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Grant of Easement Roadway 1990-551514 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) 68 90 -5151~ .. <-- 90 .5}j SJ4 . >.);''.'ULd IN ! - n:~!~~~P2?h f IGGP rrT -9 AU I" 28 <......u Vv: hl':i' ~ VEHA L LYLE COUNT Y RECORDEH NO,. This space for Recorder's use GRANT OF EASEMENT (ROADWAY) Ross Rizzo (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: (See Attached Legal Description and Exhibit Plat) 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 Grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes andfor drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support andfor drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor hereby further grants to Grantee all trees, growths (growin9 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 roadway. The Grantor, for himiherself, hisfher successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said roadway. I ;U{ ~dt: Dated this 3 fa day of This is to certify that the interest In real PIOperty conveyed by the deed o! grant dated 1I-31-'jo IT,... 1<05'> Ri%..... t t' C'ty o lIe I of Poway. 0 politital ccrpor~~jon l'nd/oi gO'Jcmmental agency is herell}' eccel'lted by t~c ',:,/ -~~::iZ"'(!d CW:-'';f 'Jr t!i:~';I~ C-~1 bn- half of th! City CoiiIiCi! ~t;r.;.::mt to a'!:i~!oriQt f..'3;,fured JrJ ~8!ry!".;on No. 34 adopted on Jar.e,ry 2~, 1081 and tha ,"".~a consents to recordation thereof by its duly authorized dfi,;er. Dated: 10- !,-'1o (Signatures must be attached. ) ~-t.. Notary form IIy notarized. 69 r, STATE OF......................................... } County of..... ..... ............ ........... ...... .... 55 PARTNERSHIP FORM On this.... ...........day of...........................A.D.. 19.......before me,.. ........ ........... .... ...... ........,. .... ................. ..... s Notary Public in and for the said County and State. residing therein, duly commissioned and sworn, personally appeared...... .................................................................................... known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. lilt Witnrs5 ID~rrrof. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State. GENERAL FORM STATE OF.......CAU:o:FOJllilA............... County of.........Sl!Jf... .lE:GJ}................. } ss On this....;us.I........day of.....AV.GJ.J:iI............A.D.. 1<Jt.9.... before me......fAIHsR~.~.~..M:..~.L......................... . Notary Public in and for the said County and State, residing therein. duly commissioned and sworn, personally 'appeared...... ROSS RIZZO ..................................................................................................................................................................... personally known to me to be the person......whose name...........I.~..............subscribcd to the within Instrument. and duly acknowledged to me that..........he..........executed the same. In Witness IDurreof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OFFICIAL SEAL CATHERINE lACY NOTARY PUBLIC . CAL~ORNIA SAN DIEGO COUNTY Comm. Expires May 13. 1994 ...............~d!:~~~.~:~r.................. Notary Public in and for said County and State. CORPORATION FORM STATE OF.....................................,... } County or........................................... 5S On this....................day oc..............................A.D.. 19....... before me.............................................................. a Notary Public in and for the said County and State. residing therein. duly commissione~ and swom. personally appeared....... ...................................... ................. ....... .................................kno'NTl Lo me to be the... .............. ............ President and.......................................................................................... known to me to be the..............................Secretary o!'the............................................................................................................................................................... the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation therein named. and acknowledged to me that such Corporation executed the same. 3Jn WilnrS5 UJIJrrrof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State. 70 EXHIBIT "A" A PORTION OF PARCEL 2 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 10710, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 20, 1980, AS FILE NO. 80-392006, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2, SAID POINT IS ON A 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 31048'28" EAST; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62049'01" A DISTANCE OF 548.18 FEET TO A POINT OF CUSP ON A 76.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT, PER 76.00 FOOT RADIUS CURVE, BEARS NORTH 41022' 08" WEST; THENCE AWAY FROM SAID SOUTHERLY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94035' 24" A DISTANCE OF 125.47 FEET TO A POINT OF REVERSE CURVATURE ON A 42.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 53013'16" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38000'24" A DISTANCE OF 27.86 FEET TO A POINT OF COMPOUND CURVATURE ON A 472.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 15012'52" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49003' 12" A DISTANCE OF 404.10 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE SOUTH 1012'55" EAST, 32.87 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 2 AND THE POINT OF COMMENCEMENT. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. f2.I~. ~~ ROLLIE H. MAGBOO R.C.E. 23943 EXPIRES 12-31-93 MNLEGALS\8824DED September 11, 1990