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Grant of Street Right-of-Way and Grant of Temporary Construction Easement for Pathway Improvements 2017-0201754RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY. CA 92074 APN: 321-01141 DOC# 2017-0201754 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII May 04, 2017 04:39 PM OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PCOR: N/A PAGES:9 (This space for Recorder's Use) GRANT OF STREET RIGHT-OF-WAY and GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR PATHWAY IMPROVEMENTS The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) Joel Bocanegra and Emily Bocanegra husband and wife as joint tenants as to that portion lying within Parcel 4 and, as to that portion lying within Parcel 3 of Parcel Map No. 10915 (hereinafter GRANTORS), hereby grant to CITY OF POWAY (hereinafter GRANTEE), its successors, or assigns, as the owner of a property interest (a public right-of-way) known as Espola Road (the "Dominant Tenement"), that certain right-of-way and incidents thereto for a public pathway upon, over and across that certain real property in the City of Poway, County of San Diego, State of California, commonly known as 15060 Espola Road (more particularly described in Exhibit A, attached hereto and made a part hereof) (the "Servient Tenement"). The interest conveyed herein is more particularly described in Exhibit B, attached hereto and made a part hereof. The GRANTORS, hereby further grant to the City of Poway the privilege and right to temporarily extend excavation and embankment slopes within the limits of the herein described Temporary Construction Easement, where required for the construction and maintenance of said pathway. The Temporary Construction Easement is more fully described in the plat on Exhibit C, attached hereto and incorporated herein by this reference. The GRANTORS, for themselves and their successors and assigns, hereby waive any claims for any and all severance damages to GRANTORS's remaining property contiguous to the Temporary Construction Easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said easement. The GRANTORS hereby further grant to GRANTEE the right to temporarily enter and construct such related improvements reasonably necessary as part of the proposed construction process. This Temporary Construction Easement, as shown on Exhibit C, shall be valid only until the construction has been accepted by the GRANTEE. After such time, the Temporary Construction Easement shall terminate and become null and void. Dated this 2.0 day of2017 1-C)3q Property Owner: Joel Bocanegra and Emily Bocanegra husband and wife as joint tenants as to that portion lying within Parcel 4 and, as to that portion lying within Parcel 3 of Parcel Map No. 10915 5oBy(el Bocanegra Notarize) By: An ^4 Emily Bo negra (Notarize) Approved as to Form Office of the City Attorney Morg tollwl Cit Attorney O`,�� OF POW'9y CERTIFICATE OF ACCEPTANCE Street Right -Of -Way C7Y 14 THEMEOJ This is to certify that/ the interest in real property conveyed by the deed or grant dated A-I?Y I ( 2017, from Joel Bocanegra and Emily Bocanegra husband and wife as joint tenants as to that portion lying within Parcel 4 and, as to that portion lying within Parcel 3 of Parcel Map No. 10915, to the City of Poway, 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. 