Grant of Easement Reciprocal Access 1985-249687
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V"" . .~.. 1353 THIS DOCUMENT IS BEING '".~..~6S'?_
. < "~ECOROiNG REQUESTED RECORDED TO CORRECT THE' 1-,..,i'O~,,1:>i':D' -.....j
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NAME OF ONE OF THE GRANTORS gVICI-~L R:::COi\[!S
ST. MICHAEL I S CATHOLIC . Or "AN D["GO COWl I y, CI..
CHURCH, ON RECORDED DOCU-
BY: CITY OF POWAY MENT NO. 84-099121 :985 JUL I 2 PH 2: 04
When recorded, return to: ~VEP.,~ L.LYi.E~
P.O. Box 785 COUNT 'I R[CORnER
Poway, Calif. 92064
No Fee
Space Above for Recorder's Use Only . ~EE
DOCUMENTARY TRANSFER TAX 1.--- 1-1
APN 275-461-09 r
APN 275-460-58
GRANT OF EASEMENT
This Agreement is made this ,)..'S-\'~ day of JUr)e.. , 1985 ,
":-\ by and between Roman Catholic Bishop of San Diego, hereln referred toas
"Church," Rancho Bernardo Convalescent Home, herein referred to as "Home"
and the City of Poway, herein referred to as "City."
RECITALS
I
Church is the owner of certain real property commonly known as 15546
Pomerado Road, Poway, California, occupied by St. Michael's Catholic
Chu rch of Poway, and associated uses. The property is more particularly
described in Exhibit "A", attached hereto and incorporated herein as if
fully set forth.
II
Home is the owner of certain real property commonly known as 15632
Pomerado Road, Poway, California, occupied by the Rancho Bernardo
Convalescent Home. The property is more particularly described in Exhibit
"B", attached hereto and incorporated herein as if fully set forth.
III
It is the intent of the parties herein to grant reciprocal
nonexclusive rights and easements for and between Church, Home and City to
a 11 ow City to construct a traffic control signal device at the
intersection of Pomerado Road, and the unnamed ingress and egress easement
established herein. The plans and specifications Jor the construction of
said signal device require ingress to both parcel~ set forth as Exhibits
"A" and "B" herein, over the Home property and egress from said parcels
over the Church property. Said plot plan is attached hereto, marked
Exhibit "C" and incorporated herein by reference. ~y executing this Grant
of Easement, the parties approve. of the ingress and egress plot plan set
forth in Exhibit "C", together with the plans and spkcifications prepared
by City for construction of said ingress and egress\improvements together
with the traffic control signal device as described iln Exhibit "C".
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'.... 1354
GRANT OF EASEMENT
I
In consideration of construction of a traffic signal control device,
as set forth in Exhibit "CD, for the mutual benefit of the parties herein,
Chu rch and Home hereby grant the other and establish to City, reciprocal
nonexclusive ri ghts and easements for pedestrian and vehicle travel,
ingress and egress and for such other purposes and the doing of such
things as are reasonably related to this stated grant and reasonably
necessary for the maintenance of the purpose of this stated grant, over,
across, upon, in, under and through that certain property described in
Exhibit "0", attached hereto and incorporated herein by reference as if
fully set forth.
I I
The reciprocal nonexclusive rights and easements contained herein are
for the benefit and enjoyment of the owners of the respective parcels of
property set forth as Exhibits "A" and "B", and their respective heirs,
personal representatives, successors and i nteres ts, assigns, and/or
occupants and permittees. In addition, Church and Home agree that the
improvements of City, within the public right of way, as set forth on
Exhibit "CD, would be impractical to construct without the ingress and
egress design as described in said Exhibit. City will construct the
traffic signal device and improvements set forth in said Exhibit, in
reliance on this ingress and egress design. Therefore, Church and Home
agree that this easement will benefit City and bind all successors and
interests to Church and Home such that no change in traffic pattern,
design, use or condition of improvements as set forth in Exhibit "CD, will
be made without first obtaining written consent thereto from City.
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.... 1355
CONSTRUCTION AND MAINTENANCE
City shall have the right to enter upon the respective parcels set
forth as Exhi bits IIAII and IIBII and construct the ingress and egress
improvements over the easement set forth as Exhibit "0", in accordance
with the plot plan attached hereto as Exhibit II ell and the plans and
specifications approved by the parties hereto. Thereafter, Chu rch and
Home, and their respective successors in interests to their respective
parcels shall have the obligation to maintain at their sole risk, cost and
expense, said improvements constructed by City within the easement area.
