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Grant of Right-of-Way for City Street and Slopes 1996-0281380 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: ) )/ ~I 1517 ) I ': I ) \, ) ) ~JC U 1996-0281380 05-JUH-1996 09=57 AM OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER FEES: 0.00 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 Tax Parcel No. 278-301-05 (For Recorder's Use Onlv) GRANT OF RiGHT-OF-WAY FOR CITY STREET and SLOPES GARY K. FARBER and AMY M. FARBER. HUSBAND AND WIFE, AS JOINT TENANTS, (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 Exhibits A and B) The GRANTOR, hereby further grants to the City of Poway the privilege and right to extend drainage structures and excavation and embankment slopes within the limits of the herein described right-of-way and slope easement 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 therefore 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, growths (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 hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated thi s)-r1'ay of ;Lt ~ , ,19 9? '11lit IIID celti" IAt the iRtImlla ItII property GOO. "'tllldeedllfanatdatodS-;l.'1-'i~ "'"" G..r,!<' fevrba.- D-.." P<"'1 rn. F"-l'"b.... inllletilJ 01 ~OllIJ, e politiCII ClIIJlOfIlion I1ld/or ",menllIllC8IlCJ is hereby eccepted by the undelsigned officer or _ llIlbe- hili 01 the City Council pursuant III autItority CQllIened .., Resolution No, 34 edopled on JlRuary 20. 1981 end tile ereRtee _Is III rec:onIItion tIIeIeol by its duly eullIorizId officer. ~ ~.. 94",,- ~rn,'~_ liens\rowhv.frb (Signatures must be notarized) OIled: 5 -J-"i -'\ .... IlJ ?V~-t;... CALIFORNIA ALL.PURPO$.: ACKNOWLEDGMENT No. 5907 ~~~ County of ~ ,IJ)-f i?r On /)n "# ,;;( LJ, Jf?~ before me, I Y / DA,tF- NAME, TITLE QF QFFICEA G 'JAN personally appeared '}1.~jW 1:' ~ (k,.,.u, ~, ':::t~ , ~ ~ NAME(S)OFSI~R(S) o personally known to me - OR - ~ proved to me on the basis of satisfacto~id~ to be the persor@whose nam~ is ar subscribed to the within instrument and ac- knowledged to me that he/she he executed the same in his/her/ eir authorized capacit~ and that by his/her/t~ signature~n the instrument the persor@ or the ~tity upon behalf of which the perso~cted, executed the instrument. State of 1518 r - -'~ - ~ ~~~ - - -i - @ CCMM.#1G.19>>1 ~ ~ ,'.'- NoIav~-~ ~ Z IANIllEGOCOUNlY- J~ ~ ~ ~~~~~~21~1~ ~( WITNESS my hand and official seal. ~ f ' '~QA'"~./A1, SIGNATUAE NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER o INOIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) TITLE OR TYPE OF DOCUMENT o PARTNER(S) o L1MITEO o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(rES} SIGNER(S) OTHER THAN NAMEO ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 1 2 3 4 5 6 That portion of the South Half of the Southeast Quarter of Section 32, Township 13 South, 7 Range 1 West, San Bemardino Meridian, in the City of Poway, County of San Diego, Sate of 8 Califomia, conveyed to Gary K. and Amy M. Farber by deed recorded February 2,1987 as 9 Document No. 87-058013, more particularly described as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 EXHIBIT A 1519 LEGAL DESCRIPTION An Easement for Public Road Purposes in, on, over, under, and across that portion of said Farber land lying Northerly and Northwesterly of the following described line: Beginning at a point on the existing Southerly right of way line of Eastvale Road (35.00 feet wide), said point being North 89012'05" West, as measured along said existing right of way line, a distance of 26.26 feet from the intersection of said existing right of way line with the Easterly line of said Farber land; Thence leaving said existing right of way line, South 67048'07" West a distance of 27.29 feet to the beginning of a curve concave Northerly and having a radius of 182,00 feet; Thence Westerly along said curve through a central angle of 16037'41" an arc distance of 52.82 feet; Thence South 84025'49" West a distance of 86.03 feet; Thence South 80018'38" West a distance of 14.60 feet; Thence South 84039'46" West a distance of 14.03 feet to a point on said existing Southerly right of way line of Eastvale Road, and the terminus of this line description. EXCEPTING therefrom that portion lying within existing public road right of way. Containing 3007 sq. f1., more or less, Attached hereto and, made a part of this legal is a plat designated as Exhibit B. This legal description ; was prepared by me, or under my supervision on December 22,1995. 4JJJ ~ ~ c:w Michael L. Foreman, PLS. 5778 Page 1 of 1 Farber 278-301-05 . m . ~ I >< W 0 ... II . - ( * W ...J <( () if) r---- 22 :J<( -' ~ -,0:: . 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