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Grant of Right-of-Way for Public Street 1992-0181665 RECORDING REQUESTED BY: CITY,OF POWAY . ) ) l 2027 ) ) ) ) ) AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P. O. BOX 789 POWAY CA 92074-07B9 De~ " 1992-0181665 31-MAR-1992 08:47 AM OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE ANNETTE EVANS, COUHTY RECORDER FEES: 0.00 HA This document affects APN 317-4BO-14 & 15 (Portion) GRANT OF RIGHT-Of-WAY FOR PUBLIC STREET Use ~~~ o poway Creekstde Partners. (hereinafter "GRANTOR") hereby grants to Ctty of poway (hereinafter "GRANTEE") its successors, or assigns, the right-of-way and incidents thereto for a public street upon, over, and across that certain real property in the City of Poway, County of San Diego, State of California, described as follows: (See Exhibit "A" 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 street. RESERVING unto GRANTOR of the above described parcel of 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 and/or drainage facility, provided such substitution is first 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 at such locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said street. The GRANTOR, for him/herself, his/her successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street. phis Is tlI certify tUt lllt Interest in 181I JlIOjleIty conveyed Da ted , by the deed Dr &rMI dated ~ - ~-4 >- frOlll P I'W<-.., f':Cv~~.cl.( p~) to~C;!] 01 Powa,. a political co/1lOlllion and/or Illlvemmental agency is hereby accepted by the undersigned officer or agent on be- h.II 01 the City Council pursuant to authority conlerred b, Resolution No. 34 adopted on January 20, 1981 and the 1I'.ltee consents tlI recordation thereof by its duly authorized (S' t t b .flieer. 19na ures mus e notarized. Notary form attached.) IIY"U k 7V/lA..\t.... Dated: ~ - ,;),1-'\..... 'GENERAL ACKNOWl.EDGEMENT State of , 20'~ County of On this the )SS. ) day of , 19____, before me, the undersigned Notary Public, personally appeared [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknow- ledged that executed it. WITNESS my hand and official seal. Notarv's Sianature PARTNERSHIP AClMM.EDGEMENT State of (!~;W County Of(jJ/t j)~() On this the ~day of IJ1dr~ ,19.:12., before me, )SS. d /Z ) 'e4/1/1~ 1LLft!YJ the undersigned Notary Public, personally appeared 0~i!Prfle // t?t!'d//ny; . OffiCIAL SEAL ~ . JEANNE NELSEN pe rsona 11 y known to me NOT ART PUBLIC, CALIFORNIA PRINCIPAL OFFICE IN . ,.,' SAN DIEGO COUNTY proved to me on the basis of satisfactory evidence My Commission Expires March 31, 1995 to be the person(s) who executed the within instru- yrl aAl II ILl_I fLI' ment on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand nd official seal. CORPORATE ACKNOWl.EDGEMENT State of County of On this the day of )SS. ---- ) , 19____, before me, the undersigned Notary Public, personally appeared [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instru- ment a5 or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notarv's Sionature 2"9 BXHIBIT "A" STREET DEDICATIONS PARCEL A (A PORTION OF COMMUNITY ROAD): THAT PORTION OF PARCEL 1 OF PARCEL MAP NO.16213, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEL MAP BEING FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 7, 1990, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, THENCE ALONG THE WEST LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; NORTH 02'20'00" EAST, 190.78 FEET; THENCE NORTH 02'07'16" EAST, 270.00 FEET; THENCE NORTH 02'20'00" EAST, 386.28 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE ALSO BEING TANGENT TO THE SOUTH LINE OF POWAY ROAD AS SHOWN ON SAID PARCEL MAP NO,16213; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'27'28" A DISTANCE OF 6.79 FEET TO INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 13.00 FEET SOUTHERLY AT RIGHT ANGLES FROM SAID SOUTH LINE OF POWAY ROAD; THENCE SOUTH 88'42'37" EAST ALONG SAID PARALLEL LINE 151.53 FEET TO THE BEGINNING OF A TANGENT 140.