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Grant of Street Right-of-Way and Grant of Temporary Construction Easement for Pathway Improvements 2017-0356545U RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 321-011-48 DOC# 2017-0356545 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Aug 07, 2017 02:56 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PCOR: N/A PAGES: 8 (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) Mahnaz Kavousi (aka Mahnaz Fard-Sedehi), Sole Acting Trustee of that certain Declaration of Trust dated July 30, 1996, (hereinafter GRANTOR), 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 15143 Huntington Court (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 GRANTOR, 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 GRANTOR, for themselves and their successors and assigns, hereby waive any claims for any and all severance damages to GRANTOR's remaining property contiguous to the Temporary Construction Easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said easement. The GRANTOR 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 thisrJ -brN day of _, 2017 Property Owner: Mahnaz Kavousi Fard (aka Mahnaz Fard- Sedehi or Mahnaz Kavousi) Sole Acting Trustee of the Fard-Sedehi Family Trust 1996 Approved as to Form Office of the City Attorney Morga 0 ley ity ttorney CERTIFICATE OF ACCEPTANCE Street Right -Of -Way W This is to certify that the interest in real property conveyed by the deed or grant dated tA A � � 2017, from Mahnaz Kavousi Fard (aka Mahnaz Fard-Sedehi or Mahnaz Kavousi) Sole Acting Trustee of the Fard-Sedehi Family Trust 1996, 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: !�[ % 7 Seal: CITY OF POWAY By: A. L obert J. Ma is Director of Development ervices 0174MIND r_1 Mahnaz Kavousi Fard (aka Mahnaz Fard-Sedehi or Mahnaz Kavousi) Sole Acting Trustee of the Fard-Sedehi Family Trust 1996 EXHIBIT`B' LEGAL DESCRIPTION GRANT OF STREET RIGHT OF WAY APN 321-011-46 A Portion of Parcel 3 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 A 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 southeast corner of said Parcel A; thence westerly along the southerly line thereof North 86049'30" 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 northerly along said westerly right of way North 17°45'18" West (record North 18116'20" West per COC) 157.05 feet; thence leaving said westerly right of way South 14013'00" West 153.71 feet to a point on said southerly line; thence easterly along said southerly line South 86°49'30" East 10.16 feet to the TRUE POINT OF BEGINNING. CONTAINING: 745 square feet or 0.017 acre more or less. SEE EXHIBIT "C", CITY OF POWAY PLAT for APN 321-011-46 Attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Ernest G. 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O W ,✓fy �6j J ��,v Z __= U•_=== c====_____= 0_' Ui K C 3� 3 3 w �,�% * j1 O x c0 N Ld w Z N O t0 r) M ON OZ O 04 c00 N N Q W V'- V'- . -M U< OD O- �- M0 c0 mUJ NJ O WHF- V) N N° N� W Z Z° 0)° W I- 00 �? Q O V =WQO NON00- UI�O_Z ZZZzw 4 Z F- F- W W (W/1 C0 uuuuuu K Z O W W OV) W 6 W N r7 V N O Ld m= N U) W O J J J J J J = W U W u O X 109 L :3-1VOS0 3 Of 0 a B. w --�—Z� o o_ u) z Uw=> w (SL6N Wd ,00.0*L M Z,6£°0 N) r~=- Z 3 D „£ w 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 5, 2017 before me, Jasmine L. Pernicano, NotPublic rero ase nr—( am�f eif of he Wcer MAnaz Koyous) Fara personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name() Is re subscribed to the within instrument and acknowledged to me that he/ Tfe they executed the same in his(®e ltheir authorized capacity(ies), and that by his 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. JASMINE L PERNICANO WITNESS m and and official seal. �1(.r , , }, Commission No 2195589 n a y z�•aD'• NOTARY PUBLIC CALIFORNIA t SAN DIEGO COUNTY Ary Comm byres MAY b 2021 Notary ubliC Sig at a (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM AD66NAL OPTIONAL INFORMATIONThis form complies with current California stances regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT f needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or description of attached document conflnued) • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages _Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hetshe/they, is /are) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection ofdocument recording. ❑ Corporate Officer • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary). - , • Securely attach this document to the signed document with a staple_