Grant of Easement Pedestrian/Equestrian 1986-128920
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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
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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
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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:
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CITY OF POWAY
By 'rYi ~~L r:: ;ilJ~ tz..-
MarjOri~. Wahlsten, City
Clerk
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1051
STATE OF CALIFORNIA
LOS ANGELES
COUNTY OF ~XE~
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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
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) ss.
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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
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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.
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