INDEMNIFICATION
As consideration for City constructing the improvements set forth as
Exhibit "CO, Church and Home, and their respective successors in interests
to their respective parcel s, sha 11 indemnify and hold harmless City,
including its officers and employees, against any loss they or their
successors may suffer, including attorney's fees and costs on account of
any claim or cause of action rising out of the design, construction,
maintenance or operation of the improvements constructed as Exhibit "CO
within the easement set forth as Exhibit "0".
ENTIRE AGREEMENT
This instrument contains the entire Agreement between the parties
relating to the rights herein granted and the obligations herein assumed.
Any oral representations or modifications concerning this instrument shall
be of no force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
ATTORNEY'S FEES
In the event of any controversy, claim, or dispute relating to this
instrument or the breach thereof, the prevailing party shall be entitled
to recover from the losing party reasonable expenses, attorney's fees, and
cas ts.
BINDING EFFECT
This instrument shall bind and inure to the benefit of the respective
heirs, personal representatives, successors, and assigns of the parties
hereto.
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'.1 1356
IN WITNESS WHEREOF, the pa rt i es hereto have executed thi sins trument
the day and year first above written.
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ROMAN CA IC BISH POD 0
""~~OSPIIAl' -
LTD.
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Approved as to form
a Municipal
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: STATE OF CALIFORNIA ) . 13'" 1
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I. COUNTY OF SAN DIEGO )
I~ On this p-/-fh day of ~ ' 19~ before me,
i .I. Rrf9--I- t-~a..q<""n , a Notary Public in and for said State,
! personal y appearea I. BRENT EAGEN, personally known to me to be the
Attorney-In-Fact of the Roman Catholic Bishop of San Diego, a Corporation
~ sole that executed the within instrument and acknowledged to me that said
corporation sole executed the same.
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LISA R. GUNTHER
NOTARY PUBliC-CAlifORNIA ~ ~
PRINCIPAL OFFICE IN 'xJ"'A . -' ---u' P A )
&AN DIEGO COUNTY . ~
CommIsoIonbll.Feb.llIlII l~O ary PX-IC In anflor saId (J1/~
County and State ~ ~I ---3' '.
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State of L.... \'i-i", ( ~ i "'- On this the.;ll;1i- day of I
19 SS,'lefore me,
County of 'S""^ I)i "-j 0 , me;, r,y ri ~ K. W"-n Is 1 t.,- .!
the undersigned Notary Public, personally appeared
:s S",-""es L, bDwe--. SOy
F'
~ 5/. personally known to me
,
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e.'... ..',0;...... o proved to me on the basis of satisfactory evidence
, .,. '. MARJORIE K, W AHlSTEN to be the person(,&) whose name(l1l ,'s subscribed to the
G .: . NOTARY PUBLIC-CALIfORNIA Within Instrument and acknowledged that he-'
- .,1 . PRINCIPAL OffICI IN ' executed It.
SAN DlIGO COUNTY WITNESS my hand and official seal.
'0" Ny Comm. hpires August 3, 1988
....c/'.lI4ttfttf.".".....~ _-wr ~..^'-.." _.... ~V_~J'N~ In 0--0P-- K )1V~n... I
Notary's Sig'nature
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GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY Io\SSOC1ATION. 23012 Ventura Blvd. . Woodland Hills, CA 91364 I
State oi California } 55, On this the 11 trctay of Julv 19~, before me,
Deborah S, Gidcumb
County of San Die90 the undersigned Notary Public, personally appeared
Ronald J. McEll i ott
..
known to me to be the personoo) whose name()l) -i+- subscribed
to the within instrument and acknowledged that he ,
. OFFICIAL SEAL
DEBORAH S, GIDCUMB executed the same for the purposes therein contained, ,
. NOTARY PUBUC' CAuFORNIA IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SAN DIEGO COUNlY
My Comm. bp;re~ Morch 14, 19BB (J~
J. ~
GENER"'l ACKNOWlEDGMENT FORM 7110041 NATIONAL NOTARY ASSOCIATION. 23012 Ve~lura Blvd,. Woodland Hills, CA 91364
I
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'-' 1359
LEGAL DESCRIPTION
OF
CHURCH PROPERTY
EXHIBIT "A"
" . .
