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Grant of Right-of-Way for City Street 1992-0388396 'RECORDING REQUESTED BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) (This space 48 DOC " 1992-0388396 23-JUN-1992 10:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECOROEP FEES: n.cc for Recorder's uWb) WHEN RECORDED MAIL TO: CITY OF POWAY P. O. BOX 789 POWAY, CA 92064 APN 316-082-02 GRANT OF RIGHT-OF-WAY FOR CITY STREET JUDY SWEETHEIMER AND DONNA SWEETHEIMER (hereinafter "Grantors") hereby grant to CITY 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 attached legal description and exhibit plat) The Grantors hereby grant 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 street. Reserving unto Grantors of the above described parcel of land, their successors or assigns, the right to eliminate such slopes andlor drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefor is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantors hereby further grant to Grantee all trees, growth (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 highway. This is to certify t~at Ibe interest in reel property COfIYIJId bythedeed~rgrantdaterl~-L1-~2. f1'oIn :rv~ Swte:\'he.i-.,.. ~ l)ohn.,(, s......\-he.i.......... tvthe~ 01 Poway, a political corporation and/or guvernmentllagency Is IIoreby accepted by the undersianed officer or agent on be- h-" 01 the City Council pursuant to luthority conferr9d by Resolution No. 34 a$p!ed on January 20. 1981 Ind the araAtee consents to recordation thereol by its duly IlItI10riDd officer. The Grantors, for themselves, their successors and assigns, hereby waive any claim for any and all damages to Grantors' remaining property contiguous to the right-of-way conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this /9~1> day of -:::i&ne , 199~. ?J1i Mt'V'%'4'JUh, ~.JZ:Z: Donna Sweethimer (Signatures must be notarized; notary form attached.) lr~.;l. -"1:2- ~.: ItJ~L ~j1)~-t.., \ GmUAL~ * * * * * * * * * * * * * state 01; * 49 * County of * * * * * * * * * * - * * * * * '--. this the ) 55. ) * * * * * * * * * * 6 * * * * * * * * * * * * * day of 19 _, before me, * * * , the undersigned Notary Public, personally appeared * * , * * * * * * * * * * * * * Notary I s Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * tl personally known to me tl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed * to the within instrum:mt, and acknowledged that * executed it. * WI'lNESS my hand and official seal. * * * * * * * * * * * * * * * en this the ) 55. ) * * * * * * * * * * * * * * * * * * * * * * * * day of 19 _, before me, * the undersigned Notary Public, personally an;eared * , * tl personally known to me tl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrullent, and acknowledged that executed it. WI'lNESS my hand and official seal. GI!NEBAL ~ * * * * * * * * * state of * * County * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * * * * * * * * * * * en this the /'iti.. day of /'//H-{ 19~, before me, * ~ 55.-1.)~. Aiw CpJ) , : the igned Notary Public, personally arv"'red * * ....:Ii~":1 ..swee.-i:},p.;m,..,.. 6UIt1 !J",1/IQ Swuehe;"",er ': t1 personally known to me * * ~oved to me on the basis of satisfactory evidence * to be the person(s) ~ name(s) ~ subscribed * to the within instrum:mt, and acknowl ed that .~~ * executed it. * .~~~~:............1 OFFICIAL SEAL @~.. NANCYNNEU~ Nol8lY Pulllc>-C8l .; . SAN DIEGO COUNTY , .... eamm. EJq>.1)oC. 21. 1_ ... * * * * * * * * * * * * * * * * 50 EXHISIT "S" W ..J <( U Vl \)~\'-ly ~ ~O~~ ~~ ~. \ '" ~ II . /' / \ -i \ l:, = 01'46'49" CD R = 2450..00' L = 76.13 l:, = 01'46'49" @ R - 2457.?O' L = 76.34 L1 N 23'31'33" W 7.00' L2 S 25'18'22" E 7.00' /' G)- IOLA WY. ~ FRANCINE TER. W ALLBROOK DR. @-=-- POMERADO RD. II. ......... . DENOTES EASEMENT BOUNDARY 533 SQ. FT. PARCEL 2 ~~~~~~ DENOTES TEMPORA Y CONSTRUCTION EASEMENT PARCEL 1 POWAY t CITY OF POWA Y EASEMENT PLAT o ~ t\S) VICINITY MAP (j 15 !:J NO SCALE Right-of-Woy Engineering Services, Inc. Civil Engineering Land SurveYing 2103 EI Camino Real Ste. 208 Oceanside, CA 92054 (619) 757-4443 ACAO FNAME: SWEET.OWG ROAD ASSESSOR'S PARCEL NO.' 316-082-02 DATE: 4/10/92 VESTED IN: JUDY SWEETHEIMER DONNA SWEETHEIMER SHEET 1 OF 1 51 EXHIBIT "A" LEGAL DESCRIPTION APN: 316-082-02 VESTING: JUDY SWEETHEIMER AND DONNA SWEETHEIMER A PORTION OF LOT 6 OF POWAY PORTALS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 4406, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO DECEMBER 2, 1959 AS DESCRIBED AS FOLLOWS: PARCEL 1: SOUNDWALL EASEMENT BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6; THENCE ALONG THE EASTERLY LINE OF SAID LOT NORTH 23031'33" WEST 7.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2457.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 23031'33" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1046' 49" AN ARC DISTANCE OF 76.34 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 25018' 22" WEST; THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID WESTERLY LINE SOUTH 25018'22" EAST 7.00 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2450.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 25018' 22" WEST SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID LOT 6; THENCE NORTHEASTERLY ALONG SAID CURVE AND SOUTHERLY PROPERTY LINE OF LOT 6 THROUGH A CENTRAL ANGLE OF 1046' 49" AN ARC DISTANCE OF 76.13 FEET TO THE POINT OF BEGINNING. HAVING A AREA OF 533 SQUARE FEET MORE OR LESS. 778 PARCEL 2: TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES 10 FEET WIDE LYING NORTHERLY OF AND ADJACENT TO AND PARALLEL WITH THE NORTHERLY LINE OF PARCEL 1 DESCRIBED ABOVE. SAID EASEMENT SHALL EXPIRE WITHIN 90 DAYS AFTER THE FILING OF NOTICE OF COMPLETION OF CONSTRUCTION OF POWAY ROAD. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION.