Grant of Easement Roadway 2008-0317036
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, . 2008-0317036
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RECORDING REQUESTED BY ) JUN 12, 2008 11 47 AM
CITY OFPOWAY ) DFFICIAL FlECOFi[l:.
WHEN RECORDED RETURN TO ) ':,.011 DIEGn CUUI'IT', F:ECDROEF:", DfFWE
1'1J,> ) r1F:EGClFi'l .1 Sl",jITH cout'lTI F:ECOR[IEF:
CITY CLERK ) FEE", 0.00
Sp OC lip
CITY OF POWAY ) PAGES: 8
ooJR POBOX 789 )
Nr POWAY, CA 92074 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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Wd (rtJ.HoUr/M') ~~e ) (This space For Recorder's use )
Parcel No 278-450,27
GRANT OF EASEMENT
lnROADW~Y1
No Doell entary r nsfer Tax Due
Powav Unified School District (hereinafter "GRANTOR") hereby grants to CITY OF POWAY,
(hereinafter "GRANTEE"), its successors, or assigns, the right-of-way and incidents thereto for a public
roadway 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 embankmerit slopes beyond the limits of the herein described right-of-
way where required for the construction and maintenance of said City roadway 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 ofthe 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
roadway
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 roadway
Dated this 27 day of May ,2008
Superintendent
(Sig atures must be notarized)
J
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" . .
.
CALIFORNIA, ALl.PURPOSE ACKNOWLEDGMENT
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State of California }
County of S/J,{} })/t: 5{)
On \Jc;J)t5 6. dCoJ' before me, ,\},1 ,U7)J3,1 L &I?LY~,(}, AJCl7//ey !?t!5tJ?:--
Date Here Insert Name and Hie of the QHicer
personally appeared VtJfl AI I f(}rL/,u:;;,
Name(s) of Signer{s)
who proved to me on the basis of satisfactory evidence to
be the person(s)' whose name(<;) is/are subscribed to the
within instrument and acknowledged to me that
he/stle/they executed the same in his/her/tl:leir authorized
capacity(i987, and that' by his/hBr/thw.signature(s) on the
instrument the person(s)-; or the entity upon behalf of
which the person(s-) acted, executed the instrument.
.1 ~ SANDRA L CAAlYOH ~ I certify under PENALTY OF PERJURY under the laws
~ Comm, # 1569116 III of the State of California that the foregoing paragraph is
,. NOIIRlPulUC,OOOlHll true and correct.
~ Sal~'i'C"",,-
My Convn, EJpies M~ 12, lOO! i'
WITNESS my hand and official seal.
Signature ~ y ('0 rJ
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information belowis 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: &!,e A/IJ 7 o,.c b/lSr/11E,() / r*b/fZJ ((J/!V)
Document Date: /lJ A '/ en, a7t'o j' Number of Pages: CJZI1AJj 2)~c. : / I'AYG
Signer(s) Other Than Named Above: AJ!) jJ 15 &,x II/b / / I"} . / f'1I?6
E X If /13 /7' 15 : :3 PJ'T~t-:5
Capacity(ies) Claimed by Signer(s) &'/1/;'D .('&S/I,t/ 7/tI,() , / jJ//?F
-----
Signer's Name: iJd 1/ AJ P (lOCO,vS Signer's Name: 6 fJflr;~
D Individual D Individual
D Corporate Officer - Title(s): D Corporate Officer - Title(s):
o Partner - 0 Limited 0 General D Partner - D Limited D General
D Attorney in Fact D Attorney in Fact Top 6t thumb here
D Trustee D Trustee
o Guardian or Conservator o Guardian or Conservator
~ Other' 7)gPa 7' V D Other'
S i/ 1'6Jf! /,{} TCtU};>&tU 7
Sig er Is Representing: Signer Is Representing:
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. .
EXHIBIT "A"
LEGAL DESCRIPTION
OF EASEMENT FOR PUBLIC ROADWAY PURPOSES
VESTING, POW A Y UNIFIED SCHOOL DISTRICT
APN 278,450-27
BEING A PORTION OF THE EASTERLY HALF OF THE WESTERLY HALF OF SECTION 31,
TOWNSHIP 13 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE US
GOVERNMENT SURVEY THEREOF APPROVED SEPTEMBER 21 1875, DESCRIBED IN DEED TO
ESCONDIDO UNION SCHooL DISTRICT OF SAN DIEGO COUNTY RECORDED IN BOOK 8050,
PAGE 516 OF OFFICIAL RECORDS OF SAID COUNTY MORE PARTICULARL Y DESCRIBED AS
FOLLOWS
BEGINNING AT THE WESTERLY TERMINUS OF THAT 25-FOOT RADIUS CURVE AS
DESCRIBED IN PARCEL 64116-B,DEED OF DEDICATION, RECORDED JULY 7, 1964, AS FILE
NO 122058 OF OFFICIAL RECORDS, THENCE NORTH 42'57' I?" EAST 31,63 FEET TO A POINT,
SAID POINT BEING ON A LINE 3,35 FEET WESTERLY OF, MEASURED PERPENDICULARLY,
AND PARALLEL WITH THE WESTERLy LTNE OF PARCEL 64//6,A, AS DESCR1I3ED IN SAID
DEED OF DEDICATION: THENCENORTHERL Y ALONG SAID PARALLEL LINE, NORTH
01 '18'33" WEST 125,04 FEET, THENCE DEPARTING SAID PARALLEL LINE NORTH 06'09'10"
EA'S'(2596 FEET; M0RE OR LESS, TO THESAID WESTERLY LINE OF PARCEL 64116,A,
THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 01'18'33" EAST 148.43 FEET,
SAID POINT BETNG THE NORTHERLY TERMINUS OF SAID 25-FOOT RADIUS CURVE, SAID
