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Right of Entry Permit 1995-0414267 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: C!TY CLERK C!TY OF POWA Y P.O. BOX 789 POWAY, CA 92074 NO TRANSFER TAX DUE ) ) ) ) ) ) ) ) ) ) \ r;c . 1995-0414267 18-SEP-1995 10.33 AM tJFICIAL RElDIlS 5ttII DIEIlI ClUf1Y IIECIIIIlER'S lfFICE IlEm SIIIlH, ClDITY RECIIlllER FEESI O. 00 827 (For Recorder's Use Onlv) RIGHT OF ENTRY PERMIT AVENIDA FLORENCIA STORM DRAIN Assessor's Pareel No.: APN 275-305-04 Projeet: Avenida F10rencia Storm Drain PERMITOR: STEPHEN P. & SUSAN G. SWINTON PERMITTEE: THE CITY OF POWAY, A MUNICIPAL CORPORATION The PERMITOR hereby grants permission to the Permittee and its designees, agents, employees, contractors, and authorized representatives 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 Exhibit "Au 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. l;ens\roeper.swt This document was executed this 828 /3 ~ day Of(~ 1995. ~~ L~~ STEPHEN P. & SUSA~ G. SWINTON TIllS 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: ;1~L<- Ie; I J tJ 'i So BY: ~ k jUNMt o K. W AHLSTEN, CITY CLERK CITY,Of!POWAY , CALIFORNIA ALL-PURPO!i1li ACKNOWLEDGMENT State of ~L~~;" County o~ ~) on~~;/ 13. J'?"1S- before me, y- De" &:ma;."=1 Off"" (e.g.. 'J"e Doe, ~ote", P,bf' perSOnallyappeare;;:sJ;.Ak.-u1.' IZ?t..oL ~ Q ,*-,.)1 ~ ~ .u (J Name(s) of Signer(s) o 1"" ~UI 1"lIy Rlluw" to me - OR - ~roved to me on the basis of satisfactory evidence to be the perso~ whose name~~ubscribed to the ithin instrument and acknowledged to me that e executed the same in ~uthorized capacity es and lhat~ ~ignature~on the instrument the person@ or the entity upon behalf of which the person@ acted, executed the instrument 829 J ~ - - ~ ~ ~ ~ ~ ~ - ~ ~ - ~f @.....'.MARIELOFTON :; t. , , , COMM. # 1024766 ~ . __- Notary Public - California ~ ~ . " SAN DIEGO COUNlY ( J .., My Comm. Expires MAY 1. 1998 ~ . ~ - ~ - - - - . - - - - WITNESS my hand and official seal. ~ ~~"G/ Sign ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:~ ~ ~ Document Date: ~ /.:?- 7-s . Signer(s) Other Than Named Above: '/ll-:?u' ~ -iA--U~d!L n. fI- Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-8827 831) EXHIBIT "A" LEGAL DESCRIPTION VESTING: STEPHEN P. & SUSAN G, SWINTON A.P.N.: 275-305-04 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 17 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: TEMPORARY CORSTRUCTJ:OIf BASBJUDlT BEGJ:IllRIRG AT THE SOUTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 38048'58" EAST 30.88 FEET; THENCE LEAVING SAID LINE NORTH 41034' 33" WEST 9 . 8 7 FEET; THENCE SOUTH 53027'08" WEST 29.02 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 17 ; THENCE ALONG SAID LINE SOUTH 36032' 52" EAST 17.63 FEET TO THE POINT OF BEGJ:HNJ:RG. HAVING AN AREA OF 406 SQUARE FEET MORE OR LESS. 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 O~~ 8/5/9[,- CECIL E.-/~~S, P.L.S. DIMENSIONS SHOWN HEREON DERIVED FROM RECORD DATA j\jj J-\ P RANCHo BE~N~ 1'" o SAN DIEGO VICINITY MAP NO SCALE EXHIBIT "B" ~ '1 J--. ;~~ ~ <v ,,,,i ,$> ,.,,'0 .;:0. L1 P.O.B. PCL. 1 I ROAD PROPERTY {::' LOCATION !:if Right-of-Way Engineering Services, Inc. Land Surveying 4167 AVENIDA DE LA PLATA, SUITE 114, OCEANSIDE, CA. 92056 (619) 732-1366 ACAD FNAME: AVNFLR RW.DWG '0 '" II . 831 w --' <( U Cf) .f? ( '-.. -</ V. ~~4 '-.. Cl-</ ~ II-j nJ: -1 00 LINE L1 L2 L3 L4 DIRECllON N3B'4B'5B"E N41"34'33"W S53"27'OB"W S36'32'52"E DISTANCE 30.BB' 9.B7' 29.02' 17.63' DENOlES EZTJfad lEMPORARY CONSTRUCTION EASEMENT 406 SQ, FT. CITY OF POWA Y EASEMENT PLAT VEST1NG: DRAWN: M.JG. SHT 1 OF 1