Easement Deed and Agreement 2011-0436951F D O C ## 2011 - 0436951
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Recording Requested By ) AUG 24, 2011 11:10 AM
hI OFFICIAL RECORDS
CITY OF POWAY SAN DIEGO COUNTY RECORDER'S OFFICE
j QcN� Ernest J.Dronenburg,Jr.,COUNTYRECORDER
FEES: 0.00
When Recorded Mail to: ) OC: NA
PAGES: 9
CITY CLERK
CITY OF POWAY )
PO BOX 789 ) 7 8
POWAY, CA 92704 -0789 )
APN: 273 - 900 -3100 SPACE ABOVE THIS LINE FOR RECORDERS USE
EASEMENT DEED AND AGREEMENT
Exempt from Recording Fees Pursuant to
Government Code Section 27383 - Benefits City
THIS EASEMENT DEED AND AGREEMENT is made this day of 2011, by by Dr. Glenn B. H. Park as Trustee of the Park Family Trust dated April 30, 1997 (Grantor"),
in favor of the City of Poway ( "Grantee "), for the mutual benefit of Grantor and Grantee, with
reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple of certain real property in the City of Poway,
County of San Diego, State of California, with a street address of 17648 Valle Verde Road, and
Assessor's Parcel Number of 273 - 900 -3100, described more fully in Exhibit A (the "Property "); and
B. A sewer easement over a portion of the Property was granted in 1979 to the
Pomerado County Water District per Document No. 79- 524951 ( "Easement "), recorded
December 14, 1979. Grantee acquired title to the Easement as the successor agency to the
Pomerado County Water District, when Grantee incorporated in December 1980; and
C. Grantor wishes to grant an Easement to allow Grantee access along, over and
across that portion of the sewer easement described in Document No. 79- 524951 lying within the
property; and
D. The granting of this Easement by the Grantor to the Grantee will provide a public
benefit, and a benefit to Grantor's Property, because the expanded Easement rights will facilitate
the maintenance and repair of the public trail and drainage facilities, as well as the area sewer
facilities located on the property; and
E. The granting of this Easement by the Grantor will not unduly interfere with the Grantor's
use and enjoyment of the Property, or the use and enjoyment of the Property by any future owner
of the Property.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recital and mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to California law, Grantor hereby voluntarily deeds and
conveys to Grantee an Easement over the Property as follows.
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1. Purpose The purpose of this Easement is to allow Grantee, its employees and
agents, the right, subject to the terms and conditions of this Agreement, to use the Easement for
the purpose of ingress and egress. Grantor's rights under the Easement include the right of
pedestrian and vehicular access to, and egress from, the Easement area.
2. Description of the Easement The Easement shall consist of the same area granted
to the Pomerado County Water District per Document No. 79- 524951 that lies within the property.
3. Duration The Easement shall be in perpetuity from the date of execution of this
deed, or until such time as the easement is no longer needed as determined by the City of Poway.
4. Grantor's Rights Grantor reserves to itself, and to Grantor's personal
representatives, heirs, successors, and assigns, all rights accruing from its ownership of the
Property, including the right to engage in or permit or invite others to engage in all uses of the
Easement that are not inconsistent with the purposes of this Easement.
5. Prohibited Uses Any activity on or use of the Easement Property inconsistent with
the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the
following uses by Grantee, Grantee's agents, and third parties, are expressly prohibited:
(a) Erecting of any building, structure or enclosure over the Property.
(b) Causing damage to the Property, with the exception of reasonable wear and
tear from the elements. Grantee shall keep and maintain the Easement in good
condition and promptly repair any damage to the Easement caused by Grantee
or its employees or agents.
6. Maintenance of Easement The Grantee agrees to maintain the dirt Easement as
nearly as practicable to the grade and condition of the surrounding ground.
7. Grantor's Remedies If Grantor determines that Grantee is in violation of the terms
of this Easement, Grantor shall give written notice to Grantee of such violation and demand in
writing the cure of such violation. If Grantee fails to cure the violation within fifteen (15) days after
receipt of said written notice and demand from Grantor, or said cure reasonably requires more than
fifteen (15) days to complete and Grantee fails to begin the cure within the fifteen (15) days period
or fails to continue diligently to complete the cure, Grantor may bring an action at law or in equity in
a court of competent jurisdiction to enforce compliance by Grantee with the terms of this
Easement, to recover any damages to which Grantor may be entitled for violation by Grantee of
the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or
permanent injunction without the necessity of proving either actual damages or the inadequacy of
otherwise available legal remedies, or for other equitable relief, including, but not limited to, the
restoration of the Property to the condition in which it existed prior to any such violation or injury.
Without limiting Grantee's liability therefore, Grantor may apply any damages recovered to the cost
of undertaking any corrective action on the Property.
8. Grantor's Discretion Enforcement of the terms of this Easement by Grantor shall
be at the discretion of Grantor, and any forbearance by Grantor to exercise Grantor's rights under
this Easement in the event of any breach of any term of this Easement by Grantee shall not be
deemed or construed to be a waiver by Grantor of such term or of any subsequent breach of the
same or any other term of this Easement or of any of Grantor's rights under this Easement. No
delay or omission by Grantor in the exercise of any right or remedy upon any breach by Grantee
shall impair such right or remedy or be construed as a waiver.
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9. Acts Beyond Grantee's Control Nothing contained in this Easement shall be
construed to entitle Grantor to bring any action against Grantee for any injury to or change in the
Property resulting from causes beyond Grantee's control, including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken by Grantee under emergency
conditions to prevent, abate, or mitigate significant injury to the Easement Property resulting from
such causes.
10. Public Access This Easement is for the exclusive use of Grantee, and does not
convey a general right of access to the public.
