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Grant of Street Right-of-Way and Grant of Temporary Construction Easement for Pathway Improvements 2017-0455220 • • DOC# 2017-0455220 1111401111111111111111111111IIII11111 MIIN1111111111111101 RECORDING REQUESTED BY: Oct 03, 2017 12:39 PM OFFICIAL RECORDS CITY OF POWAY Ernest J. Dronenburg, Jr., 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: 321-011-10 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) Roy Ashcroft and Kim Ashcroft, husband and wife as joint tenants (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 15004 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 7 54in day of e,91k15K4)Par , 2017 11-b1I Property Owner: Roy Ashcroft and Kim Ashcroft, husband and wife as joint tenants By.!':.�� Roy Ashcroft (Notarize) By: l(• Kim Ashcroft (Notarize) Approved as to Form Office of the City Attorney Morg- L. ole' City ttorney CERTIFICATE OF ACCEPTANCE111 l Street Right-Of-Way , �f �. 9 71'm rae ca'). This is to certify that the interest in real property conveyed by the deed or grant dated SQD}pyv,4itr 25, 2017, from Roy Ashcroft and Kim Ashcroft, husband and wife as joint tenants, to the City of Poway, a political corporation and/or governmental agency, is hereby acceptedby 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: "1 iZSf i i CITY OF POWAY r/ Seal: By: /a a /• 4 A .. - obertJ. M.• is Director of Developme S: ices cicct OF ijrR y`\ H 8C� M THE c03 EXHIBIT A Roy Ashcroft and Kim Ashcroft, husband and wife, as joint tenants EXHIBIT 'B' LEGAL DESCRIPTION GRANT OF STREET RIGHT OF WAY APN 321-011-10 A portion of the Southerly 163.715 feet of the Northerly 328.715 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 Base and Meridian, in the 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 Roy and Kim Ashcroft by Deed recorded June 4, 1999 as Doc. No. 1999-0391762 of official records, described as follows : A strip of land 7.00 feet in width lying westerly of and contiguous with that portion of said Ashcroft land 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 (being Road Survey No. 1673, 74.00 feet wide) . CONTAINING: 1155 Square feet or 0.027 acre more or less. SEE EXHIBIT "C", CITY OF POWAY PLAT for APN 321-011-10 Attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. v�vS IACD SD�`F * L.S. 6062 6rif iir A�\�6 OF CO Ernest G. Wade, LS 6052 Expires 6/30/2017 September 20, 2016 JN 144696 PLAT 12 h:\pdata\144696\admin\legals espola\144696-1g1 row12-321-011-10.docx Page 1 of 1 EXHIBIT "C" J o LINE 1643.605' N OF 1 ` –1` \ 'i° S LINE NE1/4,SW1/4 1 `1 LEGEND APN 011-10 1 . ( ) RECORD PER PM 13884 1 w [ ] RECORD PER DEED TO 1 ' ¢ 1 ® \ I ASHCROFT DOC. 1999-0391762 321-011-18 1 � vUi ]\ EASEMENTS PER TITLE ,n I r I 4. SDGE ESMT B4104,P285 `O 1 �N I TITLE SAYS NO LOCATION. 1 1 6. ROAD & UTIL ESMT 72-40210 1 I 7. PUBLIC UTIL ESMT 84-320799 E LINE ASHCROFT LAND I W ROW RS 1673 * * * = RS 1673 TO COUNTY __ — — _ 37's 37' OF SAN DIEGO BY DEED EVERGREEN LN � 68-221146 (N 88'44 '34" % 282.51 ' ) I I GRANT OF STREET RIGHT ( 118.55' ) -�� o 1 7 so OF WAY 1155 SF __- J _ ©N I LIMITS TEMPORARY — — - _ — _ _� n CONSTRUCTION EASEMENT 'n i� 30 1,30\ (TCE) 423 SF 321 011 10 PM 13884 op z ASHCROFT rn w �, BY DEED PARCEL 3 n ,-, 1999-0391762 r r' r- rrl\ (n LI �n K IAS z / - u r �S�p LAND SUq�f (PORTION WLY z } 1 I No D 1 y�v Q 51 6. �� ioA EXCEPTED FROM z m 1 0 LEGAL DESC. ) LY 41 o L_J * L.S. 6052 * 31 II `_,i- N 7' rn I (no - 1 O I � I 4%,,,, �,• X 7) 1 W orClt\ ik. <1 1 SEE EXHIBIT A � [ 160.76' ] FOR LEGAL DESCRIPTION - (N88`44'26"W 157.50' CHICAGO TITLE REPORT 73714001728-rcm II It THIS PLAT WAS PREPARED BY ME OR CITY OF POWAY UNDER MY DIRECTION IN CONFORMANCE GRANT OF STREET RIGHT OF WAY WITH THE PROFESSIONAL LAND APN: 321-011-10 15004 ESPOLA RD SURVEYOR'S ACT. Michael Baker International VESTING: ROY & KIM ASHCROFT \,. 9755 Clairemont Mesa Blvd., SLY 163.715' OF NLY 328.715' / 7.r:.\,.\ac, 10.25.2016 San Diego,CA 92124 PORTIONS NW 1/4 & SW 1/4 SEC. 6 ERNEST G . WADE LS 6052 (858)614-5000 JN 144696 DATE: 10.25.2016 I SHEET 1 OF 1 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ) Countyf San D)4i 0 ) On Sir) krnba c 12c X201 7 before me, `I Jnn1Nt f nisi N Ni or° I Iola nj ) blit , Date Here Insert Name and Title of the Officer personally appeared IKCOy f chr'raf L A.'Nel K;M Achcrc jt Name(s) of Signer(s) J 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 his/her/their authorized capacity(ies), and that by his/her/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. YVONNE MRNNION i,�.�`•.}sT� Notary Wbllc-California WITNESS my hand and official seal. i J San Diego ion County22017 E Commission�1201766 An My Comm.Expires Jun 18.1011 ;Anne.— ASignature . n•o i Signature of Notary Public 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. 1 Description of Attached Document . Title or Type of Document: Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — ❑Limited 0 General 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 1 ❑Trustee 0 Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: =iv•••••••••• .• _ 4. •a."a,•d M M Mein ' r •n a. MNM•'S ^'NwN^! •w N MNwgw 'w a'.tNw 'aft 4' G2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907