Grant of Right-of-Way for City Street 1991-0671200
2180
.JC " 1991-0671200
26-DEC-1991 02-21 PM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: 0,00
CITY OF POWAY
P. o. BOX 789
POWAY, CA 92064
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(This space for Recorder's use)
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
APN 316-082-05
GRANT OF RIGHT-OF-WAY
FOR CITY STREET
Documentary Transfer Tax
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JOHN D. MC CARTHY AND CAROLYN J. MC CARTHY, (hereinafter "Grantor") hereby
grant to CITY OF PO~'lAY (hereinafter "Gre..ntee") 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 Grantor hereby 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 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
therefor 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, growth (growing o~
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.
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 conveyed by reason of the location,
construction, landscaping or maintenance of said highway.
Dated this J~ day of ~ , 19~.
This is to certily t~terest in r8Il properly conveyed
by the deedGr illllt dated 1[-14-'111_ :r.h.,.. 1). rhc.~
c-..t ~l'1l\ 'J. rnc.~-n..., totlleCity
01 Powsy, a political corporation and lor llllvernmental agency
is hereby accepted by the undersigned oHicer or agent en be-
half 01 the City Council pursuant to authority conferred -,
Resolution No. 34 adopted on Janual} 20, 1981 and tbe
gra'lea consents to recordation tlIereof by its duly lulhoriZlld
officer.
Daled; \~_ll,-'il
By ) hlkik V Ntl/k-G..
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EXHIBIT "A"
LEGAL DESCRIPTION
APN: 316-082-05
VESTING: JOHN D. MC CARTHY AND CAROLYN J. MC eARTHY
A PORTION OF LOT 9 OF POWAY PORTALS, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
4406, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
DECEMBER 2, 1959, DESCRIBED AS FOLLOWS:
PARCEL 1: (SOUND WALL EASEMENT)
BEGINNING AT THE SOU'l'H WEST CORNER OF SAID LOT 9; THENCE NORTH
30038'49" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 6.05 FEET;
THENCE LEAVING SAID SOUTH WESTERLY LINE NORTH 64016'52" EAST 76.42
FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 9; THENCE
SOUTH 28052' 00" EAST ALONG SAID NORTHEASTERLY LINE 0.67 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 2450 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 28052' 00"
WEST, SAID CURVE BEING 50 FEET NORTHERLY AND CONCENTRIC TO THE
CENTERLINE OF POWAY ROAD PER RS 987, BOOK 3758, PAGE 3570 OFFICIAL
RECORDS OF SAID COUNTY, SAID CURVE ALSO BEING THE NORTHERLY RIGHT
OF WAY FOR POWAY ROAD AS DEDICATED PER SAID MAP NO. 4406, THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1046'49"
AN ARC DISTANCE OF 76.13 FEET TO THE POINT OF BEGINNING.
HAVING AN AREA OF 241 SQUARE FEET, MORE OF LESS.
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 WITH IN 90 DAYS AFTER THE FILING OF
NOTICE OF COMPLETION OF CONSTRU,CTION 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.
GEm1W. ~
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. *' State of FI OR T OA
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VOLUSIA
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en this the 14th day of
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) Claryne 0, Algee
the undersigned Notary Public, personally an"""re:!
John D. and Carolyn J. McCarthy
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November 19~, before me, *
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WI'lNESS my hand and official seal. *
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Notary-; s Sig~e- '7 *
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* state of en this the day of 19 _, before me, *
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* County of ) , *
* the undersigned Notary Public, personally app=>re:! *
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* WI'INESS my hand and official seal. *
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* Notary I s Signat.ure *
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en this the
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County of
the undersigned Notary Public, personally appeared
t1 personally known to De
t1 proved to De on the basis of satisfactory evidence
to be the person(s) whose I\aII'e(s) subscribed
to the within instnment, and acknowledged that
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WI'INESS my hand and official seal.