. I' 1360 APN #275-460-58
EXHIBIT 'A'
DESCRIPTION:
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ALL THAT PORTION OF LOTS 3 AND 4 IN SECION 35, TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4 DISTANT
THEREON SOUTH 13002'51" WEST 1351.87 FEET FROM THE NORTHWESTERLY CORNER OF
SAID LOT 3; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 13002'59" WEST
275.00 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE
ROMAN CATHOLIC BISHOP OF SAN DIEGO, RECORDED MAY 12, 1959, AS DOCUMENT NO.
95593 OF OFFICIAL RECORDS, BEING A POINT IN THE NORTHERLY LINE OF THE
SOUTHERLY 7 ACRES OF THAT PORTION OF SAID LOT 4 WHICH LIES NORTHERL Y OF
THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAN BERNARDO RANCHO
AND WESTERLY OF THE CENTER LINE OF THE MAIN PUBLIC HIGHWAY ROUTE 3; THENCE
SOUTH 83050'40" EAST ALONG THE NORTHERLY LINE OF SAID LAND A DISTANCE OF
555.92 FEET TO THE CENTER LINE OF THAT CERTAIN 60.00 FOOT COUNTY ROAD
KNOWN AS MISSION ROAD I-A, ALSO KNOWN AS POMERADO ROAD: THENCE NORTH
2007 '00" EAST ALONG SAID CENTER LINE A DISTANCE OF 273.69 FEET TO AN
INTERSECTION WITH A LINE BEARING SOUTH 83050'40" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 83050'40" WEST 503.63 FEET TO THE POINT OF
BEGINNING.
, ' . .
, . 1361 '
LEGAL DESCRIPTION
OF
HOME PROPERTY
EXHIBIT "B"
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".t. 1362 APN #275-461-09
EXHIBIT 'B'
PARCEL 1:
ALL THAT PORTION OF LOTS 3 ANO 4 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNAROINO BASE ANO MERIOIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 3 DISTANT
THEREON SOUTH 13002'59" WEST 1149.06 FEET FROM THE NORTHWESTERLY CORNER
THEREOF; THENCE ALONG SAID WESTERLY BOUNDARY AND THE WESTERLY BOUNDARY OF
SAID LOT 4, SOUTH 13002'59" WEST 202.81 FEET; THENCE LEAVING SAID WESTERLY
BOUNDARY, SOUTH 83050'40" EAST 503.63 FEET TO THE CENTER LINE OF THAT
CERTAIN 60.00 FOOT COUNTY ROAD KNOWN AS MISSION ROAD I-A, ALSO KNOWN AS
POMERADO ROAD; THENCE ALONG SAID CENTER LINE NORTH 2007'00" EAST 84.06
FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE
NORTH 1022'30" EAST 117.91 FEET TO AN INTERSECTION WITH A LINE BEARING
SOUTH 83050'40" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 83050'40"
WEST 463.54 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF LOT 3 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 3 DISTANT
THEREON SOUTH 13002'59" WEST 971.80 FEET FROM THE NORTHWESTERL Y CORNER OF
SAID LOT 3; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 13002'59" WEST
177 . 26 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 83050'40" EAST
463.54 FEET TO THE CENTER LINE OF THAT CERTAIN 60.00 FOOT COUNTY ROAD
KNOWN AS MISSION ROAD I-A, ALSO KNOWN AS POMERADO ROAD; THENCE ALONG SAID
CENTER LINE NORTH 1022'30" EAST 176.59 FEET TO AN INTERSECTION WITH A LINE
BEARING SOUTH 83050'40" EAST FROM THE POINT OF BEGINNING; THENCE NORTH
83050'40" WEST 427.53 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM PARCELS 1 AND 2 HEREINDESCRIBED THAT PORTION GRANTED
TO THE COUNTY OF SAN DIEGO IN DEED RECORDED JUNE 18, 1980, AS FILE
NO. 80-190218, DESCRI8ED AS FOLLOWS:
THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE
2 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, CONVEYED TO W.M. CHANCE, ET AL, BY DEED RECORDED MAY 10,
1979, IN THE RECORDER'S OFFICE OF SAID COUNTY AT FILE/PAGE NO.