17-007, adopted on April 18, 2017, and the grantee consents to recordation thereof by its duly authorized officer. Dated: CITY OF POWAY Seal: By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San UfAn ) On AP I Wr 20)--+ before me, NlfAeU�P�u I Ijbk,IfU \Ai( Date Here Insert Nandi and Titleof 1heOfficer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hjB/bef/their authorized capacity(ies), and that by f,iieW/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. X NICOLE MURPHY WITNESS my hand and official seal. COMM N 2024000 Z SAN DIEGO COUNTY NOTARYPUBLIC-CALIFORNIA[ nature Q MYCOMMISSION EXPIRES -' Signature MAY t 7,20 t Signature of Not ry Pu c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Gra�I Document Date: 4201Il1 6 sc Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: +�6�; +/T"✓"v6'✓S'+'� •/1,iL. ✓6Vi'+/T'•✓�'+/5'✓'✓S'+/i"✓ `,6"v' Y6'L4V"b' ai5'Li'✓5"�/i"/✓SL;G`. O 1 • • • • . • • . :11 • :11 . .: '1 EXHIBIT A Joel Bocanegra and Emily Bocanegra husband and wife as joint tenants as to that portion lying within Parcel 4 and, as to that portion lying within Parcel 3 of Parcel Map No. 10915. EXHIBIT`S' LEGAL DESCRIPTION GRANT OF STREET RIGHT OF WAY APN 321-011-41 A Portion of Parcels 3 and 4 in the City of Poway, County of San Diego, State of California according to Parcel Map thereof no. 10915 recorded January 22, 1981 as file no. 81-021703 in the office of the County Recorder of said county, being also a portion of Parcel B described in Certificate of Compliance (hereinafter referred to as COC) recorded March 13, 2008 as Doc. No. 2008-0132751 of official records, described as follows: COMMENCING at the northeast corner of said Parcel B; thence westerly along the northerly line thereof North 86°49'30" West (record North 87°20'32" West per COC) 32.12 feet to an intersection with the westerly right of way of RS 335 granted by deed recorded June 9, 1937 in book 656, page 228 of official records and the TRUE POINT OF BEGINNING; thence leaving said northerly line and southerly along said westerly right of way of RS 335 South 17°42'56 East 19.31 feet to an intersection with the southerly line of said Parcel 3; thence leaving said westerly right of way and westerly along said southerly line North 88013'59" West (record North 88045'01" West per PM 10915) 6.13 feet to the northeast corner of said Parcel 4, being a point on the westerly right of way of RS 1673 as shown on said Parcel Map; thence leaving said southerly line of Parcel 3 and southerly along the easterly line of said Parcel 4 and said right of way of RS 1673 South 1330'47" East (record South 14001'49" East per PM 10915) 170.09 feet to the southerly line of said Parcel 4; thence leaving said easterly line and said right of way and westerly along the southerly line of said Parcel 4 North 88013'59" West (record North 88045101" West per PM 10915) 5.18 feet to an intersection with a line that lies 5.00 feet westerly of and parallel with the easterly line of said Parcel 4; thence leaving said southerly line and northerly along said parallel line North 13030'47" West 170.22 feet to the intersection with the north line of said Parcel 4; thence leaving said parallel line North 14013'00" West 19.06 feet to a point on the northerly line of said Parcel B; thence easterly along said northerly line South 86149'30" East 10.16 feet to the TRUE POINT OF BEGINNING. CONTAINING: 1046 square feet or 0.024 acre more or less. SEE EXHIBIT "C", CITY OF POWAY PLAT for APN 321-011-41 Attached hereto and by this reference made a part hereof. Page I of 2 This description was prepared by me or under my direction. Ernest G. Wade, LS 6052 Expires 6/30/2017 September 20, 2016 IN 144696 PLAT 9 h:\pdata\144696\admin\legals espola\144696-1g1 row9-321-011-41.doc Page 2 of 2 --���— 67, 09=„L 3NVOS RDw Rsg DEED jo 6j 61198g19 R� OL RS o ,G�SPO�A > w L1NE N J i o PRpPs I o APN,4 O a~ N co N Ca >roo cnz O �, mo N Iia w� J �I Wo �0Woo lao ^ v J WIC w o Lo J I J n� n U Q Q n I w Lu I� o� ww N O I oM a m (Y LLIZ OJ LLJ O I N -� � mo 9 7w� nLLAw I a�oU2' �o D- m m O Li O CD Q > LCL O/ Q O N l �- m<r7W O KO CC) r u7 Oa / CD W d~ jE Q IJ J W J O z s W l O * O W Z W ,- Q W N / W z LLJ LLz �O N nl u Z [ifa wQ o Ci a mww w x CL \ Ob CL O I M„bb,Sl oON)I_ o � � __ -�� o m 0m v F z z m _ m W W W ^ �• O � CO N r W J W NJ - m 5 x U m _ h�- m O W Oz LLJ7 o W (n w' O O a 'O . . 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