Grant of Right-of-Way for City Street 1999-0687252
- -'~';':~~~ORDING REQUESTEDt
"
)
)
)
)
AND WHEN RECORDED MAIL TO' )
)
)
)
)
)
)
1
DOC , 1999-0687252
CITY OF POWAY
Oct 12.
1999 8:32
AM
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY; CA92074
y ~~ No transfer tax due
1,APt-l: ~'Z.D-oll.2.7
f.l\; GRANT'OF RIGHT-OF"WAY FOR CITY STREET
tl' Bornemann Properties, LLC, (hereinafter"GRANTOR") hereby grants to CITY OF POWA Y
(hereinafter "GRANTEE") its successors, or assigns, the right-of-way and incidents thereto for a
public street upon, over, and across that certain real pr6perty'in the City of POWA Y, County of
San Diego, State of California, described as follows:
OFFICIAL RECORDS
SAN,DIEGO (WHY REClJRDW,SDFFlCE
GREGORVJ. SMITH. COUNTY RECORDER
FEES: 0,00
DC: NA
(This space for Recorder's Use 1
See Attached Legal Description, Exhibit "A", and Plat, Exhibit "8"
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 ofthe herein
described right"of-way where required for the construction and maintenance of said City Street.
RESERVING unto GRANTOR of the above described parcel ofland, 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 GRANTORhereby further:grantsto 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
Dated this :3 0 day of _AvO,.-'.s-t- ,19 1'1
Bornemann Prooerties. LLC
~-d-
~ crc--h7
(Signatures must be notarized. Notary form attached)
. ,~ '-.
.
.
CALIFORNIA
-=:.
ALL,. PURP08']~
...
~,: ,.iI; _.11
, ,
:. '" ~,-,'
." -i" ',' t' '.., t "
ACKNOWLEDGEMENT
STATE OFCALlFORNLA
COUNTY OF s:tth
])/ p~
on~1 q !1j
DATE
befbre me;
personally appeared, W , Lt~
l3ersQnally knQ\vn tb,mo (or.p'roved ,me on the basis of satisfactoryevidence)to be the'person(s)
Yihcisename(s) is/are subscribed toitl'e within instrument;and acknowledged to me'that he/she/
they execuied the same inhiSlherlth'e!ir 'authorized capacity(ies), and that by his/her/their
signature(~)onthe instrumenfthe person(s)"orthe entity upbhbel1alfofwhich the person(s).acted,
executed the instrument,
WITNESS my hand and official seal.
(SEAL)
OPTTONAL INFORMATION
~'"''
, ..'.'.'. ,.'!.: .~, :"'G::'
~~-, /Ii:" ' ,,'~:
~
:. ","- "'~~:;'
, ./lRt;,
TITLE 01< TYPE lJ!-' ()(jCl!,\1l'~',
D"-Ti UF U(JCU\lI,N'[
Nl'r-WEI<.OF I',\GES
SIG!\EI<IS) OTHEI< THX~ NA'lI:DABOVE
; - ";',~~,." ..,..'.. '..,.... .
.c. CA(;IFORNIA,ALL.PURPOSE ACKNOWLEDGME~r'
.
No. 5907
personally'appeared
NAME(S) OF; SIGNER(S)
l1 personally knoWn to me-OR, D prov,ed .to me on, the basis of satisfactory evidence
" ....' ", '.._ .." ,.'.. to be the personl:{) Whose nameM) is/~
:subscribed to .the within instrument ana ac-
knowledge<;J to m..e that he/~,'J:I;tey executed
the same, inhis/t't;8:r/~r authorized
~apacityC~, 'and th~t by his/~i)lof€ir
'signature~, on the: instrument the person~,
or theehtity l.fpo"n behalf of whicl;1 the
personW Cicted, executed the instrument.