POINT ALSO BEING A POINT OF TANGENCY WITH SAID WESTERLY LINE OF PARCEL 64116-
A, THENCE SOUTHWESTERL Y ALONG SAID CURVE 39 71 FEET THROUGH I\.N ANGLE OF
91'01 '07" TO THE POINT OF BEGINNING,
CONTAINING 657.20 SQUARE FEET MORE OR LESS,
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "13"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
~~/ 3;0 d ~6
FRANK CASTELENETO, RCE 27,748 DATE
"
I EXHIBIT "B" I /
TIE-LINE I
ESPOLA ROAD N 59'15'06" W
151.53 FT
FOUND NAIL AND TAG RCE 2***2 /
(* DENOTES UNREADABLE NUMBER)
- FOUND 3/4 INCH DIA. IRON PIPE
- - W/ PLASTIC CAP LS 4539 /
----- - -
- - -
- -
r-' .1 = 06'34'25" "
R = 1056;08'
0 L = 12117' \
>-3 CHORD 12,1 09'
0) CHD BRG N 06'23'02" E /
0 (RECORD INFORMATION NORTH
PER MAP NO. 12044) SCALE. 1 "=20' ~--i
LOT 61 )>--i
-<)>
MAP NO. I ~
12044 G')m
I :::00
I Om
LEGEND <z
m
rYx'X1 AREA OF RIGHT-OF-WAY EASEMENT
657,20 SQUARE FEET (0,015 AC)
0 FOUND MONUMENT AS NOTED
--- EXISTING RIGHT-OF-WAY LINE CITY OF POWAY
EXISTING PROPERTY LINE
CHD BRG CHORD BEARING MEASUREMENT VESTING POWAY UNIFIED SCHOOL DISTRICT
DATE, FEBRUARY 27, 2008 SHEET 1 OF 2
-
APN ~?8-450-27 I EXHIBIT "B"I
N 42'57'17" E
3163' 3,35'
N 06'09'10" E
N 01'18'33" W 125.04' 25,96'
S 01'18'33" E 148.43' I
II = 91"01'07"
R = 25,00' -
L = 39.71' I
CHORD 35.67' NORTH
CHD BRG.s 44'12'01" W SCALE, 1 "=20'
ESPOLA ROAD
TIE -LINE
N 59'15'06" W
151.53' LEGEND
- AREA OF RIGHT~OF-WAY EASEMENT
a r><x"x1 657.20 SQUARE FEET (0.015 AC)
!Jl
-
a 0 FOUND MONUMENT AS NOTED
21
- - - - EXISTING RIGHT-OF-WAY LINE
, EXISTING PROPERTY LINE
:;E-l CHD BRG CHORD BEARING MEASUREMENT
~~
-<Z
~ CITY OF POWA Y
;::om
00
<m VESTING. POWAY UNIFIED SCHOOL DISTRICT
mZ
- - -
- -
~
/ DATE. FEBRUARY 27,2008 SHEET 2 OF 2
/
NOTES
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-
. Poway Unified School District .
~ESOLUTION NO. 67-2008
DEDICATION OF AN EASEMENT TO THE CITY OF POWAY
AT POWAY HIGH SCHOOL
ON MOTION, of Member Jeff Mangum . seconded by
Member Penny Ranftle , the following Resolution is adopted;
WHEREAS, the Board of Education on April 28, 2008, adopted a Resolution of Intention to Dedicate
an Easement to the City of Poway to add a designated right turn ,lane on Espola Road southbound,
together with the 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 roadway at the poway High School site, and the right to eiiminate such slopes and/or drainage
structures if first approved in writing by the City Engineer, and more particularly described in Exhibits "Au
and "8"; and
WHEREAS, the said resolution provided that a Pubiic Hearing on the question of making such
dedication be held by this Board at Morning Creek Elementary School, 10925 Morning Creek Drive South,
San Diego, California, on May 27, 2008; 'at 6:00 p.m" at which time and place all persons interested therein
might appear and show cause why said dedication should not be made; and
WHEREAS, notice of the adoption of said Resolution of Intention was duly given as provided by
law, ali of which appears by the affidavits of posting and publication on file in the office of this Board; and
WHEREAS, this Board formallY convened at the time and place set forth in sai,d Resolution of
Intention, and no person appeared to object to or protest, either verbally or in writing, against the
dedication of the easement described in said Resolution; and
WHEREAS, in the judgment of the Board it is expedient and for the best interests of this District
that said dedication be made;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Governing Board of the Poway
Unified Schooi District of San Dieg() ~6unty, California, that an interest in real property for the purposes
described in the Resolution of Intention adopted by this Board on April 28, 2008, is hereby dedicated to the
City
BE IT FURTHER RESOLVED AND ORDERED that the, Deputy Superintendent of Poway Unified
SchooL District be and is hereby authorized and directed to execute and deliver a deed of dedication of the
interest in real property described in said Resolution of Intentionto said applicant.
PASSED AND ADOPTED on May 27, 2008, by the ,following vote:
AYES. 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
This is to certify that the foregoing document is a true copy of the Resolution of the Board of
Education of the Poway Unified School District of San Diego CO~
,-7~~ '
Todd Gutschow, Clerk.ofthe Board of Education
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated May 27, 2008, from Poway Unified School District, Grantor, to the City of Poway,
Grantee, a political corporation andlor 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' t/o;/O<6 CITY OF POWAY
, ,
Seal: BY'~vL /j~&r1;"
Salam Hasenin, City Clerk
M:\engserv\OOO.doc.templates\certificate of acceptance-city.doc