Grant of Temporary Construction and Access Easement for the Oak Knoll Road Improvements 2009-0034617
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RECORDING REQUESTED BY: Nt- )
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CITY OF POWA Y ,c:on )
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WHEN RECORDED RETURN TO:
DOC # 2009-0034617
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JAN 26, 2009 10:48 AM
DFFICI.6,L FJECOF:DS
.S,6Jj CIIr.GiJ courH'l RECCJFI[jEH'~; iJFFWE
r,6\'ID L 8UI LEH, CUUIH'( RECOR['EF:
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OC: 1-1,6,
CITY CLERK
CITY OF POWA Y
P,O. BOX 789
POWAY, CA 92074
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PAGES: 6
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(For Recorder's Use Only)
Tax Parcel No. 317.152.12
GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR
THE OAK KNOLL ROAD IMPROVEMENTS
(No Documentary Transfer Tax Due)
RECITALS
A. The City of Poway ("Grantee"), a municipal corporation, will be
undertaking the Oak Knoll Road Improvements Project, which
includes curb, gutter; and sidewalk, storm drain improvements, a signal
modification, and the undergrounding of overhead utilities.
B. Bridges Elementary, A California Corporation ("Grantor") holds fee
title to the property identified as Assessor's Parcel Number 317-152-12
(as shown in Exhibits A and B, attached hereto and incorporated
herein) (the "Property") and has the right and authority to grant this
Temporary Construction and Access Easement.
C. Grantee desires to use a portion of the Property as described in
Exhibits A and B, as a Temporary Construction Easement for
construction activities for construction of the driveways, sidewalk, curb
and gutter.
D. Grantor and Grantee desire to enter into this Agreement, whereby
Grantor grants to Grantee a Temporary Construction and Access
Easement on the Property on the terms and conditions set forth herein.
Now, therefore, in consideration of the mutual covenants and promises
contained in this Agreement, Grantor and Grantee agree as follows:
1, 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
o q -00 L/
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associated with the construction of driveways, sidewalk, curb and gutter, curb
ramp, and signal modification. Said Easement shall be over, under, and across
the 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.
2. Indemnitv. Grantee hereby agrees to indemnify and hold Grantor harmless
from all claims, demands, or liability arising in connection with and for the
duration of the Temporary Construction Easement granted pursuant to this
Agreement if such claims, demands, or liability are caused by Grantee, Grantee's
employees or Grantee's contractor, or result from the public's use of the
Temporary Construction Easement, except to the extent that such claims,
demands, liability, injuries, or harm may be caused by Grantor's own fault or
negligence.
3. Term of Easement. This Temporary Construction Easement shall begin at the
end of ten days notice to Grantor that Grantee intends to enter upon the Property
to commence construction, and shall terminate at such time as either the
Grantee obtaining ownership of the Right.of.Way Easement or the end of
construction, whichever occurs first.
4. Improvements. Any improvements on the Property removed or damaged by
Grantee or Grantee's contractor shall be replaced or restored by Grantee as
closely to original condition as possible.
5. Additional Easements on the Property. Grantor shall,not grant or dedicate any
easement or easements on, under, or over the area during the term of this
Temporary Construction and Access Easement without written consent of
Grantee.
Dated this I 'I ~ day of
_} c-,... t<A_ v
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,20m'.
~ Elara1tary
0/1 ~C>
teven B. Mayo, President
(Signature must be notarized)
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CAL.IF9RHIA AI..L.PURPOSEACKNOYll"EIl,ClME~T
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State of California
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Cou~ty of S~m OiAgO
On !lJ1-l ha)q
Dale
before me, Shelley CQllim,~~ PIl~Jir
fHfJltJ[\'DVllU\ At Men Dos, 'u",... (Jff~,
Name(~er(s)
personally appeared
. Commlallon t117'7~79
i NoIaty PuIllIc' . Calltomra I
San DIogo County _
t _ _ _ _ .~:.~:~.21I1lJ
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who proved to me on the basis of satisfactory evidence to
be the personMwhose name.(8((!l?!are'subscribed to the
within instrument and acknowledged to me that
~l:1e.~he1executed the same in @hefltheirauthorized
capacity(ill8Y. and that by ~erftheir signature(sj-'on the
instrument the person(SJ, or the entity upon behalf of
which the persorl(t;) 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.
WITNESS my hand and official seal. .
Signature..~2ll0J /xCi2Q~
. ~QfNotaryPublic
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.
Place Nol;::ary Seal Above
Title or Type of Document:
Document Date:
Number of Pages:
U
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4-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
.0 Individual
tJ Corporate Officer - lltle(s):
o Partner - 0 Limited 0 General
. 0 . Attorney In Fact
.0 Trustee,
[j Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - TRle(s):
o Partner - 0 Limited 0 General
o Atlorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHTTHUMBPRINT
" OF SIGNE.R .
