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Grant of Easement Roadway 1992-0492512 RECORDING REQUESTED BY: ) 1990 DG~ " 1992-0492512 ) 06-AUG-1992 10:15AM CiTY OF POWAY ) ) OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: ) SAH DIEGO COUHTY RECORDER'S OFFICE ) AHHETTE EVAHS. COUHTY RECORDER CITY CLERK ) i FEES: 0,00 CITY OF POWAY ) '. Nil P.O. BOX 789 ) \\\ POWAY, CA 92064 ) \. ) This space for Recorder's use GRANT OF EASEMENT (ROADWAY) OOCOMENTARYTRANSfER TAX So_-\:" " .... /')\A.J Sigma Capital Corporation (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, Parcel A, Plat Titled Exhibits A and B Respectively) 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 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 sa i d 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. Dated this :207/[ day of Na.!:;. This is to certify that the interest in real JlIOIl8IlY conveyed / brtbe deed or erut datedS-;U-42.-,- sii h.A. -kpi-r", I e..."'\'J' . fP .. fo totheCijJ ? oway, a polItical corpOlation and/or governmental aiency IS hereby atcepted by the undersigned officer or agent on be- half 01. the City C;J~ncii rursuantto ~ulhority conferred by Rf.,,'lut'Gfo No. 34 adopted on Januar; 20, 1981 and the grantse consents to recordation thereof by its duly authorized officer. Sigma Capital Corp., A California Corporation D"'"d: S - '5 -1 :l. ~k Ay 7\J~t;, (Signatures must be notarized. attached.) Notary form 1991 STATE OF......................................... C~unly of..... ............... ...... ..... ............ } S5 PARTNERSHIP FOR~l On thi 8.... -.......... day 0 r..............n.......... .A. D.. 19.. .._.. before me......... _...................... n............ _. ......n........_... a Notary Public in and for the said County and Stale. residing therein, duly commissioned and sworn, personally appeared...... .............................................~...........~.......................... kno'Nll 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. ]"n Witncss llil)rrrof. I have hereunto set 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 Slate. GENERAL FORM STATE OF..........."...............,...."...... County of.............. ............................. } ss On this....................day of..............................A.D.. 19....... before me............................................................. a Notal'?' Public in and for the said County and State. residing therein. duly commissioned and sworn. personally appeared...... ..................................................................................................................................................................... personally kno\\lll to me to be the person......whose name............................suhscribcd to the withm Instrument, and duly acknowled~ed to me that..........he..........executed the same. ]n WilnrsS Wbrrrof, I have hereunto set my hand and affixed my ofnclal seal LJ,e day and year in this certificate first above written. .................................................................................. Notary Public in and for said County and State. STATE OF,........ County of.. CORPORATlO:--< FO,,~1 } 5S On lhisk..-?4,dSY Of'~~"""'''A'D'' lS~ef",e rn~~::<~~~~.."...... ~~~t%:.."n~~~, :~.. ~:~.....~.~t.~~~..,:.~~.'.~:~.~.:~.~:~.'.~:.~.:O::",:':~o:e:e ~:e~~~~...~~~.~~.~~~~~.~~~~;:::~.~~.; and...........~_.'"................... .~.........~ ita me to be Lhe..............................Secretary ::eth~~~~..,he .~li~.;~.~;;;;:::~...~~:.l~:.;;:.;,:.;;;~~.~.~:~~;~~'~:.:i.;~;~.;~~:~:~~:'~~. behalf of the Corporation therein named. and acknowledged to me that such Corporation executed tho 6ome. ltn Witness llJlJrrrof. I have hereunto set my hand and affixed my oflicial seal the day and year in this certificate first above written. . -- IlEl1Y R.... ----- --- _Clla__If,. ~tC~~..~;~.:~:.."..,',. 1992 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION AND DRAINAGE EASEMENT FOR LAKE POWAY ROAD PARCEL A -STREET DEDICATION That portion of the Easterly Half of the Northerly Half of Lot 1, in section 31, Township 13 South, Range 1 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to united States Government Survey, lying within a strip of land 60.00 feet wide, the centerline of said strip being described as follows: Commencing at the Northwesterly corner of the City of Poway Tract No. 4093-R, as shown and delineated on Map No. 11396, recorded in the Office of the County Recorder of said County on December 19,1985 as file no. 85-478802, being also the Northeasterly corner of said Lot 1, also being the Northwesterly corner of Lot A of said Tract; thence along the Westerly line of said Tract and the Easterly line of said Lot 1 South 0050'14" East 277.33 feet to an intersection with the centerline of "Lake Poway Road" as shown on said Map No. 11396, being also a point on the arc of a non-tangent 500.00 foot radius curve, concave Southeasterly, a radial line to said point bears North 21029 '26" West, being the TRUE POINT OF BEGINNING of the herein described centerline; thence leaving said Westerly line Southwesterly and Southerly along the arc of said non-tangent curve through a central angle of 51043'55", a distance of 451.45 feet to point "X" of this description; thence continuing Southerly along the arc of said 500 foot radius curve through a central angle of 6016'44", a distance of 54.79 feet more or less to a point on the Southerly line of said Northerly Half of Lot 1, distant thereon North 89012'59" West (North 89059'01" East record per Record of Survey No. 3777, recorded on November 23,1955 in said Office of the County Recorder as file No. 154222) 314.10 feet more or less from the Southeasterly corner thereof, a radial line to said point bears North 79030'05" West; thence continuing along said centerline Southerly along the arc of said 500 foot radius curve through a central angle of 10033'43", a distance of 92.17 feet; thence tangent to said curve South 0003 '49" East 452.14 feet to the beginning of a tangent 500.00 foot radius curve, concave westerly; thence Southerly along the arc of said curve through a central angle of 13008'42", a distance of 114.71 feet to a point on the Southerly line of said Lot 1, distant thereon North 89035'08" West 344,66 feet (North 89037'53" East 344.78 feet record per City of poway Tract No. 3545 according to Map thereof No. 10432, recorded in said Office of the County Recorder on July 15,1982 as File No. 82-217760) from the Southeasterly corner thereof, a radial line to said point bears South 76055'07" East (South 77041'52" East record per said Map No. 10432); said point being shown on said map as the intersection with the centerline of "Midland Road" which has subsequently been renamed "Lake poway Road". .' 1993 The sidelines of said 60,00 foot strip shall be prolonged and/or shortened to terminate Northeasterly in said Easterly line of Lot 1, and southerly in said Southerly line of the Northerly Half of Lot 1. PARCEL B - DRAINAGE EASEMENT That portion of the Easterly Half of the Northerly Half of Lot 1, in Section 31, Township 13 South, Range 1 West, San Bernardino Meridian, in the city of Poway, County of San Diego, state of California, according to united States Government Survey, lying within a strip of land 20.00 feet wide, the centerline of said strip being described as follows: Beginnin~ at point "X" herein above described in Parcel Ai thence North 85 46'05" East 114.60 feet to the Easterly terminus of said stripi and South 85046'05" West 60.01 feet to the westerly terminus of said strip of land. EXCEPTING therefrom that portion thereof lying within the above described Parcel A. Gary .~.~u" <f;b/12- Date 0895STREE.LGL