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Grant of Right-of-Way for City Street and Drainage 1996-0146706 RECORDING REQUESTED BY: ) ) CITY OF POWAY ) ) WHEN RECORDED RETURN TO: ) ) CITY CLERK ) CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92074 ) Tax Parcel No. 278-180-43 UuC " 1996-0146706 26-MAR-1996 09=03 AM 2138 OFFICIAL RECORDS SAN DIEGD COUNTY RECOROER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: O. 00 NA e- (For Recorder's Use Onlv)" GRANT OF RIGHT-OF-WAY FOR CITY STREET and DRAINAGE CONNIE L. STAPLETON. a Married Woman as Her Sole & Seoarate Prooertv, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hel'einafter "GRANTEE"), its successors, or assigns, the right-of-way and drainage easement 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 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 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. 11I11 1I1II ceIlily tllat the interest in l81li property r.'ln,;;,yed by tilt deed Of lTant dated '>, n ..<j /. from c", hh i e. L s,hc fIe -t 0.... IQ the CiI~ 01 ~OWIY, I pol~::a1 corporation and/or """,mental agency is hereby accepted by the undenigned officer or qent on be- hall 01 the C~I 0.1""'1 ",ursuant to IUthority COltfen-ed &/ Resolution No, ,,' ;";,piGd on January 20, 1981 lAd the (llnlle consents to racordation lheraof by its lIuly llIlIIoriza. ollicer, Dated this dO day of /lI~ ,19~ 'Kid)/! n--U j, ,;:2I~V'-- (Signatures must be notarized) Datad: .6- ;;l. s - '11< Ily 'n,~~ t:' i\)C0->l-t \ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 2139 State of (' ~ County of dtf- ~ On /J1~ Old/" /9f'b before me, Dale ' -(' , C- al'/re.. Name and Tille of Officer (e.g., "Jane Doe. Notary Public") personally appearedGAiAJ/l"" S'T/Ij',{anAi ~e,.;JtJe y 1I.tJ1, ('"Ai"v)e S'ro//"-n,,J / Name(s) of Signer(s) o personally known to me - OR - ~Oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~-~il"J1'~"W1""Jrt~"~'*" I f@"'OFFICIALSEAL ,.... T, C, V!ILKE ~', . NOTARY PUBUC.CAUFORNI~ . ~ . . COMM, NO. 1047835 -' l SAN DIEGO COUNTY I .' ~Y_COMM. EXP. DEC. 26, 199! WITNE~~y ~a~zal. Signature of Notary Public 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 Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s} Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s}: o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: @1994National Notary Association. 8236 RammetAva., P.O. Box 7184. Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1.800.876-8827 2140 EXHIBIT A 1 2 3 4 5 6 Those portions of the Southeast one-quarter of the Southwest one-quarter and the Southwest 7 one-quarter of the Southeast one-quarter of Section 32, Township 13 South, Range 1 West, 8 San Bernardino Meridian, in the City of Poway, County of San Diego, Sate of California, 9 conveyed to Connie Stapleton Kenney by deed recorded March 30, 1988 as Document No. 10 88-143004, more particularly described as follows: 11 12 13 14 15 16 17 18 I9 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 LEGAL DESCRIPTION PARCEL 1 An Easement for public road purposes in, on, over, under, and across that portion of said Kenney land lying Northerly of the following described line: Beginning at a point on the Westerly line of said Kenney land, said point being South 03047'26" West, as measured along said Westerly line, a distance of 21,53 feet from the Northwesterly corner of said Kenney land; Thence south 89009'34" East a distance of 2.65 feet to the beginning of a curve concave Southerly and having a radius of 498.00 feet; Thence Easterly along said curve through a central angle of 02043'16" an arc distance of 23.65 feet; Thence South 86026'18" East a distance of 39.61 feet to the beginning of a curve concave Southerly and having a radius of 448.00 feet; Thence Easterly along said curve through a central angle of 11042'47" an arc distance of 91.59 feet to the existing Southwesterly line of Eastvale Road (40.00 feet wide) . EXCEPTING therefrom any portion lying within existing roadway easement. Containing 1210 sq. ft., more or less. PARCEL 2 An Easement for public road purposes in, on, over, under, and across that portion of said Kenney land lying Northeasterly of the following described line: Beginning at a point on the Southeasterly line of said Kenney land, said point being the intersection of said Southeasterly line with the existing Westerly right of way line of Eastvale road (40.00 feet wide); Page 1 of2 Kenney 278-180-43 2141 1 Thence North 00018'25" East along said existing right of way a distance of x.xx feet to the 2 point of beginning of a non-tangent curve concave Southwesterly and having a radius of 74.00 3 feet, a radial line bears North 67021'17" East, said point being the TRUE POINT OF 4 BEGINNING; 5 6 7 8 9 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 Thence Northwester1y along said curve through a central angle of 18040'14" an arc distance of 24.11 feet to a point hereinafter referred to as Point "A"; Thence continuing along said curve through a central angle of 18013'39" an arc distance of 23.54 feet; Thence North 59032'36" West a distance of 76.44 feet to Southwesterly right of way of said Eastvale Road and the terminus of this line description. EXCEPTING therefrom any portion lying within existing roadway easement Containing 696 sq. ft., more or less PARCEL 3 An Easement for Drainage purposes in, on, over, under, and across that portion of said Kenney land described as follows: A strip of and 20.00 feet wide lying 10.00 feet on each side of the following described line: Beginning at Point "A" hereinabove described in Parcel 2; Thence South 48041'03" West a distance of 12.82 feet and the terminus of this center1ine description. The sidelines of hereinabove described Parcel 3 shall terminate Northeasterly in the Southwester1y line of hereinabove described Parcel 2, Southwester1y at right angles to said center1ine. containing 252 sq. ft., more or less. Attached hereto and made a part of this legal is a plat designated as Exhibit B. Page 2 of2 Kenney 278-180-43 . CD . I::: CD J: >< W 0 CD II , - c * w -' <( 0 Vl / / I~" / / ~ / I.::..)~ // t; / J / / / / / / w o Z <( -' >- !il z w ><: '" ,N ,... " n~f'<) ou'! 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