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Grant of Street Right-of-Way 1996-0199466 2069 --.. AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 , , \ i ',' DOC" 1996-0199466 23-APR-1996 08=51 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: O. 00 RECORDING REQUESTED BY: CITY OF POWAY APN 32I-012-50 GRANT Of STREET RIGHT-Of-WAY (ESPOLA ROAD) KATHERINE L. GIBBS, as successor Trustee under a Declaration of Trust dated January 1992, (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, 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 Ci ty 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 wri tten 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 buil di ng materi a 1 s with in 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 sa i d street. Dated this ~ day of 197~ ----- (Sig atures must e notarize. Notary orm attached) 2070 CALIFORNIA ALL.PURPOS.: ACKNOWLEDGMENT (Pdf::'U-'~ County of J.............~Ar on?lt~ 0<&)9f-6 before me, Dale I, l' Name and Title of Office (e.g., ana Doe, Notary personally appeared.Y~ r::X!: ~k Name(s) ofSigner(s) D personally known to me - OR - j,{ proved to me on the basis of satisfactory evidence to be the perso~ 1'\ I whose name~re subscribed to the within instrument and acknowled\ted to me that t\Qfshe/ft!e\l executed the same i~ hio/her/tl'leiJ:.!sthorized capacity~, and that py ~/her/t~ignature on the instrument the ~erson(S);--.. or the entity upon beha f of which the person~ acted, executed the instrument. State of f J~. . ~>:~ ~ ~ ~~~ . ~ "I :C@'('COMM.#ll139231li: z ; · Not"", ........ - CaIfomIa ~ z , SAN DIEGO COUNIV - j , My Comm. &/lIIw sa> 21.199ll ( ~ ~ - - ~ - - - - ~ ~ - . - WITNESS my hand and official seal. (~ '//JOt..r' ~~ Signature of Nota ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of A"ached Document Title or Type of Document: jj~l~ ~r ~ 7lva..y Document Date: /rJ ~ ;;:z b ,J 9' 7-6" Number of Pages:-7- /' Signer(s) Other Than Named Above: 0- ~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney,in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: Cl1994 National Notary Association. 6236 RemmetAve., P.O. Box 7164. Canoga Park, CA 91309-7164 Prod. No.S9Q7 Reorder: Call Toll-Free 1-SOO.S76-6827 2071 LEGAL DESCRIPTION STREET RIGHT-OF-WAY DEDICATION (ESPOLA ROAD) That port i on of Lot 3 of Sect i on 6, Townshi p 14 South, Range I West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to United States Government Survey approved February 24, 1876, described as follows: Commencing at a point in the North line of said Lot 3, that is North 89054'22" East 546.20 feet di stant from the Northwest corner of sai d Lot 3, bei ng the Northeast corner of that land described in deed to Donald L. Gregory, et ux, recorded June 9, I967 as File No. 82379; thence South 12059'11" East, along the Easterly line of said land, 349.18 feet; thence South 81039'59" East 159.39 feet to the Westerly right-of-way line of Espola Road as established as of the date of this instrument, being the TRUE POINT OF BEGINNING; said point being also on the arc of a 1030.00-foot radius curve concave Easterly, a radial to said point bears South 85015'43" West; thence Northerly along said Westerly right-of-way line through a central angle of 12000'47" an arc distance of 2I5.96 feet; thence continuing along said right-of-way line North rI6'30" East 149.47 feet; thence leaving said right-of-way line South 89054'22" West 17.00 feet to a point on the arc of an I800.00-foot radius curve concave Easterly, a radial to said point bears North 82022'19" West; thence Southerly along the arc of said curve through a central angle of 11034'52" an arc distance of 363.83 feet; thence South 81039'59" East 5.00 feet to the TRUE POINT OF BEGINNING. ~w mR. "" ""3 ~~ ,~ ~ ~\t; tt... ~ ~ ~ ~ ~ ~ 2)72 S8'l'54'z2Kt'./ 2.1-2.87' 2QO.IZ' , 17. tJo STREET RIGHT-OF-WAY DEDICATION , II:l ~ <:i- 't '" '" /port OIF lOT J 5lIEC, (S, T~ ~51u ~ ~ W, 51I8I8M (APN 321-012-50) 154.30/1 .s 81 ':39's'1'~ * llJ ~ \I) !;\j ~ ,l.l) /" ~ ~/~ .'<\ , ~ ~ II \\J , . \J t-. \J j. ~ '> II of;) ~ ~ --. " '" , ~ ~ . l\( sot" , " ' '1-, It, liI .1'<) ~ ~ f,iJ(' 'Y) " ,ll1 , ~'~ ~ . r-.. ~ ~Z"'f-330"w (~ - -- o ~~ ~ cr: l\j I" '-l <( ~ -J ~ 0 ~ a.. ~ C/) ~ W 11 '" , ~ ~ II l:( I \ s~'qff'Y.Y) ;;5.1!L~1{l.) se1!.ff!~' ~ - /90, 2/ ' TP013 STREET RIGHT-OF-WAY DEDICATION - ESPOLA ROAD IN PORTION OF LOT 3, SEC. 6. T14S. R1W. SBBM EXHIBIT PLAT 2073 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated ~n,j... 0.1.,1'1'110 from _Vt~-\l---e-,.-\f'e. L, G,", \;>b'> to the City of Poway, a pol itical corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981 and the grantee consents to recordation thereof by its duly authorized officer. Dated: ~v.,\ a-~\\<j~1" By: ~L ~ AJ~ \ Mar~orie K. Wahlsten, City Clerk ""--, 2074 TRUST CERTIFICATION The undersigned Trustee declares as follows: 1. That attached hereto and incorporated herein by reference as though fully set forth, are true and correct copies of the First Page, Powers Clauses, and Signature Pages of a DECLARATION OF TRUST dated January, 1992. The attached pages do not constitute a complete copy of the TRUST. The pages containing information confidential to the Trustors have been excluded. 2. The original Trustors were M. L. GIBBS and KATHERINE L. GIBBS. M. L. GIBBS is now deceased, and the acting Trustee is KATHERINE L. GIBBS. 3. The Trust containing these pages is for the benefit of KATHERINE L. GIBBS. 4. The Trust identification number is /1'0 ~ J. r/- ~ 0/:)- /. 5. The Trust assets should be vested as follows: KATHERINE L. GIBBS, Trustee under Declaration of Trust dated January, 1992. 6. The Trust has not been revoked, modified, or amended in any manner which would cause the representations contained in this Certificate of Trust to be incorrect, and is signed by all of the currently acting Trustees of the Trust. I certify under penalty of perjury under the laws of the State of California that the foregoing i~true and correct and that this Certification is executed on -/~c..-r...(...2~ -f!t; 1996. ~~~- KATH E L. GI BS-:, rustee 2075 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO on7~ a c , 1996, before me, the undersigned, a Notary Publ~c ~n and for said County and State, personally appeared KATHERINE L. GIBBS, "1Iel!'s:!.All} Itll_.... ~a ilia or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. , , t~x- "-;;r}( Of-<"' Cif-- e:.-V Notary Public for sa~ County and State . ~ .'. - ~ A ~ * R ~ - - -f t (i" ..,:, ", VIVIAN MACZIS _ ./ ",,'~. " CQMM, #1ll39231 ! ~ ; ":0',' '. Notary P\bAc - California _ z '~" ~' SAN DIEGO COUNTY L ~:". .. ~ C~",:,' :"'.:es.SE: 21~1~ .. (