Loading...
Grant of Street Right-of-Way and Grant of Temporary Construction Easement for Pathway Improvements 2017-0455219 n DOC# 2017-0455219 �\' IIIIIIIDIIIIIIIDIII11111111i1111111111111111�IVIII11111III101 IV� Oct 03, 2017 12:39 PM RECORDING REQUESTED BY: OFFICIAL RECORDS Ernest J. Dronenburg, Jr., CITY OF POWAY SAN DIEGO COUNTY RECORDER FEES: $0.00 AND WHEN RECORDED MAIL TO: PCOR: N/A PAGES: 7 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 (This space for Recorder's Use) APN: 321-011-18 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 8 T Code 11922 (conveyance to a Government Agency) Stephen G. Lawless and Amalia R. Lawless, husband and wife as community property with right of survivorship (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 15016 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 ` day of 1/4_61 i , 2017 11-0-10 Property Owner: Stephen G. Lawless and Amalia R. Lawless, husband and wife as community property with right of survivorship By: Stephen G. Lawless (Notarize) BY: astrailkljeLieLd Amali . Lawless (Notarize) Approved as to Form Office of the City Attorney 6,14\ Morga L. F ley, City y Attorney , 6k-C OF PO pY CERTIFICATE OF ACCEPTANCE ) Y Street Right-Of-Way s ; Cyf C ,..�, ,r ,/ _, IH THE GO This is to certify that the interest in real property conveyed by the deed or grant dated 3 WUL. 1 } 2017, Stephen G. Lawless and Amalie R. Lawless, husband and wife as community property with right of survivorship, 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: 512017 CITY OF POWAY / / Seal: By: A /r/ /' , i�_s- -obert J. Mani •irector of Development S- • ' es CY '9Y' T�yFomam IN TE CD") • EXHIBIT A Stephen G. Lawless and Amalia R. Lawless, husband and wife as community property with right of survivorship EXHIBIT 'B' LEGAL DESCRIPTION GRANT OF STREET RIGHT OF WAY APN 321-011-18 A portion of The Northerly 165.00 feet of that portion of the East Half of the Southeast Quarter of the Northwest Quarter and of the East Half of the Northeast Quarter of the Southwest Quarter of Section 6, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Poway. County of San Diego, State of California, according to the Official Plat thereof lying Southerly of a line drawn parallel with and 1643.605 feet Northerly of and measured at right angles to the Southerly line of said Northeast Quarter of the Southwest Quarter of Section 6, being also a portion of the land granted to Stephen G Lawless and Amalia R. Lawless by Deed recorded on November 12, 2015 as Doc. No. 2015-0588795 of official records, described as follows: A strip of land 5.00 feet in width lying westerly of and contiguous with that portion of said Lawless land granted to the County of San Diego for Road Survey No. 1673 (74.00 feet wide) by deeds recorded September 22, 1966 as file no. 153442 and as condemned in fee to the County of San Diego in that certain Final Order of Condemnation under Superior Court Case No. 30041, recorded December 17, 1968 as file no. 221146, both of official records. CONTAINING: 843 Square feet or 0.019 acre more or less. SEE EXHIBIT "C",CITY OF POWAY PLAT for APN 321-011-18 Attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. vtSEp INDS�`F ¢ L.S. 60.52 3) t (d\ j;:fte OF CAS\1 Ernest G. Wade, LS 6052 Expires 6/30/2017 September 20, 2016 IN 144696 PLAT 11 h:\pdata\144696\adnin\legals espola\144696-1g1 row11-321-011-18.docx Page 1 of 1 I _ \ I\ 1 EXHIBIT "C" 321-011-06 I L 88'44'34" W 300.52' ) 1 - - 1 L7-----c-- [N88.4546-1C 362.76' ] — _ LINE 1643.605' N OF ^ LIMIT OF TCE —��# 1 /�n S LINE NE1/4,SW1/4 z z J 0 1� 1 011 r 0 o 1 [PORTION EXCEPTED PER DEED] w c.I to t° 321-011-18 to 42 r I N N N LAWLESS BY DEED 1 tII 1PM 13884Cs La 2015-0588795PARCEL2 N ^ jLEGEND APN 18 0 o J J '( ) RECORD PER PM 13884 0 0 ? GRANT OF STREET RIGHT OF WAY 5 IRECORD PER VESTING DEED '� 'WTO LAWLESS 2015-0588795 _ _ PARCEL 3 TITLE137'* () EASEMENTS PER TITLE 2014 MORGAN (— 1 — _ [TITLE ISSUED PRIOR TO 2015 SALE] I EVERGREEN LANE N Q I 5. PUB. RD ESMT B257P91 (NO LOCATION) . 0 I 6. WATER CONNECT 66-068943(NO LOC) (N 88'44'34" W ° 282 51 ' ) J i 7. ROAD&UTIL ESMT 71-240997(SLY25' ) • 8. PUBLIC UTIL ESMT 1991-0053269 PM 13884 30' 130' (NO LOCATION GIVEN) PARCEL 3 321-011-10 I I \ 1 EXCEPTION FROM LEGAL DESCRIPTION IN TITLE I I * = RS 1673, 74' WIDE, TO COUNTY OF SAN II ' DIEGO BY DEEDS 66-153442,68-221146 0 11 F A GRANT OF STREET RIGHT OF WAY 843 SF o ___ LIMITS TEMPORARY CONSTRUCTION EASEMENT SEE EXHIBIT A (TCE) 526 SF w N FOR LEGAL DESCRIPTION - -� CHICAGO TITLE REPORT ii THIS PLAT WAS PREPARED BY ME N 73714001734 rcm OR UNDER MY DIRECTION IN SEO LAND %.f CONFORMANCE WITH THE vc 1 G. t' CITY OF POWAY �� PROFESSIONAL LAND tit%) GRANT OF STREET RIGHT OF WAY SURVEYOR'S ACT. APN: 321-011-18 15016 ESPOLA RD * L.S. 6052 r. .•�� f •. � Michael Bakerinternational VESTING: STEPHEN & AMALIA LAWLESS (2015) �� 10.25.2016 s' � 9755 Clairemont Mesa Blvd., NLY 165' , PORTION NW & SW 1/4 SEC. 6 ERNEST G . WADE LS 6052 %F Yo�� San Diego, CA 92124 OF C ALS (658)614-5000 JN 144696 DATE: 10.25.2016 I SHEET 1 OF 1 11 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 Ji,U1c 1 1201"} before me, Nicole Murphy, Notary Public (insert name and title of the officer) l`1 personally appeared 5-6011 C'a. Law\ess Cu c1 ArVut.ho,_ 1Z. ucaisS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)i&are subscribed to the within instrument and acknowledged to me that her/sPfe/they executed the same in pit/beg/their authorized capacity(ies), and that by bis%ber/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. • NICOLE MURPHY WITNESS my hand and official seal. -.4011-(‘' Roury Ptak•Cans 7. t ' San Diego County Commission 1219248 M Comm.EK res Ms 17.2021 Signature -it{,{liyt - (Seal) •