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Grant of Easement Agreement 2012-0684781h 1 1111111 IIII IIIII 111111 IIIII 2012-0681781 flBCtiNQED ATTHE REQUEST Of IIII IIII IIII CWAM TITU CO. p NOV 01, 212 4:22 PM 2 .2 6 % 6 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE AND WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 CITY OF POWAY OC: NA ATTN: CITY CLERK PAGES: 13325 CIVIC CENTER DRIVE POWAY CA 92064 11111111 Hill Hill Hill Hill 11111Hill Hill Hill Hill Hill Hill Hill Hill Hill IN1111I Exempt from recording fees pursuant to Government Code Section 6103 (This Space for Recorder's Use Only) APN 317 - 101 -49 NO DOCUMENT TRANSFER TAX GRANT OF EASEMENT AGREEMENT (Bus Shelter and Associated Improvements) THIS GRANT OF EASEMENT AGREEMENT (the "Agreement ") is entered into this J/S7- day of October, 2012, by and between LIBRARY PLAZA POWAY, LLC, a Delaware limited liability company, (hereinafter referred to as "Grantor "), and the CITY OF POWAY, a municipal corporation, (hereinafter referred to as "Grantee "), with reference to the following: RECITALS A. Grantor holds fee title to the property identified as Assessor's Parcel Number 317 - 101 -49 (as described in Exhibit "A" and shown in Exhibit "B ", attached hereto and incorporated herein) (the "Servient Tenement" or the "Property ") and has the right and authority to grant this Easement. B. Grantee holds title to rights -of -way (the "Dominant Tenement ") for pedestrian and vehicular traffic immediately adjacent to the Property, including use for public transit vehicles, which require locations for the transit vehicles to stop on a regular and scheduled basis in order to allow the public to embark and disembark from the transit vehicles. C. Grantor and Grantee desire to enter into this Agreement, whereby Grantor grants to Grantee an easement on the Property for in favor of the Dominant Tenement, and to construct improvements upon the Servient Tenement, on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this agreement, Grantor and Grantee agree as follows: 1. Grant of Easement for Bus Shelter and Related Improvements. Grantor hereby grants to Grantee an easement over, under and upon the Property (the "Easement "), for the purposes of constructing, placing, replacing, maintaining, energizing, and repairing, a bus shelter, and other associated and ancillary improvements (the "Improvements "); 2 36 7 7 for continuous and permanent public access to the Improvements; and the necessary rights of ingress and egress upon, over or across the Property for the purposes of the repair, maintenance, replacement, energizing and public use of the Improvements located on the Easement. Said Easement shall be over, under, and across the Property, and is more particularly described in Exhibit "A" (Legal Description), and Exhibit "B" (Map of Subject Property), which are attached hereto and incorporated herein as if set forth in full herein, by this reference. Grantor further grants to Grantee all trees, growths and existing materials within said Easement, together with the right to prune, trim, maintain, remove, replace, and otherwise to use the same in such manner and such locations as Grantee may deem proper or necessary for the repair, maintenance, or reconstruction of the Improvements and the Easement. 2. Waiver of Severance Damages. Grantor for him /herself his /her successors, and assigns, hereby waives any claim for any and all severance damages to Grantor's remaining property contiguous to the Easement hereby conveyed by reason of the location, relocation, construction, replacement, landscaping, repair or maintenance of said Easement. 3. Indemnity. Grantee agrees, to the extent permitted by law, to defend, indemnify, and hold Grantor harmless from and against any and all claims, costs, expenses, suits, damages, or liabilities to the extent arising out of or connected with the use of the Easement by Grantee or any of its officers, agents, employees, or the general public. 4. Term of Easement. This Agreement shall be binding upon the heirs, successors and assigns of the Grantor, and the term of the Easement granted by this Agreement shall be for as long as the Grantee, and its heirs, successors and assigns, shall own or possess the Dominant Tenement for the purposes provided in Recital B, above. 