Grant of Temporary Construction and Access Easement for the Oak Knoll Road Improvements 2009-0004752
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. Laurence M. Lazaga and Myrna E. Lazaga, Husband and Wife, as
Community Property ("Grantor") holds fee title to the property identified
as Assessor's Parcel Number 317-152-13 (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
08-14'1
4181
Temporary Construction and Access Easement for construction activities
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 Propertv. 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 12. day of 11~_oJ.N\/,*r
,2008.
~ u. 4. L.o-J ~-(
Laurence M, Lazaga
/~~ ?-~
Myrna E. Laza
(Signature must be notarized)
4'18',2,
CALlFORNIA.,ALIi-PURPOSE ,ACKNOW1.EDGMENT
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State of California
}
County of San Diego
On ~ECrI11.1{}( /21 ZltJ! beiore me,
Dale
p.ersonallyappeared fY1l/f( /VA
Phyllis Shinn, Notary Public
L Here Insert Name and Tille 01 the Officer
E A7.ACi,4 ,
Name(s)oISigner(s)
, ,
[- - -
, PHYlLIUHINH'
_. commllllon,. '''.7,7, ..,.., ~ l
I NoIaIy PubliC- Call1Om/O I
I San DIego CCMlnlY -
------~..~~
who proved tOJC:1e on the basis of satisfactory evidence to
be the personlJ'-! whose,name(l{) Isla\( subscnbed to the
within instrument and acknowledged, t9 m, e thaI'
i)elshe/t~ executed the same.in ~er/t~auttiorized
capacity(ifis), and that by ~lher/ttJe1Lsignature(Ko~ the.
instrument the person(lit or the entity upon behalf' of
which the person(\Qacted, executed the instrument. '
, I certify under I'ENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Nolary Seal ,~ove
Signature
OPTIONAL
Though the informatfon below,is nOl,required by law; it may prove vaiuable topersons.relying on the document
. and could prsvimt fraudulent removal and reattachment of this form 'to another d9cument. .
Description of Attached,Document
,Title or Type of Document:
Document Date:
, Signer(s) Other Than Named Above:
Number of Pages:
Capacity(les) Claimildby Signer(s)
TOp of lhumb here
Signer's Name:
o Individual
o CorpoflileOlficer -T11Ie(s):
o Partnef- 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian, or Conservator
o Other:
Signers Name:
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT,
- - OF SIGNER
RIGHT THUMBPRINT
v__ OF SIGNER
Top of thumb here
. Signer Is Representing:
Signer Is Representing:
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. C 2007 National Notary Assocl8llon ~ 9350 De'Solo Ave., P.O. BoK 2402.~ ChalsWorth, CA ; 9131 3-2402. W'hW.NallonalNotary.ol'Q Item #5.907 Reorder: CaR ToI-Free 1-800-s76-662:7
41,83
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
County of S;oln OiPO()
On r2fZ?JlZOD S before me, -ShplI"'l' r()lli'l'3 N()I"1rv P"hlir
Data \ i,' 1!. ' l=fe7e lnseft ~ame and Title of the Officer
personally appeared ~\;l V ~ CL JV\. t fA'll f M I
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, ~" 1787479
j ...., PublIc' . California I
" _ Ian DIego CovnIy .
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who proved to me on the basis of satisfactory evidence to
be the person(s{whose nam~~ subscribed to the
within instrument and acknowledged to me that
~ey executed the same in~e.itl,,"ir authorized
capacity(i6e}, and that by I@herttnBir signalur~ on the
instrument the personW. or the entity upon behalf of
which the person(.Ilj acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph ;s
true and correct.
WITNESS ~rta~~ ~nnl\ddft 0 of! 'al seal. ,
Signaturenl!~~~.."ll~
OPT/ONAL
Though the Information below is not required by law: it may prove valuable to persons relying an the document
and could prevent f(BUdulent'removal and reattachment of this form to another document,
Place Notaty Seal Above
Document Date:
Title or Type 01 Documen
I
JA4ttc--
Number of Pages: J
~~
b101L
;:PV\ ~ '
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
o Individual
o CorpOrate Officer - Tille(s):
o Parlner - O,Umlted 0 General
, 0 . Attorney in Fact
.0 Trustee
(j Guardian or Conservator
o Other:
TopOl thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RrGHT,THUMBPRrNT
. OF. srGNEA
RrGHTTHur,18PAINT,
,OF SrGNER ,."
Top of thumb hare
Signer Is Representing:
Signer Is Representing:
- - :....: - :..:
02007NalioM1 Notary Association.-9350Oe Sofa Ave~ P.O. Box 2402;'Chatsworth, CA g1313-2~2.www.NationalNOtaty.orgnemI5907Roorder.CaIIToW-Free 1-8OlJ-.87lK18Z7.