79-192909 LVI NG EASTERL Y OF A LINE THAT IS PARALLEL WITH AND 33.00
FEET WESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
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.... . 1363
BEGINNING AT THE INTERSECTION OF POWAY ROAD, ROAD SURVEY 1013, AND
POMERADO ROAD, ROAD SURVEY .1859"2, SAID ROAD SURVEYS ON FILE IN THE
OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, SAID INTERSECTION
HAVING COORDINATES NORTH 286,619.64 AND EAST 1,751,015.65 IN TERMS OF
THE CALIFORNIA COORDINATE SYSTEM, ZONE 6; THENCE ALONG THE CENTERLINE
OF SAID POMERADO ROAD WITH BEARINGS AND DISTANCES IN TERMS OF SAID
COORDINATE SYSTEM NORTH 00047'22" EAST, 1829.58 FEET; THENCE NORTH
00007'46" EAST, 2658.36 FEET; THENCE NORTH 00049'48" EAST, 3505.34
FEET; THENCE NORTH 01018'08" EAST, 1918.90 FEET; THENCE NORTH
01003'50" EAST, 955.47 FEET TO THE BEGINNING OF A TANGENT 1700.00
FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH' A CENTRAL ANGLE OF 44025'03" A DISTANCE OF
1317.89 FEET; THENCE TANGENT TO SAID CURVE NORTH 45028'53" EAST,
198.39 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 40016'34" A DISTANCE OF 1405.90 FEET;
THENCE TANGENT TO SAID CURVE NORTH 05012'19" EAST, 792.94 FEET TO THE
BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 3004'38" A DISTANCE OF 161.12 FEET; THENCE TANGENT TO SAID CURVE
NORTH 02007'41" EAST, 1953.09 FEET; THENCE NORTH 01023'41" EAST,
608.10 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 8026'29" A DISTANCE OF 441.99 FEET; THENCE
TANGENT TO SAID CURVE NORTH 7002'48" WEST, 404.35 FEET TO THE
BEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 9042'20" MORE OR LESS A DISTANCE OF 423.48 FEET MORE OR LESS TO A
POINT IN THE RANCHO SAN BERNARDO BOUNDARY LINE SAID POINT HAVING
COORDINATES NORTH 304,825.49 AND EAST 1,752,479.69 SAID POINT BEING
THE POINT OF TERMINUS.
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TRAFFIC SIGNALS FOR POMERADO HOSPITAL
CITY OF POWAY
PARKI NG
EXHIBIT "C"
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EXHIBITS "0" & "0-1"
LEGAL DESCRIPTION
OF
INGRESS AND EGRESS EASEMENT
1.-;" . .
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EXHIBIT "D"
MUTUAL INGRESS AND EGRESS EASEMENT
VESTING: William M. Chance and Judith A. Chance, husband and wife;
L. Alan Johnson and Carol A. Johnson, husband and wife as
community property;
Ronald J. McElliott and Karen L. McElliott
A.P. NO.: 275-461-09
VESTING: Roman Catholic Bishop of San Diego
A.P. NO.: 275-460-58
ALL THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4 DISTANT
THEREON SOUTH 13002'51" WEST 1351.87 FEET FROM THE NORTHWESTERLY CORNER OF
SAID LOT 3; THENCE LEAVING SAID WESTERLY BOUNDARY, SOUTH 83050'40" EAST
ALONG THAT CERTAIN NORTHEASTERLY BOUNDARY LINE AS DESCRIBED IN A DEED TO
THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, FILE/DOC. NO. 26011 DATED 2-13-70,
162.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1022'30" EAST
32.00 FEET; THENCE SOUTH 85018'42" EAST 190.32 FEET; THENCE SOUTH
83035'16" EAST 153.12 FEET TO THE CENTERLINE OF POMERADO ROAD; THENCE
SOUTH 2007'00" WEST ALONG SAID CENTERLINE 64.00 FEET; THENCE NORTH
88037'30" WEST 90.00 FEET; THENCE SOUTH 88016'49" WEST 252.07 FEET; THENCE
NORTH 1022'30" EAST 70.05 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN POMERADO ROAD.
EXHIBIT ~l- BEING A SKETCH ATTACHED HERETO AND MADE A PART HEREOF THIS .
DESCRIPTION.
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i CERTIFICATE OF ACCEPTANCE
I, MARJORIE K. WAHLSTEN, as City Clerk, and agent for CITY OF POWAY, make
the following certification on its behalf:
This is to certify that the interest in real property conveyed by the deed
or grant da ted JUf,e, d.S ) 1'1 S 5 from ROMAN CATHOLIC BISHOP OF SAN
DIEGO AND RANCHO BERNARDO CONVALESCENT HOME 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
or agent.
Da ted : l.-),c,-35 C!TY OF POWA Y
By: '--rn . . K :::fJ~b:..
~
Marjorie K. Wahlsten
Ci ty Cl\~