Grant of Easement Roadway 1992-0519992
RECORDING REQUESTED BY }
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: }
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CITY OF POWAY }
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P. O. BOX 789
POWAY, CA 92064 }
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.... GRANT OF EASEMENT
(ROADWAY)
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(hereinafter "GRANTOR") hereby
grants to CITY OF POWAY (hereinafter "GRANTEE") its successors, or assigns', the right-
of-way and incidents thereto for a public roadway upon, over and across that certain
real property in the City of poway, County of San Diego, State of California,
described as follows:
(See Attached Legal Description and Exhibit Plat)
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 City Roadway. RESERVING unto grantor of the above described parcel of land,
his successors or assigns, the right to eliminate such slopes and/or drainage struc-
tures 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 construc-
tion, reconstruction, improvement or maintenance of said roadway.
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 roadway.
This is to certify that the interest in real property convl!l'ed
by the deed or grant dated S -ID '1~rom
to theCily
of Poway, a politicol corporation and/or governmental agency
is hereby accepted by the undersigned officer or agent on be-
half of the City Council pursuant to a~tnority conferred by
Resolution 110. 34 adopted on Janu,r} 20, 1S81 and the
grantee consents to recordation thereol by its duly authorized
officer.
Dated:
BYYh~.i
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(City Certificate of Acceptance)
It'
J?
err Richardson, President
Richardson Pontiac-Buick-Oldsmobile-GMC Truck
(Signatures must be notarized. Notary form
attached. )
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STATE OF......................................... }
County of....... ... ................ .......... ....,.. 5S
PARTNERSHIP FORM
On t.his.... -, ..... ....day of. ............... ......... ..A.D.. 19.......before me, ............ ..................... .......... ......... ...............
s Notary Public in and for the said County and Slate, residing therein, duly commissioned and sworn, personally appeared......
.................................................~.................................. knoMl to me to be one of the partners of the partnership that
executed the within instrument. and acknowledged to me that such partnership executed the same.
lilt Witnrss IDbrrrof, I have hereunto set my hand and affixed my official seal the day Bud year in this certificate first
above written.
..................................................................................
Notary Public in and for said County and State.
GENERAL FORM
STATE OF.........................................
County of..... ... ....................... ............
} 55
On this............ ........day of.......... ....................A.D., 19....... before me.... ..................... ....................................
a Notary Public in and for the said County and State. residing therein, duly commissioned and sworn, personally appeared......
.....................................................................................................................................................................
personally known to me to be the person......whose name ............................subscribcd to the within Instrument. and duly
acknowledged to me that..........he..........executed the same.
Jln Witness WbrrroC,1 have hereunto sel my hand and affixed my official seal the day and year in this certificate first
above written.
..................................................................................
Notary Public in and for said County and State.
CORPORATION FORM
~~~;;~ ~i~~:u;t::::::::::::: } 55
On thiS........./.~~d.Y of..a:J;:1.d.......A.D.. 19~ before me~..~............:..
a Notary Public in and for t~Sfid Co ~d State. residing therem. duly commissioned and sworn. personally appeared.......
'-""4, ~ e:. ~ ......, . I- ) k t to b h V. P'd
....f'.r.f.~..."".. .................. ........~........................ nown 0 me e t e...................t'.~...... resl eot
.. . .............. ...............~......~.,~..~......Zl....,............
of the .................................r..~.:7.e~.~1..~.&..::
the Corporation that executed the within Instrument. known to me to be the persons who executed the within Instrument. on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
lJl1 Wi r u d and affixed my official seal the day and year in this certificate first
.bove writ n~, ,..
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0FFlClALSEAI.
WoARlE lOFfON
~Publlc-CM.......
SAN DIEGO COUNIV
Mr~'.I"""I__
ApI., 1994
~~...&~........................
Notary Public in and for said County and State.
