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)