Loading...
Grant of Easement Roadway 1997-0320707 f>6\L o~Q~~_1~~~-o1~q~~7AM '- """'; . ) ) ) ) AND WHEN RECORDED MAIL TO: ) ~0 ~(y ) r I ) ) 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 . )!~r~ (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. --,; ~ . \)\)<,\ . : 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.. \ \ C~~IF~~NIA ALL-PURPOsAcKNOWLEDGMENT ':!l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ,. I i ~ I ~ I ~ ~ ~ ~ I ~ ~ ~ ~ I I g g ~ i g g ~ ~ ~ g ~'CC~'<X;~~~'(,X.'Q'~ . 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. ~, j(JiI./W~ 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 ,. ~ i ~ L~~v"x;.~~~'Q(.;."Q(,.~'Q("."'Q(..~ 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 . 671 ---------- County of (1.a;-{-uyn ;~ ~(); ~ 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 . . 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. _- '.1..: . . 673 PORTION OF KERRAN STREET TO BE DEDICATED ~ SCALE T ,.. = 50' -z. ~~ " u) o o o -$.. 5.00 ' c;t'i '{ o~ ?O~~'{ \iC "€.. e''2,O 10"0 ~. \.\'.~}- 1"€.:-- "'2.'2.'~-- ~\ .'39_-- \~- ~o. \.\.IA'2. ~~? 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' \. - - - -- - -- _-- .\'.1>-\),...:1- --- ..~.~- - 3' 30_- 10 "3--- ~:,....- - LOT 42 ~~ ~ ......