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LEGAL DESCRIPTION
AI I that portion of Parcel 2 of Parcel Map Number 13878 in the City of
Poway, County of San Diego, State of California, as filed in the Office
of the County Recorder of San Diego County, July 25, 1985, as Fi Ie
Number 85-265752 of Official Records, described as follows:
Beginning at the point of intersection of the Southerly line of said
Parcel 2 and the Westerly side line of a 64.00 foot wide private road
and uti I ity easement recorded October 9, 1975 as Fi Ie Number 75-278850
of Off i cia I Records, sa i d po i nt of intersect i on bears NORTH 89015' 30"
WEST 30.00 feet from the Southeasterly corner of said Parcel 2; thence
a long sa i d Souther I y line of Pa rce I 2 NORTH 89015' 30" WEST 17.51 feet
to the beginning of a 43.00 foot radius non-tangent curve concave Easterly,
a radial I ine to said beginning of curve bears NORTH 89049'10" WEST; thence
Norther I y a long sa i d curve 24,03 feet through a centra I ang I e of 32001' 28"
to the beginning of a 95.00 foot radius tangent curve concave Westerly;
thence Northerly along said 95,00 foot radius curve 26.09 feet through a
centra I ang I e of 15044' 11" to an intersect i on with the Wester I y side line
of said 64.00 foot private road and uti I ity easement, a radial I ine to
said intersection bea,s SOUTH 73031 '53" EAST; thence along said Westerly
side line of easement SOUTH 0012' 30" EAST 46.71 feet to the Po i,nt of
Beginning.
Contains 0.01 acres
30.60'
'PI: OF
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PLAT TO ACCOMPANY lE"GAL DE"S'C'RTPTION
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I hereby accept my election as Prelident of Poway Motors, Inc. to be
Richard80n Oldsmobile Buick Pontiac GMC Truck, IDe. a Delaware corporation
(the ''Dealer Company"), and qree that aa long aa I hold that office, I will devote
.ub.tantially all of my capabilities and time (to the ezcluaionof all other
com:merclal interests) to the Dealer Company's business affairs, In this
<<'....don, I am not now, nor do I intend to become, associated either financially
or otherwiu in any other business enterprise, -and I acknowledge that such an
aseociation would conflict with my respODllibilities as President of the Dealer
Company,
I 1.1J1derstand that operating a retail dealership may include many activities
in addition to selling and servicing new and used vehicles, such as le~
veh;clel, renting vehicles on a daily basis, selling insurance (including credit life,
health and accident, liability and physical opmilge insurance), finAndng vehicles
and operating veno;ng macMnAll,
I agree that whenever a bu&iness opportunity which is of a type described
above or which is otherwise within the range of the Dealer Company's intended
business activities is presented to me in my capacity as an employee, officer or
director of the Dealer Company, I bave a legal duty to take advantage of that
bn9i"lus opportunity solely for the Dealer Company's benefit, I understand that I
am legally prohibited from taking such business opportunity for peraonal use or
otherwiae diverting it for my own self interest, and that if I do so, I will hold in
trust any profit obtained from that opportunity for the benefit of the Dealer
Company, which will have the rliht to collect it from me.
I further agree that as President otthe Dealer Company I will perform my
duties and 8UC\1te my responsibilities strictly in accordance with the.provisions of
the"D....'GompaDY's by-laws and with the following policie& (and any other
poUol"i..gted1by the Dealer Company's board of directors) and that any
"~,.~-:~ directors made in the course of app!yiq such
1, Vale.. it would be unlawful to do so, the Dealer Company will obtain
all income derived either directly or indirectly from the operation of
ita business (and any ancillary or related business) by directly
conducting the activity producing that income, by establishing a
subsidiary corporation to do 10, or by engagina an officer or employee
of the Dealer Company to do 10,
2, No officer, director or employee of the Dealer Company (or any
member of such a person's "'mily) will directly or indirectly divert for
that person's benefit any business opportunity which is related to the
v0'd NOSa~~HJI~
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Dealer Company's dealership operations and which the Dealer
Company can lawfully undertake or benetit from,
3, Whenever there is any question, doubt or uncertainty regarding the
application of either of the above policy resolutions to a particular
business opportunity, the entire matter shall be presented at the next
meeting of the board of directore for their consideration and action.
