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Grant of Street Right-of-Way 1993-0017398 RECORDING REGUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: 1877 GG~ ~ lijJ-0G17393 ., .-, TA'" ., 9''-'-:;; .LL-,J 1~-'1. '7--i 09:0:2 :':ltl CITY CLERK CITY OF POWA Y P.O. BOX 789 POWAY, CA 92074 C~F:==~~ RE:CRD: ';,~N DE:j'J :CUP;/ :\:=J~:JE~;'; ,.~ ..~~ 4~NE~TE EvA~S~ :GJ~.v RECJRD R I-::'J; -, '. .~t' This space for Recorder's use GRANT OF STREET RIGHT-OF-WAY (Portion of Footman Lane) FOOTMAN LANE II, a California Limited Partnership (hereinafter "GRANTOR") hereby grants to CITY OF POWA Y (hereinafter "GRANTEE") its successors, or assigns, the right-of-way and incidents thereto for a public street upon, over and across that certain property in the City of Po way, County of San Diego, State of California, described as follows: (See EXHIBIT "A" - Legal Description & EXHIBIT "B" - Plat, both attached hereto and made a part hereof) The GRANTOR hereby further grants to the City of Poway the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street, RESERVING unto GRANTOR 01 the above described parcel 01 land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the CITY ENGINEER of GRANTEE, the necessity therefore is removed by substituting other protection, support andlor drainage facility, provided such substitution is lirst approved in writing by said Engineer. The GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and such locations as said GRANTEE may deem proper, needlul or necessary, in the construction, reconstruction, improvement or maintenance 01 said street, The GRANTOR, for him/herself, hislher successors and assigns, hereby waives any claim for any and all damages to GRANTOR's remaining property contiguous to the right-ol-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street, CITY ACCEPTANCE CERTIFICATE FOOnhPl.... LAPE':n: I .J/Z J~ Q ~1i4 ' q-.e ,f:6..+W--,/,.; ~~ This is to certify that the interest in real property conveyed by the deed or grant dated I~ -;>, I-<J ;;L from FOOTMAN LANE II. a California Limited Partnershio. to the CITY OF POW A Y, 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. 34 adopted on Ian, 20, 1981 and the grantee consents to recordation thereof by its duly authorized officer. Dated \ - I \-"\ ~ By KAJ~-L. (Signatures must be notarized. Notary form attached/ 1878 EXHIBIT "A" STREET DEDICATION Portion of Footman Lane THAT PORTION OF THE REAL PROPERTY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO RONALD FRANCIS NASH AND PATRICIA ANN NASH BY DEED RECORDED NOVEMBER 16, 1987 AS DOCUMENT NO, 87-638908 OF OFFICIAL RECORDS OF SAID COUNTY, (HEREINAFTER - "NASH PROPERTY") DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NASH PROPERTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTH LINE OF SAID NASH PROPERTY SOUTH 880 52' 21" EAST, 85,00 FEET TO THE NORTHEAST CORNER OF SAID NASH PROPERTY; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NASH PROPERTY SOUTH 000 13' 32" WEST, 26.00 FEET; THENCE WESTERLY AND PARALLEL WITH THE SAID NORTH LINE NORTH 88052' 21" WEST 34.46 FEET TO THE BEGINNING OF A TANGENT 22,OO-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 17.93 FEET THROUGH A CENTRAL ANGLE OF 460 42' 28" TO THE BEGINNING OF A REVERSE 48,OO-FOOT RADIUS CURVE, CONCA VE NORTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 38,37 FEET THROUGH A CENTRAL ANGLE OF 450 48' 21" (470 03' 34" PER DOC, NO, 1992-0663527) TO A POINT ON THE WESTERLY LINE OF SAID NASH PROPERTY; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NASH PROPERTY NORTH 00013' 32" EAST, 48,00 FEET TO THE TRUE POINT OF BEGINNING, C(,~ OEC. 2 ~ 19'12. "'--- b ~ ~(:) O.q: ~ ~ CI)~ ....0.:: .. OQ ~~CI) .0- '-Q~ - a:: "'- I.aJ - 1879 EXHIBIT B PORTION OF FOOTMAN LANE IN PORTION OF LOT 2, SECTION 35, T 13 5 '1 R 2 W . S.B.B.M. / / I I I I / / / / / N SS' FOOTMAN LANE --f- 52' 21" W I S5.00' " "- -" AREA " " OF DEDICA TION I l.aJo 0 ~.. t . C'llCO co tt)C'II t ~ - . .. C'II~ tt) tt) - .. C'II . II) 0 ~ / \' -J) ~.... '-" II ~ g~\) I.aJ - ~ ..C'II C'II ~ C'II " t C'II-" 0) C'II tt) b, IIII~ .. ~ Q::-JCo " .. ~ 0 ~ tt) .. .. .. 00 o"~ Ott) . . in 0000_ ~tt)" II II II in Q::-J<l ~ ~ . II - <J ~ /2-1_ 12 GENFRAL ACKNOWLEDGMENT j<-<'!.'--~'~\.;..-~~~?;''?~= ??:.>;:;>..-~~. , , - ~ '. State..f 'California I;" County of San Diego ~ ~ i~ f~ \1 :~ I ~;.~-?=~~~ I PARTNERSHIP ACKNOWLEDGMENT -",j--~~ , ':~ California } 55. State of 'J j .' , , 1 " .\ , County of San Diego ., j @ 0FFlCW. lEAL PA1RICIA ICEI.l V NoIay N:lIc-CalIIomIa SAN D1~ COUN1Y ~ CoI..mIIIIOn _- lob<< 14, 1CJ9li ~.,.-~-",-;..;.~~~.......-:;y...-=.--~~ ~ CORPORATE ACKNOWLEDGMENT '~~...r~ '.; \' .; =-~~ ~-:--:-:-~.= , .t.. State of } 55. County of 1880 ~-9"'~~~~~~..r_-'~2:2 ~~~~~~ On this the 21st day of December 19~, before me, ~ Patricia Kelly, Notary Public ~ } 55. the undersigned Notary Public, personally appeared Allan Royster o personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(:a) ; " within instrument, and acknowledged that WITN ESS my hand and ollicial seal. ~ subscribed to the executed it. he Patricia Kelly I> Notary's Signature On this the 21st day of Patricia Kelly, Notary Public December 92 19_. before me, ~ ~ ~ ~ \ ~ ..~ , ~ ~ 'Ii the undersigned Notary Public. personally appeared E. Allan Royster, General Partner [J personally known to me JgC proved to me on the basis of satisfactory evidence to be the rs n(s) who executed the within instrument on behalf of the partner hip. d acknowledged to me that the partnership executed it. WITN hand and alii i I seal. Patricia Kelly ::--:: -:- ~::-<:'---;.~ ;;,.-~~-~~- __..::r_ =-~--"!'- ~ -:--"--? -"'-:-, 19_. before me, ~ ); .~ X ~ On this the _ day of the underSigned Notary Public, personally appeared ,\ " \ :\ .\ \ \~ .~ ~ ~ :\ { c " .~ .~ , ., ., " - --',-,--'- - .'-'-- - - - . - - -.+:'.-'--.,- ---,- ---'- -:--::--:-,--'--'-'-,- -.-----'f"'.--'.-'..-'r/_'_..;..,_.->.-"_r;_T.J_'___""__'->.-r..r.~__--'"..,.J________'..-'-__,-,,-,.-'-~.-:.-'.-,.-,,":>"-'f"'...-'~~\ = personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature