Grant of Easement Roadway 1991-0534759
RECORDING REQUESTED BY ) 881 Du~ " 1991-0534759
)
CITY OF POWAY ) 16-0CT-1991 08=10 AM
) OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: )
) SAH DIEGO COUHTY RECORDER'S OFfICE
CITY CLERK ) AHHETTE EVAHS, COUHTY RECORDER
CITY OF POWAY ) fEES: O. 00
P. O. BOX 789 ) HA
POWAY, CA 92074-0789 )
(This Space for Recorder's Use) ~f
This document affects APN 317-280-29 and 36
GRANT OF EASEMENT ~
')OCUMENTARY TRANSfER TAX ~_.o- ~ ROADWAY ~ \y~~
.. "'"YYl K 7\J Mh
Parkway Business Centre Partners, Ltd. (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:
Parcels 1, 2, 4, and 5 of Exhibit "A" and Exhibit "B" attached
hereto and incorporated herein.
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 gran-
tor 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 protectiDn, support
and/or drainage facility, provided such substitution is first approved in
writing by said Engineer.
The Grantor, for him/herself, his/her successors and assigns, hereby
relinquishes and waives all abutter's rights of access appurtenant to Lots
17 and 43 in and to South poway Parkway as shown on Exhibit "B".
The Grantor, for him/herself, his/her successors and assigns, hereby waives
any claim for any and all damages to Grantor's remaining property con-
tiguous to the right-of-way hereby conveyed by reason of the location,
construction, landscaping or maintenance of said roadway.
This is to lIIIlily lIIat the intemt in rtIl property COIl'IIjId Dated thi s ,.1 S- day Of~' 199/
by the deed or gram da!Id '1-.?S-'l1 ~ -t,fly ~~
€>\J~i"'es~ L'--\"rt ~ ,U"<t to the City
of Poway, a political corporation end/or lD'emmentat agency
is hereby accepted by the undersigned officf' or a&e~t on be- E. Rex Brown III, Sr. Vice President, ADI Properties, Inc.
half of the City Council pursuant to a'lthOliW conflll'red ~ . Parkway Business Centre Partners, Ltd.
Resolution No. 34 adopted 0" JaRual} 20, 1981 and the ADI Properties, Inc. General Partnership
graatee consents to recordation thereof by its duly aulhori1ld
officer. (Signatures must be notarized. Notary form
Dated: l6 -( '-\:-1 \ rru K ",,,"od.)
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GE~ERAL ACKNOWLEDGEMENT - 882
I State of On this the _ day of , 19 _, before me,
)55.
County of ) ,
the undersigned Notary Public, personally appeared
,
0 personally known to me
0 proved to me on the basis ofsatisfactary evidence
to be the person(s) whose name(s)
subscribed to the within instrument, and acknow-
ledged that executed it.
WITNESS my hand and official seal.
PARTNERSHIP ACKNOWLEDGEMENT
State of On this the _ day of , 19_, before me,
)55.
County of ) ,
the undersigned Notary Public, personally appeared
,
0 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instru-
ment on behalf of the partnership, and acknowledged
to me that the partnership executed it.
WITNESS my hand and offi ci a I seal.
Notary's Siqnature
CORPORATE ACKNOWLEDGEMENT
State of ~/'lrI/J On this the.?p/jday of hl'r&11tJ~r...-. 19 qf , before me,
County Ofc~#-Y l);~o )55. ~ /Y/:
) 'l#rnr_ /' Sr.# '
the undersigned Notary Public, personally appeared
C /rr f5 J7/JPlJ,r/ ,~ ,
frfI4otC~-~~
; ~ ~ OFFICI "I. 51"1. personally known to me
,.~ ' " JEANNE NELSEN
I~"' ~,~ -''''''''''' proved to me on the basis of satisfactory evidence
\ ..~ PRI~IP"L OFF/a IN
''4''-'--' i~/ SAN [moo COl.td'f to be the person(s) who executed the within instru-
My Go~ &1_ ...... 31. 1195 , ment as or on behalf of the
~nfl'l J I J II r 1J....41111...,~ corporation therein named, and acknowledged to me
that the corporation executed it.
WITNESS my hanir nd official seal.
/
/~
IN r 's 5i nature
._--~_._.
883
eXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT 17 OF CITY OF POWAY TRACT 87-13 UNIT 1,
PARKWAY BUSINESS CENTRE, ACCORDING TO MAP THEREOF NO. 12556, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
FEBRUARY 8, 1990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1 _ STREET DEDICATION (PORTION OF SOUTH POWAY PARKWAY)
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 17, SAID POINT BEING ON THE NORTHERLY LINE OF THE RIGHT-
OF-WAY OF SOUTH POWAY PARKWAY AS DEDICATED PER SAID MAP NO. 12556;
THENCE ALONG SAID NORTHERLY LINE, NORTH 87'40'02" WEST 98.69 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY OF SOUTH POWAY PARKWAY, NORTH
86'37'20" EAST 102.19 FEET; THENCE SOUTH 87'38'41" EAST 21.46 FEET
TO A POINT ON THE PREVIOUSLY DESCRIBED 34.50 FOOT RADIUS CURVE, A
LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 42'47'48"
EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 45'07'46" A DISTANCE OF 27.18 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL 1 HAS AN AREA OF 0.015 ACRE, MORE OR LESS.