,State,oyC ~\ l"h),((f\~""
Gounty, of S'M :::b\~()
On AlAju..S+'OO,I'I'l'l
O!'TE
before 1'T18;,
cr o..\'I'Ie.S
J)o..C( 0.. J, ::t>~v LS
) NO~ ev.~\\C,
'JA~E DOE,' NO - PUBLIC':
NAME, TITLE OF OFfiCER E.G:,
t, Bi>(I\~~o..V\v-
,~ - .. - ---D~,lA~.;;,\~- - ~
~.. Commission #'1224937 ,
ie' N9iary~~bfic" Califprrib .~
'~ ' ;~~~~~;nl~'2XXlf:
---""!"--------,--
~ - - - - - - .. - - -"- - J
,~..\RJA:LDr\VlS' ,
_~.. ..' ..CC'..":,....;'..".....i..',;,....');,.,..1:J2..493..).. "..
:i, '. ...'--/.';" N()~::;i~.;- !~)iir:'~.~5111f~~:f, ~:
'! '- .,;;'~"o,County l
_ 'MvC'\,~T"1TI~,~~~.~yt1J~,~,
~ -:o..~ - .~~ ~~':'_e ,4 .- -- -. ;
WITNESSiTlY hahdandofficiaJ seaL
~..~..~
- . SIG'~' ~,~ OF NOTARV
-.,,/-..- .
OPTIONAL
Though.. the data below, is not-required;bylaw, it may prove valuable to persons relying on the,document and'could prevent
fraudulent reattachment of this form,' ,- ' ,~" , ..
CAPACITY CLAIMED BY'SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
tJ PARTNER(S)
D LIMITED
ClGENERAL
DATTORNEX:IN'FACT
o TRUSTEE(S)
DGUARDIAN/CONSERV A TOR
'D OTHER:
SIGNER.IS,REPRESENTING:
NNI'1E 9F p.1:=~.~.9N(S) O..e._EN:r:ITY(IESl
DESCRIPTIONOf1AT.TACHED DOCUIVIENT
nrl:EOR TYPEOFDOCUMENT
i'JUMBEElOFPAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
~!.993NATIO~AL NOTAFWASS'OCIATION,. '8236 Remmet 6.ve. P.O. Box.7184. Canoga Park, CA 91309c7184
~: .~/
.
.
ExnIDIT "A"
CREEK ROAD AND POMERADO ROAD DEDICATION
FOR STREET AND PUBLIC UTILITY PURPOSES
THAT PORTION OF THE EAST HALF OF THE'NORTHWEST QUARTER AND THE
WEST fMLFOF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERI\)IAN, IN THE CITY OF POW A Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, LYING NORTHEASTERLY OF THE EASTERLY RIGHT OF WAY FOR
POMERADO ROAD, AS DESCRIBED IN DEED TO THE CITY OF POW AY, RECORDED
MARCH 21, 1990 AS DOCUMENTNO 90-150164 OF OFFICIAL RECORDS OF THE
COUNTY OF SAN DIEGO, MORE PARTICULARLY DESCRIBED AS FOLLOWS
THE BASIS OF BEARINGS FOR THIS DEDICATION IS RECORD OF SURVEY 15665,
FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY CALIFORNIA-ON
NOVEMBER 14,1997 AS FILE NO 1997-0575958 OF OFFICIAL RECORDS RECORD
REFERS TO DOCUMENT RECORDED MAY 5, 1995 AS DOCUMENT NO 1995-0190596
OF OFFICIAL RECORDS
COMMENCING AT THE INTERSECTION OF THE NORTH-SOUTH CENTER LINE OF
SAID SECTION 26 WITH THE CENTER LINE OF THE PUBLIC ROAD (KNOWN AS
CREEK ROAD), A 40 FEET WIDE RIGHT OF WAY AS GRANTED TO THE COUNTY OF
SAN DIEGO BY DEED RECORDED AUGUST 22,1896, IN BOOK255, PAGE 3 OF
DEEDS, THENCE, SOUTH OOll'37" EAST (RECORD SOUTH 0054'09" WEST) ALONG
SAID NORTH-SOUTH CENTER LINE, 33,21 FEET TO THE TRUE POINT OF
BEGINNING, THENCE, NORTH 64047'21" WEST, 122,85 FEET TO THE BEGINNING OF
A NON TANGENT 473 50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL
TO SAID POINT BEARS SOUTH 15050'44" WEST, THENCE, WESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2]041'12", A DISTANCE OF
179,22 FEET TO THE BEGINNING OF A TANGENT 4000 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, THENCE, WESTERLY MTD SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100010'05", A DISTANCE OF
6993 FEET, THENCE, SOUTH WOO'33" EAST 452.33 FEETTO THE BEGII\TNlNG OF A
NONTANGENT 90305 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO
", . .
