland Avenue
(the '~Alley"), the southerly portion of which is shown in Exhibit "B" attached hereto
C. BQth Grantor and,Grantee understand and are aware that Pacific Bell, a California
Corporatiorlo("Pacific"), is, owner of those two separateparce.!s, froqting Edgemoor
Stteefupoh which Pacific operates a Central Office switchingfacility (the "Central
Office"). .
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Easement
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D Grantor and Grantee understa,ndandconcur th,at,in ord~r to provide tele-
cOlprnuni~ationservices'tothefPowaY"area, Pacificis in need of expanding the Central
Office. The most viable meims,fotPacificto accompIish same, is to expand it's building
dfrecdy to the west. The,result of,said expansion will extend into, across and over the
southerly portion of the AlIey, prioLto its junction with Edgemoor Street, effectively
terminating,the alley approximately 75 ft. north of Edge moor Street.
E. Gr.antoraild Grantee are desirous oftetaining.thatcertain reasonable amount of
vehiCUlar circulation,and access provided by the Alley and agree that the most
reasonable way to accomplish.same'is to realign the alley, through the Old Poway
VillagedeveIopment, at the southerly most point feasible. Said unimpeded ingress and
egress shall.allow for unobst;ructed,access, from Midland Avenue to and from the alley by
way ofnol).-exc1usiv,e easeIllent (the "Eas,emenn, as inore;particularly described in the
attached Exhibit "A" and ShQWll' in.the attached'Exhihit "B", for benefit of Grantor,
Granteeiand the ,general public.
. NOW, THEREFORE, for valuable consideration, the parties agree as follows:
1 Grant of Easement. Grantor' hereby grants to Grantee, 6n behalf of the general public,
the Easement aildright ofwa"yJor the purpose ofuniinpeded'and unobstructed access
from.Midland Avenue to die Alley, through the parking lot of the OId Poway Village
development for purposesjpf general ingress and egress, 'fire control, fire or hazard
suppression, and any othereil:J.ergency or non-emergency matters within the realm of
responsibilities helClby Graptee,
2. Maintenahceand IinDrovement of Easement Area. Grantor shall improve, maintain and
repair the Easement area. N Q,structures, obstructions ,or otlJer materials may be kePt,
stored, park~d.or placed\on !:he-easement. Improvemenr,ofthe easement area. shall be
per thespecificatioris and standards"acceptable to the City of Po way City Engineer
3 Modification. This agreement alld ea,sement;shall be binciingon and inure to the benefit
of Grantor anci Grantee anf! the_ir respective heiis, successors or assigns and the general
public. B(jth GraritorandGniritee acknowledge that, in the event Grantor needs to alter
or revise the site plan, and/or circulation plan for the Old Poway Village. development,
to insurethat all access shalhemain in tact and unimpeded, without unduly burdening
the parcels of Grantor, Grantor and Grantee a~ee to the following:
3a. The.Easement.may be moved or relocated, subject tcireview and written
approval by Grantee, to accommodate thesale'and/or the development or re-
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Easement
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development of Grantor's parcels, so long as any such change, movement or
alteration to the Easem.~nt shall be subjectto.recordation of a mutually
acceptable instrument; executed by Grantor and Grantee, and recorded for
benefit of public record, wherein such changes are'clearly explained and
delineated by way of exhibit.
3b, Recordation of this agreement shall not take place until such time as Pacific
caus,es to be submitted, an application for a building pennino extend and
expand the Central Office,. or upon the earlier mutual agreement of Grantor and,
Pacific. In the'interim; execution. of this agreemen,tby and betWeen Grantor and
Grantee shall serve as evidence of mutual agreement to the terms and conditions
expressed within this instrument., In the event Pacific elects, for whatever reason,
not to proceed with,its expansion, Pacific shall cause' to be prepared, documentation,
mutually acceptable to, ahd for. signature by, both Grantor and Grantee, to terminate
this agreement.
Mail tax statements to: N/ A. not a transfer offee interest
Executed this
J 0. 1t;..
day of )(,V\~
/
/(/ot
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GRANTOR, OLD POWA Y I:LC, a Califomia.Limited Liability Company
Signed.
li' vntl'Y\t\^~
SUBSCRIBED AND WRN TO
BEF E ME THIS" "DAY
OF c}.
Title: Kevin McNamara. Managing Member
Signed.
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..... . OFFICIAL SEAL
_ !I BLENDA S, RlCHAROS'
fiJ' ,.; NOTARY PU8L1C-CALlFORNIA:!l
~. ~ . COMM. NO. 1225924 -
I .. SAN DIEGO COUNlY J
""~ MYCOMM.::P.JULYl6,2003
GRANTEE, CITy OFPOW AY
Title: C; Y k n J h<J p",/
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CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT
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State'of c..p.\-\ .\.or ('\ " 0.-
County of Sp.,0. D~(?su
On \=e brUAI\J \ 10 ,.;:JODI
\ Dale
personally appeared _Keo;(\
before me, 5heu,',oQ Ii) I}JOOC' I I ND'rnN ftb We,
Name and Tiile of Officer (e.g., Jarte Doe, Notary Pub~ic")
rf\ <- tV ffi'a.r 0... .
