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Grant of Easement for Ingress and Egress 2001-0132840 --r",-, "\. , ~ ~~ f1 .1'< {jJ~1t ~~,j \ U'" . . 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' ~tynotr1a ~ . fj,fJ! ~ 6 -tria; .' .J 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 . .. -. ., .",,,. 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"). . ,<O<I-Iq I /)/'-/).39 'f . . Easement or 10m p 2 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- . . Easement 01 10m p..J 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 ,- 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. r-- -- ~ - - -, ..... . 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",/ , ' - . CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT ""-=~. ~ ~ '_.'.="&=""""====~,.<;;,},,,},,~~,<X~_==~~'Y.' . K'I 'I 'I ,I . 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} I.. - - ~ER~E.b. ;O;fu.. -~. _' ,'" . Cc>mmisslon # 1223J93 .; l' . Notclry Public - Cafifanla ~, z San Caun1Y - j - ~. 'f - -',~ -My~~..:.~~~~~, 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. ~~ 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 'I 'I " 1 'I 1 " ) ,) ,) ,) 1 ) ,) 1 ) ,I I ,) 'I 1 1 ,) ,) ,I ,) 'I ,I ) 'I ,I ,I 1 1 1 1 ,1. -:); ;: . . 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 -, ATTACHMENT I B II .' CITY OF POWAY. COUNTY OF SAN DIEGO. Sf A TE OF' C'AL I FORN I A I 1 : 20': 1 ~__________________________ 1 I 1 I I 1 .EC R:JVJ 0 N-r 1 I 1 I 26 I 1 I 1 I PARCEL 2 , >- !l 8LOCJ< I ~: J is 1 .....J 1 1 <i 1 1 I 1 I I 1 I 1-------------------------- I 1 I 1 : 20': 1 I I I I 1 ---------------~-------------------------- JVJ A P U: NO" 3 3 J Iw>-I II-WI I <t -' I IU -' 1 I;; <t 1 I 1 I 1 PJ ct EDGEMOOR SCALE ,"; 50' DArE DEC 15, 2000 DRAWN BY D.BEYERBACH ALLEYVAC1.DGN CHEC~ED BY D.~NELL JNI1445/PDWAY Cl <i 01 0:: - " N - " N PARCEL 1 PARCEL 3 25 - N f'- 24 Cl Z <i .....J Cl - ~ 23 1 ~ STREET 1 I SKETCH TO ACCOMPANY LEGAL DESCRIPTION . . 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 , -~ Dated' \fl \flAeJl '11 ;).00 I By' JbIl1J~ OtDnwQ I ~-'i~ cltJc. Lori Anne Peoples, City Clerk \accept.cer