Grant of Easement and Agreement 2002-0021487
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JAN lO~ 2002 8:0~ A~1
RECORDING REQUESTED BY:
OFFICIAL RECORDS
SH',N, r'TE,Gr, "U-'I iNT'! '"c'-'U-"L",rro' c, U',rc",c
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GffGO~Y ], SHITH, COUNTY RECORDER
FEES: 0.00
OC:. f,ifl
CITY OF POWAY
AND WHEN RECORDED MAil TO:
CITYCLEI3K
CITY OF POWAY
P,O, BOX 789
POWAY, CA 92074
N()transfer tax due
Tax Paicel No. 323-480-05
(This space f()r Reco~cjer's USE!)
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT AND AGREEMENT
~~GrantofEasemert and Agreement ("Grantand.,Agreement") is entered into
on ar.?>L, 2001, by and between C.W. SCrippS Poway, ltC, a Cahforr;1I8 limited
Liabiiity Company, hereinafter referred to as "Grantor;:' and the City of Polivay, a
California general law city, hereinafter referred to as "Grantee", with reference to the
following facts the truth and accuracy of which are acknowledged by Grantor and
Grantee.
RECITALS
A Grantor is the owner of certain real property located in the City of Poway,
San, Diego County, California, and more particularly de.scribed as Lot 5 of Poway Tract
No. 87-13 Unit -2, Parkway Business Centre, in the City of Po way , County of San
Diego, State,of California; according to Map thereof Nci,13410, filed in the office of the
County Recorder of San Diego County on April 8, 199T'(hereafter referred to as the
"Servient Tenement").
B. Grantee is the owner of certain real property located ,in the City ,of Poway,
Sari Diego County, California, as more particularly describe,d in Exhibit "A" attached
hereto and incorporated by reference (hereafter referred to as the "Dominant
Tenement").
C. Grantee desires to acquire an easer:nerlt,over ancj under that certain
portion of the ServienfTenemerit described in Exhibit ;:Ef" attached hereto,for the
limited uses specified 'in this Grant and Agreement, and :on such terms and conditions
as are set forth.in this Grant and Agreement, together with the right to license others to
use such easement for such limited purposes on all cifthe terms and conditions of this
Grant and Agreement
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Q. Grantoriswilling togranl'Grantee an:easementover that certain portion
of the, Servient Tenement described:in Exhibit "S""attached, for such limited purposes
specifiedinthisGrant and Agreement, and:the righl'to license others to use"such
easement, 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.
Grant of Easement
1. SubjecUo ail.ofthe terms and conditions of tllis Grant and Agreement,
including this paragraph 1,Grantor grants to Grantee an easement appurtenant to the
Dominant Tenement over and under that portion ofthe Servient.Ten~ment described in
Exhibit'''S'' attached hereto and incorporated by reference,and that is depicted .for
illustratiQn purpo.ses only ori Exhibit "C" attached hereto, ,(hereafter re.ferred to as the
"EasementProperty"). The ~asement granted by this GraD! and Agreement isan
easementsolely and onlyJorGrantee, and pursuant to paragraph 2 for Graritee's
licensees, to construCt, reconsfruct, replace, repair, maintain, and use, under the
surface ofthe.Easement Property, such underground pipeline or pipelines and
underground,fjxturesand app,Lii1enances, including; but not limited to, underground
.facilities'for powertransmissibh and communication purposes, as arenecessary.to
serve and maintain telecommunications equipmenUoca!ed on the Dominant Tenement,
and owned, respectively, bY Grantee or Grantee's 'licensees, together with the right o.f .
ingress and egress upon, over, .or across the Easement Property, solely and only for
access to the Dominant Tenement and for the construction, reconstruction,
Teplacemerih repair, mainten~mce,and use of such underground pipeline and pipelines,
and underground fixtures and appurtenances as are allowed by this paragraph 1.