Name(s)ofSigner(s}
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_' ,'" . Cc>mmisslon # 1223J93 .;
l' . Notclry Public - Cafifanla ~,
z San Caun1Y -
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D,f.Jt::10ullally I<Fl8wn to me
j2i:proved to me on'the basis of satisfactory evidence
to be the persdn(sjwh6se:namefSX:@are-5ubscribed to. the
within instrument-and acknowledged to me'tha~51,c:jhq
executed'the,same'inJl!Sllkll'lI,,,;r authorized capacit)l\ie5t
and that by.JJj81I9i:,!lI,eir signaturejM on the instrument the
personJz}, or the elltity'upon behalf of which the person(~
acted, executed the instrument.
WITNESS my hand'and official seal.
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Signature ot Notal)' Public
OPTIONAL
Though-the information below is not required by Mw, it may prove valuable topersons relying onthe document and, could prevent
fraudulent'remo~af and reattachment of this'farm'to another document.
Description of Attached Document
Title or Type of Document ro m-\- -GeN'rt ef,.. to.::;eme(\f,
Document Date: ;:') -Pc-, " i',( '1 do, , ..;101) I
Signer(s) Other Than
~r ~8r~s.I8arr~
S-
Number of Pages:
Signer's Name:
Signer's Name'
o Individual
o Corporate Officer
Title(s):
o Partner - o Limited .D General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
o General
.
Top of thumb'here
Signer Is Representing:
Signer Is Representing:
Cl1996 Naliorl8l Notary Association 8236 Remmel Ave:, P.O_ Box 7184 . Canoga Park; CA 91309-7184
Prod. No 5907
Reorder: Call Toll-Free 1.800-876'6827
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ATT~cHMENT"'A"
LEGAl. DESGR!PTI0N FOR
INGRESS/EGRESS EASEMENT
Parcel 1
The North 24 feet onlle South 96 feet of Lot25 in .Block 16 in Piermont,. in the
i6lfyot Poway, County of 'San Diego, State of California, according to Map
Number 331 ,filed in the' Office onhe County Recorder of said County, May 27,
1887
Parcel 2
Those. portions of Lots 25 ,and 26 in Block 16 in Piermont,. in the City of Poway,
County of San Diego, State of Califomia, accordingtoi Map Number 331, filed in
the Office of the County Recorder of said County, May 27 , 1887, described as
follows:
Aspandrel shaped parcel bounded southerly by the, northerly line of the South 96
feet of said Lot 25, westerly by the westerly line. of said Lots 25 and 26 and
northeasterly by a cur:ve concave northeaster'ly, having a radius of 28 feet, and
which is tangent to the northerly line of said SoUth 96"feet of Lot 25 arid to the
westerly line of said Lot 26
Parcel 3
That portion of Lot 25, in BJ.cick 16 in Piermont, in the, City of Poway, County of
San Diego, State of Californla,according to Map Number 331, filed in the Office
of the COl:Jnty Recorder'ofsaid,County, May 27, 1887! described as follows:
A spandrel shaped parcel ;bounded northerly bythe'squtherly line of the North 24
feet of the South 96 feet of, sai(j Lot 25, westerIY't:>Y th_e westerly line of said Lot
25" and southeasterly by a curve concave southeasterly, 'having ,a radius of 28
feet, and which is tangent to said southerly Iineofthe North 24 feet oftheSouth
96 feet and to said westerly line ofLot 26
(JtaA.~. O. ,~
David 0 Knell PLS 5301 Date
D:lwPdocslpowaylegal.doc
Januaiy 3,2001'
See'sketch:onAttachment"B" attached hereto and by this reference.made a part hereof
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ATTACHMENT
I B II
.' CITY OF POWAY.
COUNTY OF SAN DIEGO.
Sf A TE OF' C'AL I FORN I A
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EDGEMOOR
SCALE ,"; 50' DArE DEC 15, 2000
DRAWN BY D.BEYERBACH ALLEYVAC1.DGN
CHEC~ED BY D.~NELL JNI1445/PDWAY
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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CERTIFICATE OF ACCEPTANCE
This is to certify thatthe interest in real property conveyed by the deed or grant dated January 29,
2001 from Old Poway LLC, a California limited liability company to the City of Poway, 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
,
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Dated' \fl \flAeJl '11 ;).00 I
By' JbIl1J~ OtDnwQ I ~-'i~ cltJc.
Lori Anne Peoples, City Clerk
\accept.cer