5. Amendment. This Agreement may be amended only by a written instrument executed and acknowledged by the Grantee and the then owner of fee title to the Property and recorded in the Official Records of San Diego County, California. IN WITNESS WHEREOF, the parties have executed this instrument as of the date first set forth hereinabove. GRANTOR: GRANTEE: LIBRARY PLAZA POWAY, LLC CITY OF POWAY By: vll � By: Trong Pha , Membe 2 23678 EXHIBIT "A" LEGAL DESCRIPTION ASSESSOR'S PARCEL NUMBER 317 - 101 -49 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN QUITCLAIM DEED RECORDED NOVEMBER 30, 2004 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS DOCUMENT NO. 2004 - 1124204, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF POWAY ROAD AS SHOWN ON RECORD OF SURVEY 17219 RECORDED DECEMBER 14, 2001 AS FILE NO. 2001 - 0921463 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 89° 08'30" WEST 71.54 FEET FROM THE EASTERLY LINE OF SAID SOUTHWEST QUARTER ALONG SAID NORTHERLY RIGHT OF WAY, THENCE ALONG SAID NORTHERLY RIGHT OF WAY NORTH 89'08'30" WEST 26.99 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY NORTH 000 51'30" EAST 20.43 FEET; THENCE SOUTH 89'08'30" EAST 26.99 FEET: THENCE SOUTH 000 51'30' WEST 20.43 FEET TO THE POINT OF BEGINNING. CONTAINING 551 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE PART HEREOF IS A PLAT LABELED EXHIBIT'B' SCALE: 1"=40' DETAIL SCALE: 1 " =10' EXHIBIT "B" 23679 PORTION SW 1/4, NW 1/4, SEC 13, T14S, R2W, SBM NORTHERLY I I I I I I I EXISTING WATER SERVICE EASEMENT TO I I I I POWAY LIBRARY PLAZA, LLC RECORDED NOVEMBER 1, 2001 AS DOC. NO. 2001- 0800162 O.R. I Imo- -EXISTING WALKWAY ACCESS EASEMENT TO _ II POWAY LIBRARY PLAZA, LLC RECORDED �I I I NOVEMBER 1, 2001 AS DOC. NO. I I 1 2001 - 0800162 O.R. I I I I rUPYAT Kl THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. MICHAEL L. SCHLUMPBERGER, PLS 7790 ® DENOTES EASEMENT ACQUISITION AREA 551 SQUARE FEET MORE OR LESS Right -Of -Way Engineering Services, Inc. 615 S. Tremont Street • Oceanside, CA 92054 (760) 637 -2700 FAX (760) 637 -2701 File Name: Bus Shelter Easement.dwg Job No. 1203 - 0010 -02 NOTE: BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON RECORD INFORMATION PER RECORD OF SURVEY 17219 INDS 172T9 APN: 317- 101 -49 O w w 2004 - 1124204 J Ir� SEE "W I z DETAIL N89'08'30 N a !zW BELOW 71.54' w POWAY ROAD I I I I I I I EXISTING WATER SERVICE EASEMENT TO I I I I POWAY LIBRARY PLAZA, LLC RECORDED NOVEMBER 1, 2001 AS DOC. NO. 2001- 0800162 O.R. I Imo- -EXISTING WALKWAY ACCESS EASEMENT TO _ II POWAY LIBRARY PLAZA, LLC RECORDED �I I I NOVEMBER 1, 2001 AS DOC. NO. I I 1 2001 - 0800162 O.R. I I I I rUPYAT Kl THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. MICHAEL L. SCHLUMPBERGER, PLS 7790 ® DENOTES EASEMENT ACQUISITION AREA 551 SQUARE FEET MORE OR LESS Right -Of -Way Engineering Services, Inc. 615 S. Tremont Street • Oceanside, CA 92054 (760) 637 -2700 FAX (760) 637 -2701 File Name: Bus Shelter Easement.dwg Job No. 1203 - 0010 -02 NOTE: BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON RECORD INFORMATION PER RECORD OF SURVEY 17219 STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On ocC obpr 2"1 ?Dl 'Z before me, personally appeared -T Y, oNG i• I U N pN l evidence to be the person(s) whose name(s is rf to me that0she /they executed the same i /he signature(s) on the instrument the person(s), or executed the instrument. 23680 rj'yWcA �l�le ✓ %E'7 Notary Public, )-A , who proved to me on the basis of satisfactory subscribed to the within instrument and acknowledged r /their authorized capacity(ies), and that b)Cis / her /their the entity upon behalf of which the person(s) acted, 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NORMINA GUTIERREZ Witness my hand and official seal. Commission - 19654ni ) Notary Public - California San Diego County Comm. Expires Jan 1, 2016 Notary Public (Seal) STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On 6&11D6¢r- 30 414- before me, i 1aro1 S . USI , Notary Public, personally appeared 0 V#AA 41 Q,1 who proved to me on the basis of satisfactory evidence to be the person(o whose name(&) is /R* subscribed to the within instrument and acknowledged to me that He/she /tlity executed the same in 1? s /her /ty8ir authorized capacity(,), and that by W /her /their signature(O on the instrument the person(s), or the entity upon behalf of which the person(a) 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. Notary r CAROL S. LEGG Commission # 1934186 Notary Public - California z San Diego QM Comm. Expires Apr 28, 2015 (Seal)