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Public Access Easement 2001-0600687RECORDING REQUESTED BY: j DOC CITY OF'POWAY ) WHEN RECORDED MAIL TO: ) A,Z,� Aug 23, CITY CLERK CITY OF'POWAY P:O. BOX 789 POWAY CA 92074 No Transfer Tax Due IIIIIIIIlIIIIII Assessor Parcel No. 317 - 640 -52 2001 - 060068 2001 E3 :14 AM OFFICIAL RECOIN SAN DIEGO CEO RECOIN'S OFFICE GITM J. SMITH, CO11M RE HER FEES: 0.00 OC: NA ' Recorder's Use Only) PUBLIC ACCESS EASEMENT Community of the Crucified One, Incorporated, hereinafter called "GRANTOR ", does hereby grant, convey and dedicate to the-City of Poway, a political subdivision of the State of California, hereinafter called GRANTEE, a Public Access Easement fora Public Passive Recreation Area and public access between Silver Lake Drive and Elmpark Lane, over, upon, and across that certain real property, in the City of Poway, County of San Diego, State of California, described as follows (and as shown in Exhibit A): A portion of land lying within Lot 100 of Golden City Unit No. 1, according to Map No. 6877, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of said County on March 18, 1971 as File No. 52438 of Official Records, described as follows: Commencing at the Southwest corner of said Lot 100; thence along the westerly line of said Lot 100 North 11 56'09" East, 154.23 feet to the True Point of Beginning; thence continuing along the westerly line North 11 56' 09" East, 65.25 feet to the beginning of a curve, concave southeasterly having a radius of 1,772.00 feet, thence northerly along said curve through a central angle of 00 52' 01" an arc length of 26.81 feet; thence South 87 11' 50" East (radial), 86.54 feet; thence South 30 37' 34" East, 85.30 feet; thence South 870 58'30" East, 151.89 feet to a point on a curve having a 48.00 foot radius, a radial line to said curve bears South 541 16' 47" East; thence southwesterly along said curve through a central angle of 80 14' 31" an arc length of 6.90 feet, a radial line to said curve bears South 620 31' 18" East' thence North 870 58' 30" West, 243:48 feet to the True Point of Beginning. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other valuable consideration, the CITY and OWNER agree as set forth below: A) GRANTOR also grants the right to GRANTEE to enter upon the subject land and remove any buildings, structures, or other things whatsoever constructed, erected, placed, or maintained on the subject land contrary to the purpose of the easement. B) GRANTOR covenants and agrees for himself and his successors and assigns not to construct any structures, other than permitted per City of Poway Resolution No. P -00 -63 of CUP 60 -17 and /or per subsequent amendments to the Conditional Use Permit. fr Q10.1 . COP` C pp. � aWa-08' 16OLH( 0 04 21 z C) GRANTOR.- covenants and agrees for himself and his successors and assigns to provide improyements:witiih' the passive park area per City of Poway Resolution No. P -00 -63 of CUP 00 -17 and /or,per subsequent amendments'to the.Conditional Use Permit. D) If either party is required to incur cost to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The City may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against the GRANTOR. Dated this day of 1645 WJ , 2001. OWNER: Community of the Crucified One, Incorporated By - — -- Name: Gary D. Crandall Its: Pastor Resurrection Prayer Community City of Poway, a municip✓ corpora . on By: Name: Niall Fritz Its: Director of Development Services 8� d =o °SZ ai" R= i »z.0„ N Q W� c a 0 V � hJ S.W GoRNEQ (53 Exyieir „A ., LOT w� o _ V Ih � Qo w �iPE�HiPE"O BY •' M /,(�E� SLfiTE�, �G. S, ��6 ✓UGy Z% ZDD /. 4213 N. X00 v�j NO. 4!5977 � d`B °L4'3 /r jQ n X8.00" S �re� EL/VPAIVir LANE /a3 /off 79 Exp. 6130104 k NO. L.S. 6706 Q `f'T � � \TF r) C. re\ CALIFORNIA ALL -PURPO E ACKNOWLEDGMENT 4214 State of (2 0L�!li i • X2 Chi 1 --011-+ County of �%_ r) b +C eg V On PA IP�10ta)yL before me, Slr\,e a1 e � WO( ce tI V uate /\ — — Name antl T ule of Officer (e.g., 'Jane ee€,wola_ry Public') personally appeared to me on the basis of satisfactory evidence to be the persons/ whose nam�gsj�qimv- Subscribed to the within instrument and acknowledged to me thakhey executed the same i. � /_ z - r•••uthorize capacity(js), and that by ii . ignature& on the instrument the personK, or the entity upon behalf of which the persori(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary OPTIONAL 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: T Il h nM'C_t�) 11tH t– Document Date: rl 1 Q f C>K-) , Number of Pages: _ Signer(s) Other Than Named Above' Capacity(ies) Claimed by Signers) Signer's Name:G0.n -1 D -CkA 1CnJ( O i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRIHf j Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner— ❑ Limited ❑ Attorney -in -Fact ❑ Trustee 0 General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHi•THUMBP T "OF SIGNER'*%. O 1994 National Notary Associalion • 8236 Semmes Ave., P.O. Box 7184 • Canoga Par, CA 91309 -7194 Prod. No 5907 Reorder: Call Toll -Free 1- 800 -876 -6627 CITY OF POWA4P- MICKEY CAFAGNA, Mayor JAY GOLDBY, Deputy Mayor BOB EMERY, Councilmember 4 215 C DON HIGGINSON, Councilmember BETTY REXFORD, Councilmember CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Public Access Easement Deed or grant dated the 10th day of August , 2001, from the Community of the Crucified One, Incorporated, Gary D. Crandall its Pastor of the Resurrection Prayer Community, Grantor, to the City of Poway, a political corporation and /or governmental agency, Grantee, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. P -00 -63 adopted on August 15, 2001, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: August 21, 2001 By. Lori Anne Peoples, City Clerk Mailing Address: P.O t LOC: City Hall Located at 13325 Civic Center Drive Box 789, Poway, California 92074 -0789 e (858) 748 -6600, 695 -1400 FAX 748 -1455