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4184
EXHIBIT "A"
l'EMPORARY CONSTRUCJ:10NAND
ACCESS EAsEMENT
APN 317-152c13
That portion of the Southwest'Quarter, of the Southwest Quarter, Section 14,
.- - . ...-- - -
T:ownship 14 Soutb" Ram:fE:i 2 'West, San Bernardino M~ridian, according to the
Official Piat thereof, irYlhe;City of Poway, County of San Diego, State of
California,being more parti'cUlarly described as follows:
Commencing at the Northwest corner of land described to;;the,' County of San
Diego by Instrument No, 29165; Recorded October 21, 19}3 ,(hereinafter county
property), said poin}alsopeing ori the centerline ofOa,k,Kriol[Road (Road
Survey 188); thence leaving 'said centerline along the Westerly line of said county
property South 01 009'43" West, 20.08 feet to a point on" the Southerly Right-of-
Way of said Oak Knoll Road; thence along said Southerly Right-of-way South
85052'47" West, 193,80feetto a,point on the line designated"North 0803J '20"
East, 360.14 feet" on Record of Survey No. 6187, filed March 28, 1963, as file
No. 53607; thence along ~aid line.South 08051 '56" west, (South 08031'20" West
record) 10.26 feet to a point 10,00 feet Southerly measured at right angl8to said
Southerly Right-of-way; thence leaving said line South 85052'47"West, 43.87
feet to the beginning, ofatangenf280.00 foot radius ,curve;concave Northerly;
ther;1ce Westerly along said. curve through a central angle of 12052'45" and arc
dist~(rice 6f62d:j4,f~et?to ,the Sgutberly prolongation oftb_e lin~f! f~bri1 th~ c€.lnterline
angle point on said Oa~ Knoll Road to an angle poinf;on ~aid Southerly Right-of-
Way; thence aiongsaid 'Southerly prolongation North13~2i.46" East, 3.10 feet to
said 'Southerly Rightcof-way,angle point; thence along;saidSoutherly Right-of-
.way North 85052'47" East, 107,65 feet to the TRUE P01NTOF BEGINNING,
Containing 927 squareJ~€.ltrnorE:i or less.
Prepared By:
Nolte AssoCiates, Inc.
~~ ,,~..A'
Jeffrey,'J,Safford, l.:S 603
/;;.!<j/tlP"
Date
N :\SDB040800\survey\legal\oak knoll 317152 n,cj9C
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COURSE TABLE
LINE.
L1
[2,
L3j
BEARING
SOS'Sl'S6'W
S8S'S2'47~W
fiI3"27'46'E
I
N
I
!PftJlf5d([J~1L :l
fPJfijfjo ~ (S@1:l
ftJlPfM :JJ~ 10 ~!5~6(s:l
EXHIBIT"B"
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ftJlPfM/JJt10 ~!5J~@4J
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ftJlPfM :JJ~ 10 ~!5~ 6(S:JJ
~1:8'5
POR
SW 1/4
1/4
188)
p,o.B..
SW
W
a
(R.S.
-....
OAK KNOLL ROAD
~ - - T.P,Q,B,
/ 167.65'
'"
a
50.1'0.9'34"[ 20,0.8'
I
,;: ~
,
,
,
N85'52'47"[ 193. 80.'
L3
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ftJlPfM:JJ~ 10 ~ !5:l0@1
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SEe 14
T 14 S
SBM
R 2 W
CURVE TABLE
LENGTH
,10,26'
4387'
3.10'
LENGTH
62,94'
CURVE
Cl
I/'Z7 7l';RIGHT-OF-WAY EASE~ENT TO BE ACQUIRED
L,::...L ..J AREA = 927 S.F. OR 0,02 AC, '
THIS Pt'Ai'WAS PREPARED BY'ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL
LAND SURVEYOR'S ACT ON DECEMBER.9, 2008,
GRAPHIC-SCALE
0.' 20' 40.'
80.'
&~4""uvrft ,~~I2../~/Q
J FFREY J, ,'SAFFOR , L6703
SCALE 1". 4D!
DATE:
~E!wORK: seso
PATH:
DWG NAME:
LAYOUT; PlAT
DESIGNER: JJS
TEMPORARYCON8TRUCTION AND
. 'ACCESS' EASEMENT
iii THE CITY. ,OFPOWAY,
COUNTY:0F:8ANOIEGO,
8T ATE OF ;CALII'ORNlA
SHEET NUMBER
TIME:
1
iB:E '.'O,..fO E. G I,.' I' E, A: I:N G
15070'A.YEII.E OF~8CENC&,'SlJTE,lllO IAN PEGO.,cu"2t28
iWa6.050fTEi.'<~'FA.J.- ID.Nll.Ti.COM
N;. 5080;408<;10 CADD SURVEY. EXHIBIT ~B_l&2.0WG
_MGR; JJS
_PRE~_~,~'~.~C?!t= erT.Y OF POWAY :DATE SUBMlTTED:DEC, 2008
or 1 SHEETS
JOB NUMBER
80B040800
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. .
, ,
4'186
,.,'
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest In real property conveyed by the
easement dated: 1.:1-1/2--1 pr- from Laurence M. Lazaga and
, f
Myrna E, Lazaga, Husband and Wife, as Community Property, 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: /:J.-/30 /017
I
CITY OF POWAY
Seal:
Ity Clerk
.