Grant Deed 1994-0172603
RECORDING REQUESTED BY
. CH1CAGO TITLE COMPMIl
, AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
\~ OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO:
824
~nJ'r * 1904-0,1}~6A7
'-' tt .L 1 -V.Lft:.. V,J
lo-MAR-1994 08=00 AM
CITY OF POWAY
13325 CIVIC CENTER DRIVE
P. O. BOX 789
POWAY, CALIFORNIA 92074-0789
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: 0.00
DC
Order No. 809568 - 15
Escrow NO. 809568
-44
SPACE ABOVE THIS UNE FOR REOORDER'S USE
809568 3/1- 'PC - /{)+f3 GRANT DEED
The undersigned declares that the documentary transfer tax is $ G 0 U e ~ 111'>U.v\ (~
$
o computed on the full value of the interest or property conveyed, or is
o computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
The undersigned declares that the city/county transfer tax is X .
The land, tenements or realty is located in 0 unincorporated area ~City of POWAY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SEE GRANTOR EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE
II "P--?u' ~I
andl
hereby GRANT(S) to
POWAY REDEVELOPMENT AGENCY, a redevelopment agency organized and existing pursuant to
California Health and Safety Code Section 33000 et seq.
the following described real property in the
County of SAN DIEGO ,State of California:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE
Dated February 17, 1994
STATE OF CALf"ORNII\\
COUNTY OF ~ ~ } S5.
o~~~~~~!q <1 beloreme,
a Notary Public in and for said COunty and State, personally appeared
DONALD W. BREIHAN. LOUTICIA L. BREIHAN AND
CAROLYN A. BREIHAN
SIGNATURE RIDER ATTACHED HERETO AND MADE
A PART HEREOF.
personally known to me (or proved to me on the basIs of satIsfactory
evidence) to be the person(s) whose name(s) ~/are subscribed to the within
Instrument and acknowledged to me that~/they executed the same in
Aio,'Mo/their authorized capacityQes), and that by~/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the
person(s), acted, executed the instrument.
r---........-.... ---.....
Q.. .....' J. L. WONDRASH ~
iR , . COMM. #972052 <
~~.. ... NOTARY PUBLIC. CALIFORNIA iJJ
, SAN DIEGO COUNTY W
I - .'. _ My Comm. EXPjr~S Sept. I, 1996 I
WITNESS my hand and official seal.
t~
FOR NOTARY SEAL OR STAMP
MAIL PJ( STATEMENTS TO PARTY SHOWN ON FOLLOWING liNE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
Name
Street Address
City, State & Zip
DEED1-05/03/93-lrc
825
Page 1
Escrow No. 809568 - 44
GRANTOR
EXHIBIT
DONALD W. BREIHAN AND LOUTICIA L. BREIHAN, TRUSTEES OF THE BREIHAN FAMILY TRUST DATED
OCTOBER 22, 1990 AS TO AN UNDIVIDED ONE HALF INTEREST AND CAROLYN A. BREIHAN. SUCCESSOR
TRUSTEE OF THE BREIHAN FAMILY TRUST DATED DECEMBER 11, 1989 AS TO AN UNDIVIDED ONE HALF
INTEREST AS TO PARCEL A; AND DONALD W. BREIHAN AND LOUTICIA L. BREIHAN, HUSBAND AND WIFE,
AS COMMUNITY PROPERTY, AS TO AN UNDIVIDED ONE HALF INTEREST AND CAROLYN A. BREIHAN,
SUCCESSOR TRUSTEE OF THE BREIHAN FAMILY TRUST DATED DECEMBER 11, 1989 AS TO AN UNDIVIDED
ONE HALF INTEREST AS TO PARCEL B
DEEOORTA-03!09/93-lrc
~ ~DER TO
~j, UJ a....vu
DONALD W. :LIHAN AND
~~
(OUTICIA L. BR~' TRUSTEES
of the Breihan Family T~ust
da ed Oc ober 22'~990
C OLYN . BREIHAN, SUCCESSOR
TRUSTEE 0 the Breihan Family
Tr t dated December 1, 1989
, .
DONALD W. BREI .