PARCEL 2 - STREET DEDICATION (PORTION OF NELSON DRIVE)
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 17, SAID POINT BEING ON THE NORTHERLY LINE AND WESTERLY
LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND NELSON DRIVE
RESPECTIVELY, AS DEDICATED PER SAID MAP NO. 12556, A LINE RADIAL
TO SAID CURVE BEARS SOUTH 2' 19 1 58" WEST; THENCE ALONG SAID WESTERLY
LINE OF THE RIGHT-OF-WAY OF NELSON DRIVE, AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 45'07'46" A DISTANCE OF 27.18 FEET
TO THE TRUE POINT OF BEGINNING; A LINE RADIAL TO SAID CURVE THROUGH
SAID POINT BEARS SOUTH 42'47'48" EAST; THENCE CONTINUING ALONG SAID
WESTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 47'24'14" A DISTANCE OF 28.54 FEET; THENCE CONTINUING
ALONG SAID WESTERLY LINE AND TANGENT TO SAID CURVE, NORTH 0'12'02"
WEST 10.01 FEET TO A POINT OF CUSP WITH A 34.50 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID
POINT BEARS NORTH 89'47'58" EAST; THENCE LEAVING SAID RIGHT-OF-WAY
OF NELSON DRIVE SOUTHWESTERLY AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 86'49'22" A DISTANCE OF 52.28 FEET;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 87'38'41" EAST 21.46 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 2 HAS AN AREA OF 0.004 ACRE, MORE OR LESS.
- ----.- . .._---_...._-----~."------_._-
884
EXHIBIT "A"
-PAGE 2-
PARCEL 3 - GENERAL UTILITY EASEMENT (IN LOT 17)
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 17, SAID POINT BEING ON THE NORTHERLY LINE AND WESTERLY
LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND NELSON DRIVE,
RESPECTIVELY AS DEDICATED PER SAID MAP NO. 12556, A LINE RADIAL TO
SAID CURVE BEARS SOUTH 2.19'58" WEST; THENCE ALONG SAID
SOUTHEASTERLY LINE OF SAID LOT 17 AND SAID WESTERLY LINE OF THE
RIGHT-OF-WAY OF NELSON DRIVE, AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 92.32'00" A DISTANCE OF 55.72 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 0.12'02" WEST 10.01 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY OF NELSON DRIVE, SOUTH 89.47'58"
WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
ON THE WESTERLY LINE OF THE EXISTING GENERAL UTILITY EASEMENT IN
SAID LOT 17 AS DEDICATED PER SAID MAP NO. 12556; THENCE ALONG SAID
WESTERLY LINE AND NORTHERLY LINE OF SAID GENERAL UTILITY EASEMENT:
SOUTH 0.12'02" EAST 10.01 FEET; SOUTH 89.47'58" WEST 10.00 FEET TO
A POINT ON A NON-TANGENT 14.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS
NORTH 89.47'58" EAST; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 92.32'00" A DISTANCE OF 23.42 FEET;
TANGENT TO SAID CURVE, NORTH 87"40'02" WEST 99.69 FEET; THENCE
LEAVING SAID NORTHERLY EASEMENT LINE, NORTH 86.37 '20" EAST 101.19
FEET TO THE BEGINNING OF A TANGENT 14.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 86.49'22" A DISTANCE OF 21.97 FEET;
THENCE NON-TANGENT TO SAID CURVE, NORTH 89.47'58" EAST 10.00 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 3 HAS AN AREA OF 0.017 ACRE, MORE OR LESS.
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT 43 OF CITY OF POWAY TRACT 87-13 UNIT 1,
PARKWAY BUSINESS CENTRE, ACCORDING TO MAP THEREOF NO. 12556, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
FEBRUARY 8, 1990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 4 _ STREET DEDICATION (PORTION OF SOUTH POWAY PARKWAY)
BEGINNING AT THE EASTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID LOT 43, SAID POINT BEING ON THE NORTHERLY LINE OF THE RIGHT-
OF-WAY OF SOUTH POWAY PARKWAY AS DEDICATED PER SAID MAP NO. 12556;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 87.39'01" EAST 177.01 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY OF SOUTH POWAY PARKWAY, NORTH
84.25'03" WEST 179.75 FEET; THENCE NORTH 87.38'41" WEST 22.03 FEET
TO A POINT ON THE PREVIOUSLY DESCRIBED 34.50 FOOT RADIUS CURVE, A
--~_._-,-------- ~._------_.._---_._-'_.-. ._-"'-'-'-'-'---'~----'._.'-'---
885
EXHIBIT "A"
-PAGE 3-
LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 47.25'4J."
WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 45.04'41" A DISTANCE OF 27.15 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL 4 HAS AN AREA OF 0.024 ACRE, MORE OR LESS.
PARCEL 5 - STREET DEDICATION (PORTION OF NELSON DRIVE)
THAT PORTION OF LOT 43 OF CITY OF POWAY TRACT 87-13 UNIT 1, PARKWAY
BUSINESS CENTRE, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8,
1990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID LOT 43, SAID POINT BEING ON THE NORTHERLY LINE AND EASTERLY
LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND NELSON DRIVE
RESPECTIVELY, AS DEDICATED PER SAID MAP NO. 12556, A LINE RADIAL
TO SAID CURVE BEARS SOUTH 2.21'00" WEST; THENCE ALONG SAID EASTERLY
LINE OF THE RIGHT-OF-WAY OF NELSON DRIVE, AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 45.04'41" A DISTANCE OF 27.15 FEET
TO THE TRUE POINT OF BEGINNING: A LINE RADIAL TO SAID CURVE THROUGH
SAID POINT BEARS SOUTH 47.25'41" WEST; THENCE CONTINUING ALONG SAID
EASTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 42.22' 17" A DISTANCE OF 25.51 FEET; THENCE CONTINUING
ALONG SAID EASTERLY LINE AND TANGENT TO SAID CURVE, NORTH 0.12'02"
WEST 10.09 FEET TO A POINT OF CUSP WITH A 34.50 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID
POINT BEARS SOUTH 89.47' 58" WEST: THENCE LEAVING SAID RIGHT-OF-WAY
OF NELSON DRIVE SOUTHEASTERLY AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 84.13'01" A DISTANCE OF 50.71 FEET;
THENCE NON-TANGENT TO SAID CURVE, NORTH 87.38'41" WEST 22.03 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 5 HAS AN AREA OF 0.004 ACRE, MORE OR LESS.
PARCEL 6 - GENERAL UTILITY EASEMENT (IN LOT 43)
THAT PORTION OF LOT 43 OF CITY OF POWAY TRACT 87-13 UNIT 1, PARKWAY
BUSINESS CENTRE, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8,
1990, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID LOT 43, SAID POINT BEING ON THE NORTHERLY LINE AND EASTERLY
--_._-"._"-_._-------_.-~._----~- ---_._._--_.~-,---"" -,---------- ----------- -------
886
eXHIBIT "A"
-PAGE 4-
LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND NELSON DRIVE,
RESPECTIVELY AS DEDICATED PER SAID MAP NO. 12556, A LINE RADIAL TO
SAID CURVE BEARS SOUTH 2'21'00" WEST; THENCE ALONG SAID
SOUTHWESTERLY LINE OF SAID LOT 43 AND SAID EASTERLY LINE OF THE
RIGHT-OF-WAY OF NELSON DRIVE, AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 87'26'58" A DISTANCE OF 52.66 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 0'12'02" WEST 10.09 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY OF NELSON DRIVE, NORTH 89'47'58"
EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
ON THE EASTERLY LINE OF THE EXISTING GENERAL UTILITY EASEMENT IN
SAID LOT 43 AS DEDICATED PER SAID MAP NO. 12556; THENCE ALONG SAID
EASTERLY LINE AND NORTHERLY LINE OF SAID GENERAL UTILITY EASEMENT:
SOUTH 0'12'02" EAST 10.09 FEET; NORTH 89'47'58" EAST 10.00 FEET TO
A POINT ON A NON-TANGENT 14.50 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS
SOUTH 89'47'58" WEST; SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 87'26'58" A DISTANCE OF 22.13 FEET;
TANGENT TO SAID CURVE, SOUTH 87'39'01" EAST 177.63 FEET; THENCE
LEAVING SAID NORTHERLY EASEMENT LINE, NORTH 84'25'03" WEST 179.18
FEET TO THE BEGINNING OF A TANGENT 14.50 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 84'13'01" A DISTANCE OF 21. 31 FEET;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 89'47'58" WEST 10.00 FEET
TO THE TRUE POINT OF BEGINNING,
SAID PARCEL 6 HAS AN AREA OF 0.026 ACRE, MORE OR LESS.
ALL ABUTTERS' RIGHTS OF ACCESS APPURTENANT TO LOTS 17 AND 43, IN
AND TO SOUTH POWAY PARKWAY, AS SHOWN ON EXHIBIT "B", ARE HEREBY
RELINQUISHED AND WAIVED.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
tlB", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION,
WERE PREPARED BY ME OR UNDER MY DIRECTION.
, -, ----,
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;' /~ -'-,'\.--L---~ 7- g- q/
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,/ JAMES (H, LO,NG, L:S. 5937
, LICENSE EXPIRES: 12-31-92
J# 5725-35
4-19-91
REVISED:
BPM
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