Grant of Easement Roadway 1997-0320707
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CITY OF POW A Y
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
FEES: 0, 00
HA
RECORDING REQUESTED BY:
CITY CLERK
CITY OF POW A Y
P.O. BOX 789
POW A Y, CA 92074
11111111111111I1111I[IIII~l~l~ 11111111111111111111111
No transfer tax due
APN 317-223-5 & 6
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(This space for Recorder's Use)
GRANT OF EASEMENT
(ROADWAY)
W.H. Pomerado L.L.c., (hereinafter "GRANTOR") hereby grants to CITY OF POW A Y
(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 ofCalifomia, 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 roadway.
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 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 13YJ>
day of
::Ju.-ne...
,1997.
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W.H. POMERADO, L.L.c.
A California Limited Liability Company
y C. Hamann, Trustee of the
rc. Hamann Family Trust, UDT
Dated 21/83, Member
I
a ann, Trustee of the
re ann Family Trust, UDT
ed 4/25/86, as Amended, Member
By:
nie . Whi aker, Trustee of the
Whitaker Family Trust dated
10/22/79, as Amended and Restated
12/22/83
(Signatures must be notarized. Notary form attached.)
This is to certify \hit the intefest in real property '.1."'1'"
brthldeedorlllntdatorl\.-13-'i1 frolll VJ K'
'Po l'h e,r"L L. L, c:... to the City
01 rewa,. a pol~ical corporation andlor pvemmental allflf:Y
is herlby ~cCtpted by th~ u"dersi&ned officer or llIoot on ..
half of the Cit~ C:u~cil pursuant to authoritJ conflilld "
Resolutio~ 'h. ~4 adopted on January 20. 1981 and tile
IIlAlee c;.._.l\$1ll racordatloa tMreot br in duly IUtIIoriad
officer,
eel: 1-'1-"11
Oat .
By ~w:... k ~ t..
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C~~IF~~NIA ALL-PURPOsAcKNOWLEDGMENT
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670
State of
Cali fornia
Cou nty of
San Diego
On
6/13/97
Sylvia K, Harrison, Notary Public
before me,
Dale
Name and Trtle of Officer (EI,g., "Jane Doe. Notary Public")
*********Jeffrey C, Hamann and Gregg Hamann**********
personally appeared
Name(s) 01 Signer(s)
~personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) iGIaTe subscribed to the within instrument
and acknowledged to me that AeIsml/they executed the
same in hi$tRQr/their authorized capacity(ies), and that by
~their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
j_.. -. ~~:~;,,:. .f
:;@_..COMM.#I0392821
I' . . . Notary P\bic - CoIfomla .
SAN DIEGO COUNTY -
J v ~ ~ ~:"':': ~~ ~~ :IS: 1~ .l
WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons refying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Grant of Easement (Roadway)
Title or Type of Document:
Document Date:
6/13/97
4
Number of Pages:
Signer(s) Other Than Named Above:
Daniel M. Whitaker
Capacity(ies) Claimed by Signer(s)
Signer's Name: Jeffrey C. Hamann
Gregg Hamann
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
~ Other: Member
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
>tJ Other: Member
Top of thumb here
RIGHT lltUMBPAINT
OF SIGNER
Top of thumb here
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Signer Is Representing:
Signer Is Representing:
W.H, Pomerado, LLC
W,H. Pomerado, LLC
C 1995 NatlOOal Notary Association. 8236 Remmel AI/e., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Can Toll-Free 1-800-876-6827
CALIFOR:NIA ALL.PURPOSE eKNOWLEDGMENT
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671
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County of
(1.a;-{-uyn ;~
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fo/23/91
before me,
'/),'~ W~tf'lAf'1 J\lo-f.<n'o f>v-41,L.
,
Name anclnle of OrIiter (e.g" "Jane Doe, Notary PubliC;
t1//1;~
State of
On
Dale
personally appeared 'j)a-,; <-I
,.&(,
Name{s) 01 Siwner(s)
)!:personally known to me - on
C flTovsd ts me-efHhe-basis-{)f-satisfactory evideRee- to be the person(sL
whose name{s) is/af& subscribed to the within instrument
and acknowledged to me that he/stleltney- executed the
same in hislhe,,'heir authorized capacily{jes}, and thaI by
hisA1crJthcir signaturels). on the instrument the persori'(s)"
or the entity upon behalf of which the person"(sl, acted,
executed the instrument.
