Grant of Right-of-Way for City Street 1992-0388396
'RECORDING REQUESTED BY:
CITY OF POWAY
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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.)
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GmUAL~
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* state 01;
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'--. this the
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day of 19 _, before me, *
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the undersigned Notary Public, personally appeared *
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* Notary I s Signature
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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. *
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en this the
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day of 19 _, before me, *
the undersigned Notary Public, personally an;eared
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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 ~
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* state of
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en this the /'iti.. day of /'//H-{ 19~, before me, *
~ 55.-1.)~. Aiw CpJ) , :
the igned Notary Public, personally arv"'red *
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....:Ii~":1 ..swee.-i:},p.;m,..,.. 6UIt1 !J",1/IQ Swuehe;"",er ':
t1 personally known to me *
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~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. *
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OFFICIAL SEAL
@~.. NANCYNNEU~
Nol8lY Pulllc>-C8l
.; . SAN DIEGO COUNTY
, .... eamm. EJq>.1)oC. 21. 1_
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EXHISIT
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l:, = 01'46'49"
CD R = 2450..00'
L = 76.13
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@ R - 2457.?O'
L = 76.34
L1 N 23'31'33" W
7.00'
L2 S 25'18'22" E
7.00'
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G)- IOLA WY.
~ FRANCINE TER.
W ALLBROOK DR.
@-=-- POMERADO RD.
II.
.........
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DENOTES EASEMENT
BOUNDARY
533 SQ. FT.
PARCEL 2
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DENOTES TEMPORA Y
CONSTRUCTION EASEMENT
PARCEL 1
POWAY
t
CITY OF POWA Y
EASEMENT PLAT
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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
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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.