~LAA~ Jlcal~Lo )
LOUTICIA L. BREIHAN y
826
GRANT DEED
827
P-age 1
Escrow No. 809568 - 44
LEGAL
DESCRIPTION
EXHIBIT
PARCEL A:
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14
SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. IN THE CITY OF POWAY, COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PORTION LYING NORTHERLY
OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 020 20' 33' WEST, 553.37 FEET TO
THE TRUE POINT OF BEGINNING OF THE WITHIN DESCRIBED LINE; THENCE LEAVING SAID WESTERLY
LINE SOUTH 580 27' 03' EAST ALONG THE CENTER LINE OF THAT IRREVOCABLE OFFER OF DEDICATION
GRANTED TO THE COUNTY OF SAN DIEGO RECORDED SEPTEMBER 29, 1980 NO. 80-316749 OF OFFICIAL
RECORDS TO THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE
POINT OF TERMINUS, SAID POINT LYING NORTHERLY ALONG SAID EASTERLY LINE 5.82 FEET, MORE OR
LESS, FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 15715, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21. 1989
AS FILE NO. 89-328217 OF OFFICIAL RECORDS.
DEEDLEC3L.()3/oe/93-lrc
828
CERTIFICATE OF ACCEPTANCE
I, JAMES L. BOWERSOX, as EXECUTIVE DIRECTOR and agent for Poway
Redevelopment Agency, make the following certification on its behalf:
This is to certify that the interest in real property conveyed by the Grant Deed
dated February 17, 1994 from Donald W. Breihan and Louticia L. Breihan, Trustees of
the Breihan Family Trust dated October 22, 1990, Carolyn A. Breihan, Successor
Trustee of the Breihan Family Trust dated December 11, 1989, Donald W. Breihan,
and Louticia L. Breihan to the poway Redevelopment Agency, a political corporation
and/or governmental agency, is hereby accepted by the undersigned officer or agent
on behalf of the Board of Directors pursuant to authority conferred by Resolution No.
R-87-18 adopted on July 21,1987, and the grantee consents to recordation thereof by
its duly authorized officer or agent.
Dated: March 1. 1994
POWAY REDEVELOPMENT AGENCY
B.
Jam s L. Bowersox, Executive Director
C:\DAT AIBREIHAN\CERT.ACC
SCHEDULE A
Policy No: 809568 _ 15
Premium: $4, J.65 . 00
Amount ofInsurance: $ J. , 658 , 000 . 00
Date of Policy: March 16, 1994
at 8:00 A.M.
1. Name ofInsured:
POWAY REDEVELOPMENT AGENCY, A REDEVELOPMENT AGENCY ORGANIZED AND EXISTING PURSUANT
TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33000 ET SEQ.
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
POWAY REDEVELOPMENT AGENCY, A REDEVELOPMENT AGENCY ORGANIZED AND EXISTING PURSUANT
TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33000 ET SEQ.
4. The land referred to in this policy is situated in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
CLTAOA88 - 11/z;J/88
This Policy valid only if Schedule B is attached.
Policy No.
Page 1
809568
- 15
DESCRIPTION
PARCEL A:
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PORTION
LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 020 20' 33" WEST, 553.37
FEET TO THE TRUE POINT OF BEGINNING OF THE WITHIN DESCRIBED LINE; THENCE LEAVING SAID
WESTERLY LINE SOUTH 580 27' 03" EAST ALONG THE CENTER LINE OF THAT IRREVOCABLE OFFER
OF DEDICATION GRANTED TO THE COUNTY OF SAN DIEGO RECORDED SEPTEMBER 29, 1980 NO.
80-316749 OF OFFICIAL RECORDS TO THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER AND THE POINT OF TERMINUS, SAID POINT LYING NORTHERLY ALONG SAID
EASTERLY LINE 5.82 FEET, MORE OR LESS, FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 15715, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21,
1989 AS FILE NO. 89-328217 OF OFFICIAL RECORDS.
.Poli~No. 809568
- ~5
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the public records.
