Grant of Temporary Construction and Access Easement for the Oak Knoll Road Improvements 2009-0004751
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DOC# 2009-0004751
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~ RECORDING REQUESTED BY: ) JAN 06, 2009 12:36 PM
) CiFFICI.6,L RELCiRC""
CITY OF POWAY ) '"MI DIEGCi CCiUI-ITY RECCiR[lEF:", CiFFICE
[(~VID L, BUTLER. CCiUNT',' F:ECCiRDEF:
I9-P ) FEE~': [1,00
WHEN RECORDED RETURN TO: CiC: Nil,
rJf ) PAGES: 6
oufi'\ CITY CLERK ) 1111111111111111111111111111111111111111111111111111111111111111I111111111111111
CITY OF POWA Y ;. - )
P.O. BOX 789 )\ 'i.....~ '; . )
\l/(l"" POWAY, CA 92074..... )
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Tax Parcel No, 317-152-04 (For Recorder's Use Only)
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. Pruett Family Trust ("Grantor") holds fee title to the property identified
as Assessor's Parcel Number 317-152-04 (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
08-/5D
4175
associated with the construction of driveways,sidewalk, cmb and gutter, curb
ramp, and signal modification. Said Easementshali be over, under, and across
the Property"as more particularly described in ExhibilA (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. Indemnity. 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 g r .J)t-day of
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Virginia M. Pruett, Trustee
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>'-',Notary Public.tor,the State of Montana
-;-'f,;esidingat Kaiispeli, Montana
MY~~Q;';missi(,n'expires_LI-1 S - I <-
(Signature must be notarized)
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STATE OF MONTANA )
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County of Flathead )
On this Decemberl'/, 2008 before me, a Notary Public for the State of Montana, personally appeared Virginia Pruett, known to
me.to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same,
IN TN EOF I have hereunto set my hand and affixed my Notarial Seal the 'day and year first above written.
HowardJ. estinas
Notary Public for the ,State of Montana
Residing at: Kalispell, Montana
My Commission Expires: November 15, 2012
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EXHIBIT "f,f
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TEMPQRARY'CONSTRUCTION AND
ACCESS EASEMENT
APN 317-152-04
Thatportion,onhe Southwest.'Quarter, of the SouthWe'stQuarter, Section 14,
Township 1'4 So.uth, Range 2 West, San Bernardino Meddian, according to the
Qfficial. Plat thereof, in the City of Poway, County of San Diego, State of
California, being more particularly described as follows:
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Commencing',at the Northwest corner of lafld descriped tothe Cou.nty Of San
Diego bylnstrumenLNo.29165, Recorded October 21, 1913 (he'reinaftercounty
property), said, point also: beihg on the centerline of oak.Kholl Road (Road
Survey 188); ,thence leaving,said centerline along the Westerly'lineof said ,county
property South 01'009:34"West, 2Q.08feet to a point on the Southerly Right-of-
Way of said Oak. Knoll Roacj, said point also being the: TRUE POINT OF
BEG)NNING; thence continuing along said Westerly liQe'~outh01009:34"West,
, 1'O:04feettb a point f6,OOfeetSoutherly measured atdght ar:Jgleto said
Southerly Right~of~way; thence leaving said Westerly lir:Je 'South 85'052:A7" West,
parallel to said, Southeriy 'Ri9ht,:ofcway 90.14 feet to the Easterly line of Record of
SliNey No. 6187, fi,lecj M?rgh;;28, 1963, as file Nm5360T;said Easterly line
designated "South 00?5?:~0"'West,356.62, feet"; thence along said Easterly line
North O~ 025:42" East:(North '00058:20" East record),1O,05fel3t!e s,qid,Southerly
Right~ofcway; thence along said Southerly Right-ofcway,North 85052'47" East,
90.09 feet to the TRtJE P01NtOF BEGINNING.
Containillg 901 square feet more or less.
Prepared By:
Nolte Associates, Inc:
(~ 9'A--c-4~
Jeffrey J, Saffora, LS6703
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Pate
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EXHIBIT "B"
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(R~S. _18B)
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-- EASTERL Y LINE ~
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COURSE TABLE:
LINE BEARING
L1 SOI~09'34'W
L2' N01'25'42'E'
LENGTH
10,04'
10,05'
1/27 71 RIGHT~OF-WAY EASEMENT TO BE ACQUIRED
r."U.Ll AREA, = 901 S,F, OR 0,02 AC,
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'GRAPHIC stAtE
0;,20,' '4Q~80'
SCALE' f"~ 40'
THIS PLAI'~AS~REP..AR.ED BY MEQR UNDER MY
DIRECTION IN CONFORMANCE \\HH THE' PROFESSIONAL
LAND SURyEYOR'S,ACT ON DECEMBER 9, 2008,
DATE:
NETWORK: SDSO
PATH:
DWG NAME:
8 ~ ! '.O.N"D' E' N GIN E E'R I' N G LAYOUT', PL...T
'I5070AVBUOF,.~'SUTE.IOO. SANDEGo."CA't2121 -.--.
85U83MOO la."B5U8&.0400 FAX 'niJrlOLTtCOII DE~GNER:' JJ$
N: \SDB040BOO\CADD\SURVEY\EXHI8IT _8_1&2.DWC
TIME:
TEMPORARY CONSTRUCTION AND
ACCESS. EASEMENT
IN 'THE CITY, OF'POWAY,
COUNTY ,OF 'SAN . DIEGO,
STATE OF CALIFORNIA
PREPARED FOR: crrY- OF~POWAY DATE',8U8UIT.TED: DEC. 2008
SHEET' NUMBER
1
MGR: JJS
Of .1 .SHEETS"
JOB NUMBER
80B040600
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417,9
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the
easement dated: :J>eol!e....ll-er 0..'1, ~o~ from Pruett Family Trust,
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 1~3IJor;
CITY OF POWA Y
Seal:
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Clerk