SAID POINT BEARS SOUTH 71037' 11" WEST, THENCE, SOUTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 7024'30", A DISTANCE OF
11677 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF THAT CERTAIN
PARCEL DESCRIBED IN DEED TO BORNEMANN PROPERTIES LLC, A LIMITED
LIABILITY COMPANY PER DOCUMENT RECORDED FEBRUARY 4,1998 AS
DOCUMENT NUMBER 1998-0055615 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, THENCE, SOUTH 20008'46" WEST, 3,90 FEET TO THE INTERSECTION WITH
A NON- TANGENT 1357 00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL TO SAID POINT BEARS NORTH 65041'18" EAST, THENCE, NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8016'14", A
DISTANCE OF 195 88 FEET (RECORD 9034'01", 226 58 FEET); THENCE, NORTH
16054'51" WEST (RECORD NORTH 15059'49" WEST), A DISTANCE OF 392,86 FEET
(RECORD 429.37 FEET) TO THE BEGINNING OF A TANGENT 40 00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, THENCE, NORTHERLY AND EASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 84018'56", A
DISTANCE OF 5886 FEET, THENCE, NORTH 86002'56" EAST, 45 80 FEET TO THE
BEGINNING OF A NON- TANGENT 482,00 FOOT RADIUS CURVE CONCAVE
SOUTHERL Y, A RADIAL TO SAID POINT BEARS SOUTH 02022'43" EAST, THENCE,
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
19059'54" (RECORD 18036'46"), A DISTANCE OF 168,24 FEET (RECORD 15658 FEET)
TO THE INTERSECTION WITH A POINT BEING 2000 FEET SOUTHERLY OF AND AT
RIGHT ANGLES TO THE CENTER LINE OF CREEK ROAD, A RADIAL TO SAID POINT
OF INTERSECTION BEARS SOUTH 17028'47" WEST, THENCE, SOUTH 64047'21" EAST
ALONG A LINE 20 00 FEET SOUTHERLY OF AND PARALLEL TO SAID CENTER LINE
OF CREEK ROAD 113 84 FEET TO THE INTERSECTION WITH THE NORTH- SOUTH
CENTER LINE OF SAID SECTION 26, THENCE, SOUTH 0011 '37" EAST ALONG SAID
NORTH-SOUTH CENTER LINE 11 07 FEET TO THE TRUE POINT OF BEGINNING,
SAID TRACT CONTAINS 0 18 ACRES MORE OR LESS,
VESTING PER _ I
DOC. NO. 1998- --.,
0055615, REC.2- /
4-1998.
/
/
/
/
/
/
/
A~-
..,'\\"~--r
\':)' -- --
j1.-~_ J-L=116.77'
II R=903,05'
/ / 6=07"24'30"
/ / d'<(.. ~J.....
''\U ......-
/ Co..A,\.....
.....'O'J..... .....
.....
.....
.....
. ;.." : ~. ."
.
EXHIBIT "B-
RIGHT OF WAY
elL CREEK
N.TS.
NEW
R.O W
I
I
I
I
L=19588'--'}
R=1357 00' \
6=08'16'14" \
\
"-
"
"
S20'08' 46"W
3.90'
.
0
w
(/) w
0 0
q C>
~
~ z
vi 50
'{ ...J
,...; a::
w
0
Z
=>
CD
0
a..
TRUE P 0,8
/
/
/
LEGEND
1;"Il""!-m::""""..~\\jj NEW R.O. W. DEDICATe
- - - EXIST R.O.W
AREA 0.18 ACRESf:
R.O W. INDICATES RIGHT-OF-WAY
"s..-
'''~
<:i!:>"..... 'A,'O"~
~9>~~\)~o.o~
':),90
SHEET 1 OF 1
~ ; ,...
.
.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest inrealproperty conveyed by the,deed or grant dated
August 30, 1999,
from Bornemann Properties, LLC, a Limited Liability
Company, to the City of Poway,a political 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.11c.t&'cer 71 I C\~
By cf'; 0-.. ~,<>,
Lori Anne Peoples, City Clerk