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Grant of Easement Pedestrian/Equestrian 1986-128920 ., " .'-' '0 '61 86-12.;0 1049 ...--, [77",,- - . R'O.j-jJH . \ 1:-:,2LO,._-,\ :""W'l~~ I _.....1' .I;'~ \1 '~',r.,C U~'.e..'G . ',..".; ~, _..l '- ..- ..... " ,. ! '. ," 01",., \ ~ .:.;1.... j';J' j''i''1; I~i ~. '; ,. ~;;",. ~ rr;r"!".St.,.\ t~,r.;"':; Vy-" Recording Requested By: 19Sti ~PR -3 ~H 9: 05 VERil,':L. LYLE \ ~UHTl RECOROE~ City of poway When Recorded Mail To: city Clerk City of poway Post Office Box 785 Poway, California 92064 Title Order No. Tax Parcel No. 275-260-0J NOf~t GRANT OF EASEMENT Pedestrian and Equestrian Easement HOWARD G. SMITS and GWEN LAURIE M. SMITS, husband and wife (together herein "GRANTOR"), hereby grant to the CITY OF POWAY, a municipal corporation (herein "GRANTEE"), a non-exclusive easement in gross on, over and across that portion of PARCEL 69 of RECORD OF SURVEY NO. 3842, filed in the Office of the County Recorder of San Diego County, California, on February 15, 1956, located in the City of Poway, California, described on Exhibit "A" attached hereto and made a part hereof, for purposes of a pedestrian and equestrian trail. The easement granted herein may be used by GRANTEE and members of the public for walking and horseriding purposes but for no other purpose without the prior written consent of the owner of land on which the easement is located. GRANTEE shall not construct any improvements on, nor install any landscapIng to, nor change 'the grade or elevation of the easement without prior written notification to the owner of the land on which the easement is located. GRANTEE hereby agrees to hold GRANTOR', its successors and assigns, including the owners of the land onwhlch the easement is located, harmlessfTom and to indeml1Lfyeach against, any and all claims, demands" costs (including attorney's fees), losses, obligations and liabilities which l1lay be made against or incurred by GRANTOR, its successors and assigns; including the owners of the land on which the easement .is lo"cated, arising out of. or in connection with the use by GRANTEE or members of the public of the easement granted herein. This hold harmless and indemnity -1- " .' . 1050 , agreement shall extend to and include any claims, demands, costs (including attorney's fees), losses, obligations and liabilities arising out of injuries resulting from fences, walls and barricades adjacent to the easement, whether or not located within the easement. In the event of litigation between GRANTOR, its successors and assigns, and GRANTEE arising out of or in connection with this Grant of Easement, the prevailing party shall be entitled to costs of suit and a sum for attorney's fees as the Court deems reasonable. IN WITNESS WHEREOF, GRANTOR Easement as of March 21, 1986. this Grant of ~-. // This is to certify that the interest in real property conveyed by this Grant of Easement dated March 12, 1986 from HOWARD G. SMITS and GWEN LAURIE M. SMITS to the CITY OF POWAY, a municipal corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the Governing Board pursuant to authority conferred by Resolution No. 34 of the Governing Board adopted on January 20, 1981, and GRANTEE consents to recordation thereof by its duly authorized officer. Dated: y-\-Slc CITY OF POWAY By 'rYi ~~L r:: ;ilJ~ tz..- MarjOri~. Wahlsten, City Clerk -2- ',' . . , t 1051 STATE OF CALIFORNIA LOS ANGELES COUNTY OF ~XE~ ) ) ss. ) On this 26th day of March 1986, before me, TheresaC. Higgins , a Notary Public in and for said state, personally appeared HOWARD G. SMITS and GWEN LAURIE M. SMITS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Q~,~c.~ NOTARY PUBLIC ~D OFFICIAL SEAL ~~l~-.~X, THERESA C. HIGGINS : C) .;; NOTARY PUBLIC - CALIfORNIA '1JJ .. PRINCIPAL OFFICE IN ~',":..' LOS ANGELES COUelTY My. Commission Expires March 17, 1989 it y y y . . . ~. .~ STATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN DIEGO On this IAF day of Ii rn L , 19 h::, before me, . 'F 0 .S "- I her I , a Notary Public in and for said state, personally appeared MARJORIE K. WAHLSTEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Clerk of the, CITY OF POWAY, the .municipal corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation thereil1 named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. :,......,.; OFFICIAL.5EAL' .,.~"" JQSEIBERT :~'l':~j-~U~-;;~ NOTARY PUBLIC. CALIFORNIA "J ';Y!Jf:lf}ii SAN DIEGO COLlN"TY <. ~-<!:~ My (omm.E,pireIO{! 18.\9~B ~~-V{ TARY PUBLIC .' . - I. " 1052 , I I I : EXHIBIT "A" A strip of land 12..00 feet in width, the southerly boundary of which is the southerly boundary of PARCEL 69 of RECORD OF SURVEY NO. 3842, extending from the Easterly to the Westerly boundary lines of PARCEL 69 of RECORD OF SURVEY NO. 3842. .'