Grant of Street Right-of-Way and Grant Of Temporary Construction Easement for Pathway Improvements 2017-0356512RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
APN: 321-01247
DOC# 2017-0356512
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII Iill 1111
Aug 07, 2017 02:51 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES: 7
(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)
Gary M. Schultz and Winifred Cox Schultz, Trustees of the Schultz Family Trust dated
November 8, 1999 (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 00000 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 q -tin day of Stnk u. 2017
Property Owner: Gary M. Schultz and Winifred Cox Schultz,
Trustees of the Schultz Family Trust dated November 8, 1999
&Uj�'
4
Gary M/Schultz (Notarize)
Winif�A Cox Schultz Notanze)—
Approved as to Form
Office of the City Attorney
Morga L. F ley ty ttorney
(FD
CERTIFICATE OF ACCEPTANCE
Street Right -Of -Way
This is to certify that the interest in real property conveyed by the deed or grant dated
TuAiA 7n 2017, from Gary M. Schultz and Winifred Cox Schultz, Trustees
of the Schultz Family Trust dated November 8, 1999, 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: -7Z�II r
Seal:
CITY OF POWAY
By: .4, L
Bert J. MiNs
Director of Development S ices
EXHIBIT A
Gary M. Schultz and Winifred Cox Schultz, Trustees of the Schultz Family Trust dated
November 8, 1999
EXHIBIT`B'
LEGAL DESCRIPTION
GRANT OF STREET RIGHT OF WAY APN 321-012-47
A Portion of Lot 3 of section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian in the City of Poway, County of San
Diego, State of California according to Official Plat thereof being a
portion of the land granted to Gary M. and Winifred C. Shultz by Deed
recorded November 18, 1999 as Document No. 1999-0764604 of official
records, described as follows:
BEGINNING at the intersection of the north line of said Shultz land
with the westerly right of way line of an existing 74 foot wide road
easement (RS 1673 ) granted by Doc. No. 66-28618, official records;
thence westerly along said north line North 89027120" West 8.25 feet
to an intersection with a line that lies 8.00 feet westerly of and
parallel with said westerly right of way line; thence leaving said
north line and along said parallel line South 13030'21" East 259.88
feet to a point on the northerly right of way line for Del Poniente
Road recorded July 16, 1991 as Doc. No. 1991-0347699 of official
records; thence leaving said parallel line and easterly along said
northerly right of way for Del Poniente Road North 76026111" East 8.00
feet to a point on said westerly right of way of RS 1673; thence
northerly along said westerly right of way line North 13030'21" West
257.87 to the POINT OF BEGINNING.
CONTAINING: 2,071 square feet or 0.048 Acre, more or less.
SEE EXHIBIT "C", CITY OF POWAY PLAT for APN 321-012-47 Attached hereto and by
this reference made a part hereof.
This description was prepared by me or under my direction.
LAND
L. S. 6052 �.
'rf OF CAL\E�e
Ernest G. Wade, LS 6052 Expires 6/30/2017
September 20, 2016
IN 144696 PLAT 4
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 Diego }
On July 17, 2017 before me, Jasmine L. Pernicano, Notary Public
Far.—, nsert name an Gleot eo cerin
personally appeared LlQV4 Iry Z QrICI V\lJq1tWc12
who proved to me on the bakis of satisfactory evidence to be the person s0whose
name so is re subscribed to the within instrument and acknowledged to me that
he/she executed the same in his/he eI uthorized capacity es and that by
hisilher4tg5sigri on the instrument the persorljs , or the entity upon behalf of
which the person Bacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the -State -of California that
the foregoing paragraph is true and correctJASMINE L PERNICANO
Commission No 2195589
WFENFSS m han� and official seal "I
NOTARY e"et t. r,Al roRN A
I y
sAN oieco cou"ry
1
"-'� Afy Comm F,rpues MAY S 2021
(Notary Public Seal)
ION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of allached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
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as the wording does not require the California nonny to violate California notary
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