Right to License
2. Subject to all of the terms and conditions orthis Grant and Agreement,
Grantor grants to Grantee the right to license third parties (hereafter referred to in this
Grant and Agreement as "Iicensee(s)") to use the Easement Property solely and only
for'such licensees to construct, reconstruct, replace, repair, maintain, and use, under
the surface of the Easement Property, such underground 'pipeline or pipelines and
underground fixtures and appurtenances,including, but not limited to, underground
facilitieS .forpolNetlrallsrnissionand communication purposes, as are necessary to
serve and maintain telecommunications equipment locate'd on the Dominant Tenement
and owned by.suchlicensees, together with the right of ihgressand egress upon, over,
or across the Easement Property, solely and only for access to the DominantTenement
and forthe construction, reconstruction, replai::ernent; repair, maintenance, and use of
such underground pipeline and pipelines, arid underground fixtures and appurtenances
as are allowed by this paragraph 2. No license, granted by Grantee shall be valid or
enforceable, nor shall any licensee obtain any rigl:1ts to'use the Easement Property,
unless the license,granted by Grantee is expressly r11C!de subject.to all of the terms and
conditions of ' this Grant and Agreement, and unless the' iicensee expressly agrees in
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writing'to:C9rnply witt) :and be bound by all ofthe terms and conditions of this Grant and
Agreementap'pjicable to a ,licensee.
Term of Easement
3. The'term of the easement granted by'this Orant and Agreement shalL be
for as long as the easement is used .for the purposes provided in paragraph 1 above.
Nonexclusive Easement
4. The easement and right to license granted in this Grantand Agreement is
nonexclusiVe'. Grantor retains for itselfand its successors and assigns.the right to use,
and the 'rig ht to grant to tnird:parties the right to use; the Easement Property, and the
rightto grant to third parties concurrent easements in, to, over, or under the Easement
Property thafgo notimreasonably interfere with the use and enjoyment of the
easement by Grantee or its licensees. Neither Grantee or any Iicensee'of Grantee may
restrict or interfere in 'any way or'at anytime with the access to. and use ofthe Easement
Property by Grantor, or its' successors, assigns, or any persgn holding any interest in
the S~rvient Tenement, or any .lot or parcel of theServierit Tenement, now or in the
future, inqil,Jding during trenching ,or excavation to construct,reconstruct, replace,
repair, maintain, and usMhe pipeline or pipelines, fixtures, and appurtenances allowed
by paragraphs 1 and 2 of this Grant and Agreement.
Agreement Nonassignable
5. Ihis Grant and Agreement and any license; interest, rights, or benefits
granted or provided for by. this~Grant and Agreement. may'notbe assigned by Grantee
or its licensees. Any purported assignment by Grantee or its licensees o.f 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. '
Duty to Repair, Restore, or Replace
6. Grantee and its licensees shall at aiL times promptly remove all
construction equipment and materials from the Easement property and promptly
restore the Easement Property to its condition immediately prior to any construction,
reconstruction, replacement, repair, maintenance or other work by Grantee or its
licensees, or their' age(1ts, employ,ees, or contractors. Such restoration shall specifically
include the repair or replaCement of any palling, landscaping, ,structures, .fences,
driveways, or other improvements on either the EasemenFProperty or the Servient
Tenementthatare removed, damaged, or'destroyed by Grantee or its licensees, or
their agents; employees,or'contractors.
Costs and Expenses
7. Grantee and its licensees shall be solely responsible for and shall bear all
costs and expenses 'of all construction,reconstructibri, replacement, repair,
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maintenance, rest9ration orother\\i.ork ~equested; performed, reqpired, authorized,or
allowed by Grantee otjtl?r1!c::ensees, or their agents. employees, and contractors, or
authorized or required bithisGrant and Agreement, including the restoration work
required by paragraph 6.
Liability for Injury or Damage
&: Grantee anc! its licensees shall bear tile sole and entire liability and
responsibility for any,personal injury or p,roperty damage that is caused by, results from,
arisesouto.f, or is attributable, to, in, whole or in part, any coristruction, reconstruction,
replacemerit, repair, maintenance, restoration, or other work performed by Grantee'or
its licensees, or their agents, emlJ10yees, or contractors, or authorized or required by
this Grant and Agreement, including any injury to or dam?ge,suffered by Grantor or its
succ.essors and assigns, any person holding any interesUnthe Servient Tenement or
any lot or parcel o.f the Servient Tenement, any third party, and any worker employed to
perform any construction, recon-struction, replacement; .repair, maintenance, restoration
or otherwork requested, performed, required, authorized or allowed by Grantee or its
licensees, or their agents, employees, or contractors.
