Grant of Street Right-of-Way 1996-0199466
2069
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
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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~
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(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
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:C@'('COMM.#ll139231li:
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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-
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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.
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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~
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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
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