Grant of Easement for Public Access G-1640-09 2012-0173128D 0 C # 2012-0173128
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
P CITY CLERK
N Y CITY OF POWAY
P.O. BOX 789
V POWAY, CA 92074
MAR 26, 2012 10:42 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES: 000
OC NA
PAGES: 8
(This space for Recorder's use only)
APN: 314 - 220 -70
GRANT OF EASEMENT
FOR PUBLIC ACCESS
G- 1640 -09
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government
Agency)
CITY OF POWAY HOUSING AUTHORITY (hereinafter "GRANTOR") hereby grants to CITY
OF POWAY (hereinafter "GRANTEE "), its successors or assigns, the following described
easement for public access purposes, in, upon, over, under and across the lands described in
Exhibit "A ", depicted in Exhibit "B ", attached hereto and made a part hereof, to erect, construct,
reconstruct, replace, repair, and maintain public access, at such locations and elevations,
upon, along, over and under the property described in Exhibit "A" as GRANTEE may now or
hereafter determine in its sole discretion without any additional compensation therefor,
together with the right of ingress and egress from the easement by a practical route or routes
in, upon, over, or across the land described below, together with the right to use this easement
for access to GRANTEE's rights -of -way situated in adjacent lands, without any addition
compensation therefor.
The land encompassing this easement is situated in the County of San Diego, State of
California, and is more particularly described in Exhibit'A', attached.
GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to be
erected or constructed any building, structure or improvement, or plant any tree or trees or
plant any other vegetation or flora within said easement without the express written approval of
the City of Poway as evidenced by the signature of the City Engineer on an approved plan.
GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any
portion of the easement.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the
easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees,
brush, or other vegetation or flora from time to time as GRANTEE determines in its sole
discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over
this easement without obtaining the prior written consent of GRANTEE.
}
GRANTEE may at any time increase its use of the easement, change the location of pipelines
or other facilities within the boundaries of the easement right -of -way, or modify the size of
existing pipelines or other improvements as it may determine in its sole discretion from time to
time without paying any additional compensation to GRANTOR or GRANTOR's heirs,
successors, or assigns.
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs,
successors, or assigns, shall not increase or decrease or permit to be increased or decreased
the existing ground elevations of the above described easement which exists at the time this
document is executed without obtaining the prior written consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not litigation is commenced,
or if any arbitration proceeding, administrative proceeding or litigation in law or in equity,
including an action for declaratory relief, is brought to enforce or interpret the provisions or
performance of this easement, the prevailing party shall be entitled to an award of all
attorney's fees and the costs of the proceeding, which shall be determined by the court or the
presiding officer having authority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 20 .*k day of
Ayw Gh , 20 Ij
Dated: 3/Z0 By
Its:
Approved as to Form:
Office of the City Attorney
u
Morg F ey, ity orney
(Signatures must be notarized.
Notary form attached.)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On March 20, 2012 before me, Carol S. Legg, Notary Public, personally appeared Penny
Riley, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature 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 and official seal.
CAROL S. LEGG
Cormnl11*0. 1934108
Le 4
- County C !4,
Comm. r28,2O18 Carol S. Legg, Notary Public UU
OPTIONAL
Title or type of document Grant of Easement for Public Access. G- 1640 -09. APN 314 - 220 -70.