11. Costs and Liabilities Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Easement and the Property, other than the shared maintenance costs for the Easement described
in Section 6.
12. Hold Harmless Grantee shall hold harmless, indemnify, and defend Grantor from and
against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including without limitation, usual and customary attorney's fees, arising
from or in any way connected with injury to or the death of any person, or physical damages to any
property, resulting from any act, omission, condition, or other matter related to Grantee's use of the
Easement, regardless of cause, unless due to the negligence or intentional act of Grantor.
13. Sale of Grantee's Property This Easement is an appurtenant easement which runs
with the land during the term of this Easement Agreement. In the event that Grantor sells, transfers
or otherwise hypothecates Grantor's property during the term of this Easement, Grantor's rights
and obligations under this Agreement will transfer to the purchaser of Grantor's property, for the
remainder of the term of the Easement, and under the same terms and conditions set forth in this
Deed.
14. Notices Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and be served personally or
sent by first class mail, postage prepaid, addressed as follows:
To Grantee: City Manager, City of Poway
13365 Civic Center Drive
Poway, CA 92064
To Grantor: Dr. Glenn B. H. Park
17648 Valle Verde Road
Poway, CA 92064
or to such other address as either party shall designate by written notice to the other. Notice shall
be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by
first class mail, five (5) days after deposit into the United States mail.
15. Amendment This Easement may be amended by Grantor and Grantee by mutual
written agreement. Any such amendment shall be consistent with the purposes of this Easement.
Any such amendment shall be recorded in the official records of San Diego County, State of
California.
16. General Provisions
(a) Controlling Law The interpretation and performance of this Easement shall be
governed by the laws of the State of California.
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(b) Severability If a court of competent jurisdiction voids or invalidates on its face
any provision of this Easement, such action shall not affect the remainder of this
Easement. If a court of competent jurisdiction voids or invalidates the
application any provision of this Easement to person or circumstance, such
action shall not affect the application of the provision to other persons or
circumstances.
(c) Entire Agreement This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement. No alteration or
variation of this instrument shall be valid or binding unless contained in an
amendment in accordance with Section 15.
(d) No Forfeiture Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(e) Termination of Rights and Obligations A party's rights and obligations under
this Easement terminate upon transfer of the party's interest in the Easement or
the Property, except that liability for acts or omissions occurring prior to transfer
shall survive transfer.
(f) Captions The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no
effect upon construction or interpretation.
(g) Counterparts The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by parties; each
counterpart shall be deemed an original instrument as against any party who
has signed it. In the event of any disparity between the counterparts produced,
the recorded counterpart shall be controlling.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement the day and year first
above written.
GRANTOR:
BY:
Dr. Glenn B. H. Park, Trustee
GRANTEE:
BY:
Penny Riley
City Manager
[Signatures must be notarized] APPROVED AS TO FORM:
BY: &�* gj
orga L. ley
ttorney
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7822
CALIFO . > ACKN
State of California
County of 1 t; 0
On ZD l before me
Date /7 Here Insert Name and Title of th6 Officer
personally appeared
L
PHYLLIS SHINN
Commission # 1778898
. �d Notary Public - California
San Diego County
Comm. =es Nov 9, 2011
Place Notary Seal Above
who proved tome on the basis of satisfactory evidence to
be the person( whose name(k) is /a)k subscribed to the
within instrument and acknowledged to me that
P 1she /tl�y executed the same in t9s 1her /th)kr authorized
capacity(i ), and that by I`*/her /th)4r signatureN on the
instrument the person(, or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand, d official seal.
Signature
O ae � Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �,gS� '��,�ti ! ✓ f�i
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
•. of thumb here
Number of Pages: t
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
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7823
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of �dA I2gr-,
J
On IA_d+ 17 a0f I before me, 1
Date nn Here I and Title of the Office
personally appeared L 9,f1A n 6A4 gar� Par
Name(a) of Signer(jj
who proved to me on the basis of satisfactory
evidence to be the person(} whose name(* islae
subscribed to the within instrument and acknowledged
to me that executed the same in
is it authorized capacity(iesj, and that by
~ � is signature(2 - on the instrument the
�M�MIrMIt♦ 1fNNi person( *, or the entity upon behalf of which the
person(* acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (�X" .444V
Place Notary Seal Above OPTIONAL Signature of otarO
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document It ,
Title or Type of Docu
Document Date:
Signer(s) Other Than Named Above: r-41L
Capacity(ies) Claimed by Signer(s)
Signer's Name: (2- Pun Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner-0 Limited ❑ General Top of thumb here
El Attorney in Fact
1:1 Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages: 140 6i
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General T of thumb here
El Attorney in Fact
El Trustee
11 Guardian or Conservator
❑ Other:
Signer Is Representing
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7 824
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: 4 J. ZEY"C
Commission Number:
A�2� �� Date Commission Expires: z& 2f �v
County Where Bond is Filed:
Manufacturer or Vendor Number: il/,1 4 /
(Located on both sides of the notary seal border)
Signatu
Firm Name (if applicable)
Place of Execution: San Diego Date: �, / /
Rec. Form #R10.1 (Rev. 6/11/03)
"EXHIBIT A" 7825
LOT 31 OF COUNTY OF SAN DIEGO TRACT 3842 -1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 9620, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, APRIL 15, 1980.
CERTIFICATE OF ACCEPTANCE
7826 t � OF POW`�1'
Tti C� �VrnrPnrnied IVtlV `'���
CITY IN THE Co
This is to certify that the interest in real property conveyed by the deed or grant dated:
l' 201 , by Dr. Glenn B. H. Park as Trustee of the Park Family Trust
dated April 30, 1997, 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:
Seal:
CITY OF POWAY
Y�
Troyan, MMC
Clerk
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