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87' 44 ' 01" A DISTANCE OF 214.37 FEET; THENCE SOUTH 03'33'22" WEST, 150.25 FEET; THENCE SOUTH 02'20'00" WEST, 269.73 FEET; THENCE SOUTH 02'55'54" EAST, 110.28 FEET; THENCE SOUTH 02'51'58" WEST, 118.80 FEET; THENCE SOUTH 09'08'07" WEST, 69.86 FEET TO A POINT OF INTERSECTION ON THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 84'45'18" WEST ALONG SAID SOUTHERLY LINE, 11.86 FEET TO THE POINT OF BEGINNING. PARCEL B (A PORTION OF POWAY ROAD): THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO.16213, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEL MAP BEING FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 7, 1990, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, THENCE ALONG THE WEST LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; NORTH 02'20'00" EAST, 190.78 FEET; THENCE NORTH 02'07'16" EAST, 270.00 FEET; THENCE NORTH 02' 20' 00" EAST, 386.28 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO THE SOUTH LINE OF POWAY ROAD AS SHOWN ON SAID PARCEL MAP NO.16213; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'27'28" A 1 ~030 DISTANCE OF 6.79 FEET TO THE POINT OF INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 13.00 FEET SOUTHERLY AT RIGHT ANGLES FROM SAID SOUTH LINE OF POWAY ROAD, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE CONTINUING ALONG THE ARC OF SAID 20.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 69029'55" A DISTANCE OF 24.26 FEET TO SAID POINT OF TANGENCY ON THE SOUTH LINE OF POWAY ROAD; THENCE SOUTH 88042 '37" EAST ALONG SAID SOUTH LINE 1100.21 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69029'55" A DISTANCE OF 24.26 FEET TO ITS INTERSECTION WITH THE HEREINBEFORE MENTIONED PARALLEL LINE; THENCE NORTH 88042'37" WEST ALONG SAID PARALLEL LINE 1137.68 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C (A PORTION OF MIDLAND ROAD): THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.16213, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEL MAP BEING FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 7, 1990, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID PARCEL 2, SAID POINT BEING A POINT OF TANGENCY OF A 20.00 FOOT RADIUS CURVE ON THE SOUTH LINE OF POWAY ROAD BEARING SOUTH 88042'37" EAST, SAID 20.00 FOOT RADIUS CURVE ALSO BEING TANGENT TO THE WESTERLY LINE OF MIDLAND ROAD AS SHOWN ON SAID PARCEL MAP NO.16213; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69029'55" A DISTANCE OF 24.26 FEET TO THE POINT OF INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 13.00 FEET SOUTHERLY AT RIGHT ANGLES FROM SAID SOUTH LINE OF POWAY ROAD, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE CONTINUING ALONG THE ARC OF SAID 20.00 FOOT RADIUS CURVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 24040'35" A DISTANCE OF 8.61 FEET TO SAID POINT OF TANGENCY ON THE WESTERLY LINE OF MIDLAND ROAD; THENCE ALONG SAID WESTERLY LINE SOUTH 05027'53" WEST, 13.03 FEET TO A POINT OF TANGENCY WITH A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID 20.00 FOOT RADIUS CURVE ALSO BEING TANGENT TO THE HEREINBEFORE MENTIONED PARALLEL LINE; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF THE LAST MENTIONED 20.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 94010'30" A DISTANCE OF 32.87 FEET TO SAID POINT OF TANGENCY ON THE HEREINBEFORE MENTIONED PARALLEL LINE; THENCE SOUTH 88042'37" EAST ALONG SAID PARALLEL LINE 19.68 FEET TO THE TRUE POINT OF BEGINNING. 2 . 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T't..v'\j .-:s:. \... .I'A~ " 11'\'" ..... , '\ 'ill DETAIL B SCALE:/"40' REV/SED.' J'4-~2 .I.A.L./r. OESlQ\I[lIt~ 133 STUART ENGINEERING 0A...1IIN: 'ho .I.4.l ~ 7525 METROPOLITAN QRIVE STE 306 OATt: SAN DIEGO CA. 92108 619-296-1010 .!qI1.Z7.199Z JOI NO.: 1'1'1', 9Z -OZ.