Right of Entry Permit 1995-0428701
RECORDING REQUESTED BY:
CITY OF POWAY
)
) '(
/'
)\ 884
)
):
) '-
)
)
)
~c " 1995-0428701
26-SEP-1995 08=59 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
FEESI 0.00
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92074
NO TRANSFER TAX DUE
(For Recorder's Use Onlv)
RIGHT OF ENTRY PERMIT
AVENIDA FLORENCIA STORM DRAIN
Assessor's
PareeI No.: APN 275-305-05
Project: Avenida Florencia Storm Drain
PERMITOR: DONALD L. & BONNIE J. HIGGINSON
PERMITTEE: THE CITY OF POWAY
FI!>l!CIPAL CORPORATION
The PERMITOR hereby gl" 'S pt:r";I~~ .ull to the PermitLee and its designees,
agents, employees, conr..actors, and authorized represertatives to enter upon
specific areas of the following described real property for the purpose of
grading. The specific areas to be graded are specifically shown on the
attached Exhibit "B." The real property that is subject to this permit is
described as follows:
See Parcel 2 in Exhibit "A"
It is understood and agreed that the PERMITOR shall not be held liable for any
damage to equipment or injury to personnel of permittee, its agent(s),
contractor(s), or employees resulting from the Permittee's use of said real
property. It is also understood that the Permittee agrees to indemnify,
defend and hold the PERMITOR harmless against any and all damages, costs and
liability imposed or claimed, including attorney's fees and other expenses,
arising directly or indirectly from any act or failure of the Permittee to
act, including all claims related to the injury or death of any person or
damage to any property resulting from the Permittee's negligent use of said
real property.
This permit shall remain in force for a period of 30 days from the date of the
completion of the Avenida Florencia storm drain improvements, after which time
it will become null and void.
CALlFORNIA ALL.PURPO~.. ACKNOWLEDGMENT
885
No. 5907
State of a R.jl 4-<.'- -'
County O&K JOI~j)
on.(;~1.. .t:20. /C/9.s- before me, ,
pe"""~ry appe:7.:..a.n M if ~Z:::';:C/7i?:~O~ .
NAME(S) OF SIGNER(S)
o I.Jl:lrSOnally KnowlI Lv III'" - 5R ~ proved to me on the basis of satisfactory ev~~
to be the person@ whose name~' ar
subscribed to the within instrument and ac-
knowledged to me that ~executed
the same in his/I,,, their authoriz d
capacity(le@ and that by' hei
signature@On the instrument the perso s
or the entity upon behalf of which the
perso~ acted, executed the instrument.
r~----~~~----,
@.....:..MARIELOl'TON
" "". ~. COMM. #1024766 Z
~ : --~ Nofarv Plblic - California ~
.~ , ' SAN DIEGO COUN1Y
J ", My Ccmm. Expires MAY 1, 1991l J
~ . ~ ~ . ~ ~ ~ - ~ - - -
WITNESS my hand and official seal.
WtaW ~~
SIGNATU OF NOTARY
OPTIONAL
Though lhe data below is not required by law, it may prove valuable to persons relying on the document and couid prevenl
fraudulent reattachmenl of this form,
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITlE(S)
~~~~ ;L.:-I
. TITLE OR TYPE DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
~
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
9. :::M-9..s:-
DATE OF DOCUMENT
~
SIGNER IS REPRESENTING:
NAME OF PEASON(S} OR ENTITY(IES)
~
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
886
This document was executed this
2... <:> TH. day of SePT
, 1995.
((J~;l ~G 6
DONALD L. & BONNIE~
~~
THIS IS TO CERTIFY that the temporary interest in real property granted by this
instrument to the CITY OF POWAY, a Municipal corporation, is hereby accepted on
behalf of the City Council of said City of Poway pursuant to Authority conferred
by Resolution No. 34, adopted on January 20, 1981, and the Grantee consents to the
recordation thereof by its duly authorized officer.
DATED:
BY:
887
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: DONALD L. AND BONNIE J. HIGGINSON
A.P.N.: 275-305-05
A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP
13 SOUTH, RANGE 2 WEST, OF THE SAN BERNARDINO MERIDIAN IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN
LOT 16 OF MAP NO. 4185 RECORDED AS FILE NO. 102054 ON MAY 20, 1959
IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCELl: STORK DRAIN BASBJUmT
BEGINNING AT THE SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE
SOUTHEASTERLY LINE THEREOF NORTH 55017' 01" EAST 35.64 FEET; THENCE
LEAVING SAID LINE NORTH 48049' 19" WEST 39.78 FEET; THENCE SOUTH
41"10'41" WEST 39.92 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 16;
THENCE ALONG SAID LINE SOUTH 58035' 47" EAST 31. 5 6 FEET TO THE POINT
OF BEGINNING.
HAVING AN AREA OF 1,308 SQUARE FEET MORE OR LESS.
PARCEL 2: TEMPORARY CONSTRUCTION BASEMENT
COMMENCING AT THE SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE
SOUTHEASTERLY LINE THEREOF NORTH 55017'01" EAST 35.64 THENCE LEAVING
SAID LINE NORTH 48049'19" WEST 39.78 FEET; TO THE TRUB POINT OF
BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 795.00 FEET TO WHICH POINT A
RADIAL LINE BEARS SOUTH 41024'26" WEST; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 06039'41" AN ARC DISTANCE OF
92.43 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 16;
THENCE ALONG SAID LINE SOUTH 38048'58"WEST 30.88 FEET TO THE
SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID LINE SOUTH
36032'52" EAST 79.98 FEET; THENCE SOUTH 58035'47" EAST 12.97 FEET;
THENCE LEAVING SAID LINE NORTH 41010' 41" EAST 3 9 . 9 2 FEET TO THE TRUE
POINT OF BEGINNING.
HAVING AN AREA OF 3,346 SQUARE FEET MORE OR LESS.
888
TEMPORARY CONSTRUCTION EASEMENT SHALL EXPIRE 30 DAYS AFTER NOTICE
OF COMPLETION IS FILED WITH THE CITY OF POWAY.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B".
THIS EXHIBIT AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION
/~ ~~ 8/02/9S
_ ..&t:.<-. '/ <- I .
CECIL E. RY ~P.L.S.
. ~ /"
~....10' /"
,,<j /"_b.
" /" ~~<v~
)<,~~V
P.O.B.
PCL t
I
Right-af-Way Engineering Services, Inc.
Land Surveying
4167 AVENIDA DE LA PLATA, SUITE 114;. OCEANSIDE, CA. 92056
(619) 732-1366 ACAD FNA~.k: AVRFLR-RW.DWG
UNE 'DIREC110N
L1 N551701 E
L2 N48'49 19 W
L3 S41'0 41 W
L4 S58"35 47 E
L5 S38'48 58 W
L6 S58"35 4 E
CURVE RADIUS
C1 795.00
DISTANCE
35.64
39.78
39.92
31.56'
30.88
12.97
LENGTH
92.43
o
".,
II
.
~
<(
u
lJ)
.."
~,
i>~.
.'%>~.
..
N 58'35'47" W
44.52'
.,~
SAN DIEGO
V1aNlTY MAP
NO SCALE
~oi~
eo
PROPERlY
LOCATION
EXHIBIT
"B" 889
OENOlES PARCEl 1
r .......... ...J
DElTA
06'3941
<~ AI STORM DRAIN EASEMENT
'-</ '{! fA.. 1308 SQ.FT.
$> J; ~ ~~ DENOlES PARCEL 2
~(~ ~d~
'" ~~~'-:<1 TEMPORARY CONSTRUCl1ON
.s-, """ EASEMENT
"'0". ., -</ ,,3348 SQ.FT.
If-
~
"
~
/
o~
R--<V~
<('va
II -j 'r(') or'
-1 0'
RO
DIMENSIONS SHO'Ml HEREON
DERIVED FROM RECORD DATA
CITY OF POWA Y
EASEMENT PLAT
'JESTlN'" DONALD L. '"
BONNIE J. HIGGINSON
DRAWN: M.J.G.
SHT. 1 OF 1