~ - - - - - :~E~ - - J
- @ CommiS!IOn#I07869l ill
:5,.. NotCltY N>IIc - eallomla s:
! Sa DIego CaulIy -
1_ _ _ ~:"~~~~":~6:.~ t
WITNESS my hand and official seal.
~~
Signature oj Nola 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 10 another document.
Description of Attached Document
Document Date:
&~o!
0/13h?
Et-<S~
(RoO-dWt4y )
Number of Pages: _+
Title or Type of Document:
Signer(s) Other Than Named Above: Je1k--,. C. ~..... " &-~ If. ,,' . , "
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
l& Partner - i;8l Limited 0 General t1ufn",yf,~',.
o Attorney-In-Fact
)1. Tnustee
o Guardian or Conservator
~ Other: ,II{ 0></"'...... rop o!thumb he'e
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Tnustee
o Guardian or Conservator
o Other: Top 01 thumb here
Signer Is Representing:
/;1/, H, 'Hmu"""") LLc.
Signer Is Representing:
C '9~ NaliQnal Nolary Anoc;.lion. 8236 Remmel A..... P.O, 80. 7164 . Canoga P." CA P1309.71&4
Plod. No. 5907
Reon:ler;C.UToll-FIH ,.8Ol).!76-6827
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672
LEGAL DESCRIPTION
DEDICATION OF PORTION OF KERRAN STREET
ALL THAT PORTION OF LOTS 40 AND 41 OF CITY OF PO WAY TRACT NO.
85-04, UNIT NO.1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11742 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
MARCH 9, 1987, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF Sl,ID LOT 40, SAID CORNER
BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINT OF KERRAN STREET
(49.00 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE SOUTH 70030'00" WEST 98.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 29.50 FEET; THENCE WESTERLY
ALONG SAID CURVE 15.91 FEET THROUGH A CENTRAL ANGLE OF 30054'29"
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 55.50 FEET (A RADIAL LINE TO WHICH BEARS
NORTH 78022'27" WEST); THENCE LEAVING SAID NORTHERLY RIGHT-
OF-WAY LINE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE 106.00
FEET THROUGH A CENTRAL ANGLE OF 109025'57" TO THE BEGINNING
OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 29.50
FEET (A RADIAL LINE TO WHICH BEARS SOUTH 31003'30" WEST); THENCE
EASTERLY ALONG SAID CURVE 26.03 FEET THROUGH A CENTRAL ANGLE
OF 50033'30" TO THE POINT OF BEGINNING.
ALSO: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 41, SAID
CORNER BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF KERRAN
STREET (49.00 FEET WIDE); THENCE ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE SOUTH 70030'00" WEST 98.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 29.50 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 15.91
FEET THROUGH A CENTRAL ANGLE OF 30054' 29" TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
55.50 FEET (A RADIAL LINE TO WHICH BEARS SOUTH 39022'27" WEST);
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE EASTERLY AND
NORTHEASTERLY ALONG SAID CURVE 106.00 FEET THROUGH A CENTRAL
ANGLE OF 109025'27" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 29.50 FEET (A RADIAL LINE TO
WHICH BEARS NORTH 70003' 30" WEST); TI{ENCE NORTHEASTERLY ALONG
SAID CURVE 26.03 FEET THROUGH A CENTRAL ANGLE OF 50033'30" TO
THE POINT OF BEGINNING.
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673
PORTION OF KERRAN STREET TO BE DEDICATED
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= 50'
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LOT 41
LINE DELTA RADIUS CHORD 8EARIN ,ARC
C1 50'33'30" 29,50' S45"13'15"W 26,03'
C2 50'33'30" 29.50' S84'13'15"E 26.03'
C3 30'54'29" 29.50' S85 "57'14"W 15,91 '
C4 30"54'29" 29.50' S55'02'46"W 15.91'
C5 109"25'57" 55,50' S74"39'28"W 106.00'
C6 109'25'57" 55,50' N66'20'32"E 106.00'
L1 N70'30'OO"E 98,00'
L2 S70'30'OO"W 98.00'
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LOT 42
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