Indemnification
9~Grantee and its licensees shall defend, indemnify and hold Grantor and its
successors'anda'ssigns, and allY person holding any interest in, the Servient TEmement,
or any lot or parcel of the Servient Tenement, and their property, .free and harmless
.from any and all claims, suits, losses, damages, injuries, a~d liabilities of any kind, and
whether for personal injury or property damage, resulting .from, arising out of, or
aitributableto, in whole or'in part,any construction, reconstruction, replacement,
maintenance, -repair, restoration, or other work undertaken by Grantee or its licensees,
or their ag~nts, employees or contractors, or arising out of or relating to this Grant and
Agreement or the use by Grantee of Its licensees of the easement granted by this Grant
and Agreement.
Time o.f the Essence
10. Time is ofthe essence in this Grant and Agreement.
Attorneys' Fees
11. l.f any legal action or proceeding arising out of or relating to this Grant and
Agreement is brought by Grantor or its successors or assigns, or Grantee of its
licensees, the prevailing party shall be entitled to recei~e from the other party, in
addition to anyotherrelieHhat may be granted, the reasonable attorneys' fees, costs,
and expenses incurred in the'action or proceeding by the prevailing party.
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Entire Agreement
12, This Agreement constitutes the er:1tir.e agreement between Grantor and
Grantee relating'to th'eabove easement. AllY prior"agreements, promises,negotiations,
or representations not eX'pressly set forth in this Grant and Agreement are of no force
and effect. Any amendment to this Grant arid Agreementshall be of no force and effect
unless it is in writing and signed by Grantor and Grantee.
Binding Effect
13. This Grant and,Agreement shall be binding on and shall inure to the
bene.fit ofthe heirs; executors, administrators, successors and assigns of Grantor and
Grantee except as otherwise provided in this Agreement.
NDvembe.-
Executed onectoBc( 3D ,2001
GRANTOR
C.W: SCRIPPS POWAY LLC
A California Limited Liability Company
By C.w. Equities LLC
A Cali.fornia Limited Liability Company
Member
by
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Carl F. Willger
Member
(Notarial Acknowledgment Attached)
'De:,ember
Executed on OctoBer 31 , 2001
GRANTEE
CITY OF POWAY
~~~.~~
(Notarial Acknowledgment Attached)
Page 5 of 5
~LL~I:'URPOSE ~CKNOWL'I)GMENT
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. State of California } .
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EXHIBIT"A"
LEGALDESCRIP;fION
THAT P0RTION OFTHE EAST ONE i-1ALFOF THEEASrONE HALF OF SECTION
19. TOWNSHIP 1'-i SOUTH. RANGE 1 WEST, SAN BERNARDIN0 MERIDIAN: .IN THE
CITY OF p-owAv; COUNTVOF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING
TO OFFICIAL pLAT THEREOF,'CiESCRIBED AS FOLLOWS:
COMMENCING,AT THE COMMON,EASTSIXTEENTH CORNER OF$ECTION 18
AND SAID SECTION 19. TOWNSMIP 14 SOUTH , RANGE 1 WEST, SAN
BERNARriiNoMERIPIAN. SAID POINT BEING ALSO'THE"NORTHE.A.ST CORNER
OF clli<OF'poWAYTRACT 87"13,UNIT 2, MAP NO. 13410; TI'lENCE SOUTiiERL Y
ALONG:THE WE~TERLY LINE OFT/::!F EAST ONE HALF, OF THE EAST ONE HALF
OF SA.IP'SECtioN 19AND THE EA9TERLY LINE OF SAID MAP NO. 13410, SOUTH
01 o26~ 09"WEST, 1338.79'FEETt6 TfiE NORTHEAST CORNER OF PARCEL 1 OF
PARCEL MAP NO, 18003;'THENCEf'coi'n-iNUINGALONGSAI[) WESTERLY LINE
OF THE EAST ONE HALF OFTI;lEEAST ONE HALF OF SAID SEGTION 19 ANIJ
THE EA$TERLYLlNE OF SAID PARCEL 1 SOUTH 010 33'14"WEst. 836,26 FEET
TO THE:TRHE POINTOF.BEGINNING; TI;iENCE CONTINUING ALONG SOUTH01.
33' 14" WEST-i313.56 FEET; THENCE LEAVING s~i6WE~1;ERtYLlNE OF THE
EAST'0NE:HAtF OF THE EAST ONE HALF OF SAID SECTION 19 AND THE
EASTERLY CiNE 9F SAID PARCEL 1 SOUTH 880 26' 46" EAST, 100.00 FEET;
THENCE: NORTf-I 010 33"14~EAsT.;313,56 FEET; THENCE NORTH 860 26' 46"
WEST,100,OOFEET TO THE TRUE. POINT OF BEGiNNiNG.