IN WITNESS WHEREOF, I haveJlte~ted this Acceptance of Office on the
~day of ~.&/~ ' 19~
fi'~ ",.q~
erry, ,Richardson
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ArnON BY
BOARD OF DIRECTORS & STOCKHOWER(S)
FOR PLAN OF REORGANlZA770N
BY W1UTTEN CONSENT
~ to s.ctiDM 141(fJ _ 228 of tM Gennal Corporldion LA'W of tM St4te
of Ihl/I'Wllre, tile 111I....."..", bang the DiNcto,.. IInd Stockholtler(s) of Poway Motors,
IIIe. ~ft.Ir ''Dellr. Comptl#lI'), II D,lllWare corporation, 40 her,by conunt to tM
....of'tMfolltruJiag ,."oMio,..:
'WH.EREAS the Dal". Compay 'WIU orgtmiZMl Ftbrullt'1J 1, 1989, anul.,. the
tMn t:I41'MJt Moto,.. HoWing Inwstment Plan 'With Generlll Motors Corporation
(Motors Bolding Di'Oiaion) IU its So~ Stockholder, for the purpose 0/ obtllining an
option to purc1uIH real property locat,d at 13811 PowllY RoIl4, poway, California,
CD~ of trppro_lItsly 118,608 equ,", feet of land, pending final trpproval of the
propou4 nsw Int/4IIltment Pltm, tletermination of dealer IIppOintment IInd or
structruw; tuUl
WHEREAS the new Inv,stment Plan has been approved by General Motors
Corporation and the Directors and Sole Stockholder 0/ D'1I1er Compllny 'Would like
at tm. time for the D,aler ComplUlY tuUl ifll inte1'nIlZ a!fllm to be got/erned 'by the
new Ino..tment Plan; and '
WHEREAS Terry M, Riclulrdson, who is IIcceptable to Motors Holding
Dit/ision, to OperIIte IU President tmd a Director of Delller Company, has indicated
he is willing to become a Stockholder with Motors Holding Dit/ision in this
Company provided the Comptmy is reorganized for this purpose; tmd
WHEREAS concurrent with Mr, Richardson's intlestment, Dealer Compllny's
nams 'Will be chaged to RichllTtlson Pontiac-Buick-Oldsmobile-GMC Truck, Inc, and
the construction of fa.ciliNs will commence as soon as possible; and
WHEREAS dealer comptmy will o,.rate from temporary fllcilities 10Mted lit
122SS Poway Road, pending completion of the coMtruction of facilities located lit
2381.1 Poway RDad; and
WHEREAS it is deemed adVisllbZe tuUl in tire best interest of this Company
and it. Stockholtler(s) that tire Company be reorganized as of December 31, 1991, to
pro'Oitle for the abooe chaps:
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FURTHER RESOLVED, tluat the Pre:rident of the Dealer Company sllldl be
ruponsible for p1'otecting the credit base of the Detdn Company and for
maintaining in effect the Ploor Plan on beh.lf of the De.l.,. Comp.ny, anti,
if t1ul ~ of t1ul Floor PI.n aN 4eterminlltl by the President or the bot#d
of directors to be unMtisfactory or n,ot competiti'De with those of
alttn'ntditle .rrangements (or if the collater.l requirements thereunder are
inae_d), the President shall b. responsible for seCl4Thlg alttn'nati'De
fintmcing tu'J'tmgeJMnts (which alternative arrangements may not be entered
into or effected without ths prior appro'Dal of the board of directors),
XIX. GENERAL AU'lHORIn:':
FURTHER RESOLVED, that in order to fully carry out t1ul intent and
effectu4u the purposes of the foregoing resolutions, the prop'" officers of
the De,,"" Cmnpany are hereby authorized to take all such ftnthtw actionli,
tmd to SX8CUts and deliver all such further instruments and documents in
the name tmd on behalf of the Dealer Company and under its corporate seal
or otlumoise, tmd to p.y all such feu rmd expenses, which shall in their
j'llllgmMlt be nsceIlIU",.,,, propn or ad'Disable.
This consent may be execuud in two or more counterpam etu:h of which
shall be dunud an original for .11 purposes, tmd together shall cOflBtitute one and
tM '47M consent.
IN WI7J\1ESS WHEREOF, the unthmgned h.ve t!XIlcutetl this Consent of the
Botu'd of Directors on the ,~ day of I~ , 1992....
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W, J. Steffes
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