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Grant of Right-of-Way for City Street and Slopes 1996-0133178 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWA Y P.O. BOX 789 POWAY, CA 92074 Tax Parcel No. 321-012- 57 ) ) ) ) l" 1302 )\ ) ) ) DUL n 1996-0133178 19-MAR-1996 08:56 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER FEES: 0.00 NA (For Recorder's Use Onlv) GRANT Of RIGHT-Of-WAY FOR CITY STREET and SLOPES ['-,::,:"'C'r-ARYTRANSFERTAX$ ~ ZOLTAN PETRO and SAROLTA PETRO. HUSBAND AND WIFE AS TRUSTEES OF THE PETRO FAMILY TRUST. (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 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 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. . litis It tII certilJ tlllt tilt iatIreIt ia .... property ranr.'JId !If !hi dted or I/IlIl da~:S -r).~jl. lroIn t.'I+a~. Ti-tr" vv-~ 5"""11,- '-ve1" .'i,.....S..lW, IntlltCtlf 01 ~" a polit::a1 CGfIlOIIlion and/or ~a,mentall&lllCY is hnby accepted by the undet'signed ollicef or llIllnt on be- hall 01 the City Council pursuant to authority COAIaIJtd lit RlIlIllutlon No, 34 adopted on January 20. 1981 and tile ...... consents tII recordation tIIeJtol by ils 411lJ lIUlIrorilId officer. is 1L-day of 1~,19.i..J,.. ~ IIoIM: ~H& -'1 I., ----l iens\rownv,pet llJ )n~k -k' /U~ L_ I \ ...... ~ '" (Signatures must be notarized) \ '--....J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of r1A../i ~ \ "v., County of ~fub D , On M~ I 2, I 'fCf G-? before me" l1.1V"l perS~nallY appea:'-z..o l-kV\ Pe trb Nam aodTIll ;;rD'C"' Name(s} of Signer(s) 8 ~smsRall) ItRB..R I. mo OR .:.V(PrOved to me on the basis of sjltisfactory evidence to be the person(s) r whose name(s)~re subscribed to the within instrument and acknowledged to me that ~they executed the same in ~heir authorized capacity(ies), and that by ~~ir signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. 1303 c... WITNESS my hand and official seal. C?t.,J1.~________ U'if 8;'0"'" of Nola~ P,bl;, 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. .II. .II. ... .... ... ... .II. ... SHARIITO "1 z ~ Description of Attached Document Title or Type of Document: G-ra* of- Document Date: Ii'. ~ R-l~f[J7 Number of Pages: L--( Signer(s) Other Than Named Above: .....J\ ~ Capacity(ies) Claimed by Signer(s) Signer's Name: 20 l k Pehz:, Signer's Name: ~ t ~ Pe../-rb 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: C 1994 National Notary Association. 6236 Remmel Ave., P,O. Box 7184. Canoga Park, CA 91309.7184 Prod, No. 5907 Reorder: Calt Toll-Free 1-800-876-6827 1 2 3 4 5 6 Those portions of Lot 2 of Section 6, Township 14 South, Range 1 West, San Bernardino 7 Meridian, in the City of Poway, County of San Diego, Sate of California, conveyed to Zoltan 8 and Sarolta Petro by deed recorded May 5, 1995 as Document No. 95-0192125, more 9 particularly described as follows: 10 11 12 13 I4 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 3I 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A 1304 LEGAL DESCRIPTION PARCEL 1 An Easement for Public Road purposes in, on, over, under, and across that portion of said Petro lying Souther1y and Southeasterly of the following described line: Beginning at a point on the Souther1y line of said Petro land, said line also being the existing Norther1y right of way line of High Valley Road (40.00 feet wide) , said point being North 82009'36" East, as measured along said existing right of way, a distance of 22.25 feet from the Southwester1y comer of said Petro land, said point also being the beginning of a tangent curve concave Northwesterly and having a radius of 100.00 feet; Thence leaving said existing right of way line Northeaster1y along said curve through a central angle of 19038'23" an arc distance of 34.28 feet; Thence North 62031'13" East a distance of 17.31 feet to the beginning of a curve concave Northwester1y and having a radius of 200 feet; Thence Northeasterly along said curve through a central angle of 08045'47" an arc distance of 30.59 feet to the existing right of way line of said High Valley Road, and the terminus of this line description. Containing 157 Sq. Ft., more or less. PARCEL 2 An Easement for slope purposes in, on, over, under, and across that portion of said Petro land lying Southerly and southeasterly of the following dee-;ribed line: Begini ling at a point on the Wester1y line of said Petro land, 3aid point being North 24027'48" West, as measured along said Wester1y line, a distance of 2.35 feet from the Southwesterly comer of said Petro land; Thence North 81021'16" East a distance of 17.07 feet; Thence North 70036'49" East a distance of 34.12 feet; Page 1 of 2 Pelro 321-012-57 l' Thence North 65016'17" East a distance of 9.16 feet; 2 3 4 5 6 7 8 9 IO II 12 I3 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1305 Thence North 56009'51" East a distance of 34.94 feet; Thence North 56043'53" East a distance of 63.70 feet; Thence North 53001'48" East a distance of 16.60 feet; Thence North 59042'48" East a distance of 10.79 feet; Thence North 69006'46" East a distance of 5.35 feet; Thence North 53053'43" East a distance of 23.39 feet and the terminus of this line description. EXCEPTING therefrom that portion lying within Parcel 1 hereinabove described. Containing 1037 sq. ft, 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 February 28,1996. Michael L. Foreman, P.L.S. 5778 Page 2 of 2 Petro 321-012-57 -- \ ~.\ ~1II ~\ --0 1306 ~. <'),~ : !"I ~\ ~~ z ~('..<. "0 '" ~~ ~9 \ ':\\ ... N b]~ \ z~ --! ~ .. co ~ \ ... ~::a !,>CO: "'J> '" OZ\ "!::E ~.. "'0 -- "''-' . "'''' t~ \ N ' \~-~ --0 '0 ;1. '<s) , --0 ;. ~ ~ ~ '<b (' "" --<), \ 0 /' > ..7 >~ > ~ \7 '" '" -6~ 0') " '" '" > > '0-"" .( "0 "0 0 0 > > '" '" v \ () () ~o " ..,'" /' '" '" "'''' ....~ 0"1. r r Oz \ >0 ~ '" '" O-i ~ II II ",'" m 0 ~ >1/) >< '" ..., 1/)"0 ..., "'> " ::t I/) ;::'" I/) p "'() 0.. m p Z'" ." -ir ~ =J ." -i ~ :-< f+. ~ . H- m r l}l . 0 1J'1.- ,. ;;I 0 '..r.~ ::;; 1.- V'.<9a '" Z .0", oS' <S'. ~ -;::, fTl '<$~.)- '&>. CD ^' -- .., () ~ U'. 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