RJGHTTHUMSPRINT
. OF SIGNER I
Tap of thumb here
Signer Is Representing:
Signer Is Representing:
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02007 NalioMl Notary As;oQ;itlon. 9350 Qe Soto Ave~ p.o. Box: 2402 .Ct\atswm1t\, CA 91313--2402' www.Nati0n8/NQtaty.OIV ftem ;5907 Reorder.. Call foI.Free 1 :.aoo..a76-6827 .
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest In real property conveyed by the
easement dated: / /If;/c'f from Bridges Elementary, A
/
California Corporation, Grantor, to the City of Poway, Grantee, 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: ~b, y~ 7
CITY OF POWAY
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Seal:
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EXHIBIT"W'
TEMPORARYCONSTRWC:f1QN AND
ACCESS EASEMENT
APN 317c152-12
Thatportion of the SoUtnWestquarter, of the Southwest cQuarter, Section 14,
Township 14iSouttl'; Range -2 West, San Bernardino MeridiaIJ, according to the
OffiCial Plat lhereof,in the City oWoway, County ofSaJ} Diego, State of
California, being more particularly described as folloWs:
. CommenCingat.thef;:JOI;tf1\iVest corner of land described, to:the County of San
Diego l:iy ,Instrument No. 29X65, Recorded OCtober2J,t913(hereinafter county
property),said p,oint also being on the centerline of.OakK.:noll Road (Road
Survey 188); thence leaving said,centerline along ttii:l Westerly line of said county
property'South01 009'43"iWest, -20,08 ,feet to apointon the Southerly Right-of-
Way of said Oak K.:noll Road; 'thence along saidSoufherlY Righf-of-way South
85052'47"West, 300.45:feet to angle point in said 'Southerly Right-of-way, being
the TRUE POINT OF'BEGiNNING; thence on a Southerly prolongation of theline
from the centerline angle poinUN said Oak Knoll Road through the TRUE POINT
OF BEGINNING South 13027'46" West, 3.1 0 feet totoe:begihning of a non-
tangent:280.00 foot..radius.curve concave Northeasterly, to ,Which ,a radial line
bears "South 08045'32" vvi:lst;thelJcl? Northwesterlyalong,said,'curve through a,
ceDtI;al angl~ 9f 12c046r~7" aii ,arcdistaIJceof 62:43~feet; thenceiNorth 68,028'02"
West, 42,O]feerto'thedine designated "South 16049'50" West, 4'15.81 feet" on
Record of Survey No. '6'18t,:filed March 28, 1963, asJile No,,53607; thenCE!
albngsaid line North. 17"14'59"'East, (North 16049'50" E.?,~!{record) 10:03,Jeetto
said Southerly Right-of-way; ,thence along said SoutherlyRigni-of~way South
68028'01" East, 104.30 feettOtl;ieTRUE POINT OF BEGINNING.
Containing 900';square.feefmore or less.
'prep<Oired By:
Nolte Associates, Inc.
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JeffreYJ, Safford, LS6703
12.-/"1/0 r
Date
N;ISDB040800\surveyllegalloak knoll 3)715212
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COURSE TABLE
LINE BEARING LENGTH
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L2: 'N68'28'02V1 42,07'
l'3 N1h4'59'1 10,03'
cENGTH
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IZZ/J ,RrGHT~.9F:":WAY EASEMENT TO BE ACQUIRED
,AREA - 900 S,F, OR 0.02 AC.,
THIS PLAT wAs PREPARED BY ME OR UNOER,MY
DIRECTION ..IN' CONF:ORMANCE IIUH THE PROFESSIONAL
LAND SURVEYOR'S 'ACTON DECEMBER 9.26'08.
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GRAPHIC .sCALE
0' .20,' 40: ,80'
SCALE ,1"~ 40'
.11~~:
TEMPORARY CONSTRUCTION AND
, . ACCESS' EASEMENT
IN .THECITY OF "OWAY,
COUNT,Y ,OF 'SAN DIEGO,
STATE. ,OF CALIFORNIA
PREPA.RED FOR: CITY,cif,.p'O'WAY DATE !IUBMrrTED: O.EC.2008
SHEET NUMBER
bATE:
NETWORK::
PATH:
pWG NAME:
LAYOUT:
~10"\'EMJg..l)f'd~~E.:~1lo 8AN..;~GO,'CA02I2lI
858.:s85.ll5OD.T8.: B5B.3ae.04OO FAX 1D.HOLTE.COIl DE:SIGNER:
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JOB .NUMBER
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