Document Date March 20, 2012
Number of Pages 2, plus Exhibits "A" and "B"
Signers Other Than Named Above Morgan Foley, City Attorney
CERTIFICATE OF ACCEPTANCE
Thi pi/s� to certify that the interest in real property conveyed by the deed or grant
dated: 161 YC �1 i 2D I2 The City of Poway Housing Authority, 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: CITY OF POWAY
i
- Troyan, City Clerk
J- 15461 -A
EXHIBIT "A"
PUBLIC ACCESS EASEMENT
That portion of Parcel 2 of Parcel Map No. 19198, in the city of Poway, County of San
Diego, State of California, according to map thereof filed in the office of the County
Recorder, April 1, 2003. said portion being more particularly described as follows:
Commencing at the Southwest corner of Parcel 2 of said Parcel Map No. 19198;
thence along the Southerly line of said Parcel 2 South 89 0 16'06" East 21.85 feet to the
point of cusp of a tangent 10.00 foot radius curve concave Northeasterly, said point
being the most Southeasterly corner of Brighton Avenue per deed recorded June 28,
2011 as Document No. 2011 - 0327701 of Official Records; thence leaving said Southerly
line and along the Easterly line of said Brighton Avenue the following 7 courses
Northwesterly along the arc of said curve through a central angle of 89 0 22'08" a
distance of 15.60 feet; thence North 00 0 06'03" East 3.20 feet to the beginning of a
tangent 533.00 foot radius curve concave Easterly; thence Northerly along the arc of
said curve through a central angle of 01 a distance of 17.99 feet; thence North
02 0 02'03" East 100.00 feet to the beginning of a tangent 567.00 foot radius curve
concave Westerly; thence Northerly along the arc of said curve through a central angle
of 01 0 56'00" a distance of 19.13 feet; thence North 00 0 06'03" East 273.58 feet to the
beginning of a tangent 567.00 foot radius curve concave Westerly; thence Northerly
along the arc of said curve through a central angle of 00 0 06'55" a distance of 1.14 feet
to the TRUE POINT OF BEGINNING; thence leaving said Easterly line non - tangent to
said curve South 89 0 53'57" East 23.00 feet; thence South 00 0 06'03" West 254.57 feet;
thence North 89 0 53'57" West 23.00 feet to the Easterly line of said Street Dedication;
thence along said Easterly line North 00 0 06'03" East 5.00 feet; thence leaving said
Easterly line South 89 0 53'57" East 18.00 feet; thence North 00 0 06'03" East 244.57 feet;
thence North 89 0 53'57" West 18.00 feet to the Easterly line of said Brighton Avenue;
thence along said Easterly line the following 2 courses North 00 0 06'03" East 3.86 feet to
the beginning of a tangent 567.00 foot radius curve concave Westerly; thence Northerly
along the arc of said curve through a central angle of 00 0 06'55" a distance of 1.14 feet
to the TRUE POINT OF BEGINNING.
Page 1 of 2
Containing 1453 square feet, more or less.
The above described land is more particularly delineated on Exhibit "B ", attached hereto
and made a part hereof.
Z_ - iU-
A. McMichael, LS 6187 Date
Ec/ files / legals /15461A_lg_Public_Access_Esmt_ Legal.dooc
Page 2 of 2
I FrFAIT)
EXHIBIT "B"
�i INDICATES PUBLIC ACCESS EASEMENT
GRANTER HEREON; 1453 SQUARE FEET
(1
INDICATES RECORD DATA
PER P.M. NO. 16078
C I INDICATES RECORD DATA
PER P.M. NO. 19198
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
P.O C INDICATES POINT OF COMMENCEMENT
O PORTIONS OF PARCELS 1 & 2 OF
P.M. 19198 DEDICATED TO THE
CITY OF POWA Y FOR PUBLIC STREET
PER DEED RECORDED 612812011
AS DOCUMENT NO. 2011-0327701 O.R.
REFERENCE DRAWINGS
P. M. 19198; P.M. 16078
BASIS OFBEAR/NGS
BASIS OF BEARINGS FOR THIS
PLAT IS THE SOUTHERLY RIGHT
OF WAY LINE OF ADRIAN STREET
PER P.M. NO. 16078
I.E. N89° 16'24W
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POWAY F o N
SCRAPP POWAY PKWY. U
V /C/N/TY MAP
NO SCALE
5620 FRIARS ROAD J. 15461A
SAN DIEGO, CA 92110
619.291.0707
(FAX)619.291.4165
PATRICK A. McMICHAEL, LS 6167 DATE
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EXHIBIT " A "
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EDGEMOOR STREET
60 WIDE PER MAP 331
5620 FRIARS ROAD J. 15461A
SAN DIEGO, CA 92110
619.291.0707
(FAX)619291.4165
PUBLIC ACCESS EASEMENT
TO THE CITY OFPOWA Y
SHEET 2 OF 2