PART IT
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 1994-95 WHICH ARE A LIEN NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS & ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
NOVEMBER ~O, 1930 IN BOOK 1818, PAGE 494 OF DEEDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
RALPH D. POWERS AND DOLORA A. POWERS, HUSBAND AND
WIFE AS JOINT TENANTS
PUBLIC ROAD
JUNE 24, 1941 IN BOOK 1197, PAGE 190 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AFFECTS:
CLTAOB88 - 11/'B/88
'Policy NO.
Page 2
B09568 - 15
SCHEDULE B
(CONT.)
Part II
5. EASEMENTS FOR ROAD AND tJTILITY PURPOSES AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 29, 1982 AS FILE NO. 82-300267 OF OFFICIAL
RECORDS.
6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
CITY OF POWAY
WATER AND/OR SEWER LINES AND APPURTENANCES
JANUARY 5, 1988 AS FILE NO. 88-002581, OFFICIAL
RECORDS
THE ROtJTE AFFECTS A PORTION OF SAID PARCEL A AS MORE
FULLY DESCRIBED IN SAID DOCUMENT
AFFECTS:
7. THE FACT THAT SAID LAND LIES WITHIN ASSESSMENT DISTRICT NO. 88-1, AS
DISCLOSED BY A NOTICE OF ASSESSMENT RECORDED SEPTEMBER 27, 1988 AS FILE NO.
88-489399 OF OFFICIAL RECORDS.
8. A NOTICE OF SPECIAL TAX AUTHORIZATION FOR COMMUNITY FACILITIES DISTRICT NO.
88-1, RECORDED NOVEMBER 3, 1988 AS FILE NO. 88-564002 OF OFFICIAL RECORDS.
9. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
REGARDING:
DECEMBER 5, 1988
THE CITY OF POWAY, A MUNICIPAL CORPORATION AND PARKWAY
PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
DECEMBER 8, 1988 AS FILE NO. 88-630853 OF OFFICIAL
RECORDS
DEVELOPMENT
DATED:
BY AND BETWEEN:
RECORDED:
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
10. THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN CONDITIONAL USE PERMIT
NO. 87-06, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 22, 1988 AS FILE
NO. 88-660872 OF OFFICIAL RECORDS.
n. A COVENANT REGARDING REAL PROPERTY EXECUTED BY AND BETWEEN DONALD W.
BRElHAN, LOUTICIA L. BREIHAN, DONALD C. BREIHAN, CAROLYN A. BRElHAN AND THE
CITY OF POWAY, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN RECORDED
DECEMBER 4, 1990 AS FILE NO. 90-0643708 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
CITY OF POWAY
SEWER PIPELINES AND APPURTENANCES
CLTA88C - 12/16/M
j.oiicy No.
Page 3
B0956B - 15
SCHEDULE B
(CONT.}
Part II
RECORDED:
JUNE 25, 1991 AS FILE NO. 1991-0305363, OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AFFECTS:
13. A COVENANT AND AGREEMENT
EXECUTED BY:
IN FAVOR OF:
RECORDED:
LOUTICIA L. BRElHAN, ET AL
CITY OF POWAY
JULY 16, 1991 AS FILE NO. 1991-0347706, OFFICIAL
RECORDS
WHICH AMONG OTHER THINGS PROVIDES:
TO ASIDE BY CONDITIONS OF THE ATl'ACHED RESOLUTION
14. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
DATED:
BY AND BETWEEN:
RECORDED:
JUNE 29, 1993
LOUTICIA BRElHAN ET AL AND THE POWAY REDEVELOPMENT
AGENCY
JULY 13, 1993 AS FILE NO. 1993-0445350 OF OFFICIAL
RECORDS
OPTION AGREEMENT FOR THE PURCHASE OF REAL PROPERTY
REGARDING:
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
EXENSION OF OPTION AGREEMENT RECORDED JANUARY 4, 1994 AS FILE NO.
1994-000314B, OFFICIAL RECORDS.
15. THE RIGHTS OF THE PUBLIC TO USE THAT PORTION OF THE DESCRIBED PROPERTY
LYING WITHIN COMMUNITY ROAD (ARMONIA LANE} .
END OF SCHEDULE B
EH
CLTA88C - 11/16/8B
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