Grant of Street Right-of-Way and Grant of Temporary Construction Easement for Pathway Improvements 2017-0455219 n DOC# 2017-0455219
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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")
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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
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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)
•