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Grant of Right-of-Way for City Street 1992-0006845 201G DOL U 1992-0006845 07-JAN-1992 OS:30 AM CITY OF POWAY ) ) ) ) ) ) ) ) ) (This space for Recorder's use) OFFICIAL ~ECORDS, 1 , sAH DIEGO COUH1Y RtCORDE~'S OFF~Cc , AHHET1E EVAHS, COUHli RECORDEF , , , FEES: 0,00 HA RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF POWAY P. O. BOX 789 POWAY, CA 92064 APN 316-082-01 GRANT OF RIGHT-OF-WAY FOR CITY STREET Documentary Transfer Tax Ill1 I!l.- \,r $-0- 5\ ~~ \\ \l, /1 \\ V GEORGE T. AND FRANCES ANDRY (hereinafter "Grantor") hereby grants 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 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 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. 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 I~ day of ~ , 191L. This is to oIItily tUt thllalImt In 11II pnIIIIlIJ CllIlIJId byth.dledGfIflll\~ i"~'1-~1 _(PeG')<-" .* o.v..~ r:~') Jl<I,.4.l", .. the City 01 POWIJ, I political corpontioo IIId/or ~RIIntal qency Is hereby _pled by the undersigned offIcer or qentln be- ha" of the City Council punuant to lu!hority conll!!Ted .., R,""lution No, 34 Idopted on Jlnu8\Y 20, 1981 and the grantte consents to recordllioD thereof by lis duly IUthorlzed officer, Andry Frances And (signatures must be notarized; notary form attached.) POW1 DIlId: I -1.0-'1 :z- By ~ l.L~t...- GrnEWIL ~ ********./1****** * Sta~ of (4..6/mHf-''N- : County of ~ 1k~f& * * * * * * * * * * * OFFICIAL SEAL @" NANCYNNEU~~ NotarY Publc>CaI....- . ~ DIEGO COUNTY ~, My eamm. ElIP.l)oC. 21. 11102 GrnEWIL ~ * * * * * * * * * * * * * * * * * state of * * County of * * * * * * * * * * * * * * * * * * 01. this the ) SS. ) * * * * * * * * * * * * * * * * * * * * * * * * day of 19, before me, * * * * * * * * , the undersigne::i N:>tary Public, personally BfP""'re::i , * tl personally krlchIIl to me tl prove::i to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed * to the within inst.rurrent, and a~ledged that * ~~Urlit. * WI'INESS ITr:f hand and official seal. * * * * * * * * * * N:>tary I s Signature * * * * * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * * * * * * * * * * * * * * * GrnEWIL ~ * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * * * ******** 01. this the ) SS. ) * * * * * * * * * * * * * * * * * * * * * * * * day of 19 _, before me, * * * * * * , * * * * * * * * * , the undersigned N:>tary Public, personally appeare::i t1 personally ~ to Ire tl prove::i to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within inst.rurrent, and a~ledged that ex~Url it. WI'INESS ITr:f hand and official seal. * * * N:>tary I s Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2017 EXHIBIT "A" LEGAL DESCRIPTION APN: 316-082-01 VESTING: GEORGE T. AND FRANCES A. ANDRY A PORTION OF LOT 5 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 FOLLOWS: PARCEL 1: SOUND WALL EASEMENT COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5, THENCE NORTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY OF POWAY ROAD PER SAID MAP NO. 4406, SAID RIGHT-OF-WAY ALSO BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2450 SQUARE FEET, A RADIAL LINE TO WHICH POINT BEARS NORTH 23031'33" WEST, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01018' 14" AN ARC DISTANCE OF 55.75 FEET TO THE TRUE POINT OF BEGINNING SAID POINT ALSO BEING A POINT OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 88043' 36" AN ARC DISTANCE OF 38.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF IOLA WAY PER SAID MAP NO. 4406 SAID POINT BEING 30 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY OF THE CENTERLINE OF IOLA WAY; THENCE LEAVING SAID RIGHT-OF-WAY OF IOLA WAY, RADIAL TO LAST SAID CURVE SOUTH 69003'05 WEST 5.00 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET A RADIAL LINE TO WHICH BEARS NORTH 69003'05" EAST; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88043'36" AN ARC DISTANCE OF 30.97 FEET, THENCE RADIAL TO LAST SAID CURVE SOUTH 22013' 19" EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 174 FEET, MORE OR LESS. PARCEL 2: TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES 10 FEET WIDE LYING NORTHWESTERLY AND SOUTHWESTERLY OF AND ADJACENT TO AND PARALLEL WITH THE NORTHERLY AND SOUTHWESTERLY LINE OF PARCEL 1 DESCRIBED ABOVE. (PAGE 1 OF 2) 2018 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. C)' CECIL APN: 316-082-01 (PAGE 2 OF 2) S*S,,;I c.o**S~C ~ 0' \,O\~\ ~'O1 I''=> % --------\'sl'; " I'll. ,,00 ...J \,1l'tl~I''''~'''\~ " --- ~ ? O't'4 2019 " ... II . ~ EXHIBIT "B" ~oov.. l>- \... \... <0 -------- ~~. @ \)~\~~ w -' -< u VI 4 ~ :,0 :,0 -z. ~J\ J>>? ~. ..- 'G> 'C ' o '*- , ....... 0'1 t:, ~ 01'18'14" <D R - 2450.00' L - 55.75' t:, ~ 88'43'36" @ R ~ 25.00' L - 38.71' t:, = 88'43'36" o R = 20.00' L = 30.97' t:, = 91'14'09" o R = 2500' L ~ 39.81' t:, = 01'20'29" @ R ~ 2575.00' L = 60.28' G)-- 10LA WY. ~ FRANCINE TER. CD- ALLBROOK OR. @-=- POMERADO RD. ~.: ~ POWAY t ROAD o o cl ~ VICINITY MAP (J 0 '(V NO SCALE Right-af-Way Engineering Services, Inc. Civil Engineering Land Surveying 2103 EI Camino Real Ste. 208 Oceanside, CA 92054 (619) 757-4443 ACAD FNAME: ANDRY.DWG \ DATA SHOWN HEREON IS DERIVED FROM RECORD SOURCES -(' o , ....... \- ..,.. C' fj/\ 0 0 -------- ~ ~o~\) PARCEL 2 ~,\", ""~~ DENOTES TEMPORA Y CONSTRUC~ON EASEMENT PARCEL 1 1...........................1 DENOTES EASEMENT BOUNDARY 174 SO, FT. CITY OF POWA Y EASEMENT PLAT ASSESSOR'S PARCEL NO.. 316-082-01 DATE: 12/06/91 VESTED IN: GEORGE T. ANDRY FRANCES A. ANDRY SHEET 1 OF 1