THAT PORTION OF PARCEL 1 0,1= P~RC;:EL MAP NO, 18003 IN. THE CITY OF
POWAY..,COUNTY OF SAN DIEGO,.STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDEROFSAN DIEGO COUN,.y;MARCH 31.1998.
DESCRIBED AS FOLLOWS: '
BEGINNINGATl;I;tE MOST S0UTHEASTERLY CORNER OFSAID PARCEL 1;
THENCE NORTf-IERLY ALONCHHE EASTERLY BOUNDARY OF SAID PARCEL 1
NOfUH.01031'13"EAST, 124.56 FEET; THEN13E C.oNTINUINGALONG SAiD
EASTERLY BOUNlDARY NORTH 1",33' 14" EAST, 59.1,39 FEEt: THENCE LEAVING
SAID EASTERLY BOUNDARY NORTH 680 26' 46" WEST. 211.00 FEET; THENCE
SOllTH 07015'42" WEST,573.o5 FEET TOA~ ANGI1E.'POINTONTHE
SOUTHWESTERLY BQUNDARVOFSAID PARCEL 1: THENCE ALONG SAID
SOUTHWE~TERLY BpUNDARY ,SOUTH 49. 11' 00" EAst. 134.94 FEET; THENCE
CONTINUING' ALONG ~A1D ,SOlJTHWESTERL Y BOUNDARY, SOUXH68 0 12' 00"
EAST, 174.36 FEET TO THE POINT OF BEGINNING.
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EXHIBIT ':B"
LEGAL DESCRIPTION
WATERLINES AND ACCESS EASEMENT
THAT PORl"ION OF PARCEU OF PARCEL MAP NO. 18884 , IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF S,AN DIEGO COUNTY ON
December 31. 2001 , DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE
ALONG THE NORTHWE?TE8L Y LINE OF SAID PARCEL NORTH 56024'00" EAST
410.97 FEET TO THE MOST NORTHERLY CORNER0F SAID PARCEL: THENCE
ALONG THE NORTHEASTERLy LINE OF SAID PARCEL SOUTH 49011'00" EAST
31,54 FEETTO THE SOUTHWESTERLY LINE OF THAT CERTAIN 30 FOOT WATER
AND ACCESS EASEMENT SHOWN AND DEDICATED ONCIl'YOF POWAY, TRACT
87-13,UNIJ 2, MAP 13410, SAID POINT BEING THE BEGINNING OF A NON-
TANGENT. CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
35,00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 25~05'37"
WEST; THENCE ,ALONG THE SOUTHEASTERL Y LINE OF. SAID EASEMENT AND
SAID CURVE 5:20 FEET THROUGH A CENTRAL ANGLE OF OF 8030'23"; THENCE
SOUTH 56024'00"WEST 262:40 FEET; THENCE LEAVING SAID EASEMENT LINE
SOUTH 75014'22" V\!~EST 6.19 FEET TO A LINE THAT IS PARALLEL WITH AND
DISTANT 28.00 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF
SAID PARCEL; THENCE ALONG SAID PARALLEL L1NESQ.UTH 56024'00" WEST
50.00 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 46036'18" WEST
63.i~ FEET TO THE BEGINNING 0F A CURVE CONCAVE SOUTHEASTERLY ,AND
HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHWESTERLY 17.76 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE, OF 101044'54" TO THE CUSP
OF A CURVE CONCAVE SOUTHWESTERLY AN[) HAVING A RADIUS OF 374.50
FEET; SAID PGINT OF CUSP BEING ON THE SOUTHYVESJERL YLlNE OF PARCEL
1, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34051'24" EAST;
THENCE, NORTHWESTE.RL Y 58.34 FEET ALONG SAID CURVE AND
SOUTHWESTERLY LINE THROUGH A CENTRAL ANGLE OF 8055'30" TO THE
POINT OF BEGINNING.
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EXHIBIT C
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AND ACCE~/R~~o~~~ WATERLINE
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
November' 30, 2001
from C.W. Scripps Poway, LLC
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:
January 8, 2002
By cj";' O~ -P,"'('L"
L n Anne Peoples, City Clerk
\accepr.cer