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Grant of Easement (Roadway Equestrian/Pedestrian Trail) 1989-240685 RECORDING ~EQUES'J:'EJ~Y : 483 c?? </t) , 8;ige 'IQi;6}8,5, ~'RECOROf:D.IN~ ,f ~;":F""'.~ ~ f-'-r ---'r~~ , f [~f~~f~~H[}~; {~9 :GtU~W~QA_: I ';:"'"" " ~, ~ :;-~l,: " ~... 7'''''-; CI,TY OFPOWAY ) ) ) ) ) ) ) ) ) ) ) ~9:MAY -8 Af'F9:40 I' VnlA L LYl!E~, ' C,'G'",'y,,-q'RO"R ' L-:u""",!, "t.vJ 1..._.' ' WHEN RECORDED MKIk TO: QITYOF POWAY P.O., J30X 789 POWAY, CA 92064 NOFUi DOCUMENTARY TRANSFER TAX $ -e-_ (This space for Recorder I,S use) APN 314-192-'65 GRANT OF EASEMENT (ROADWAY. Eauestrian and Pedestrian) 'SOUTHERN CALIF;ORNIA DISTRICT _Abv-rSORY BOARD, INC. (HEREINAFTER "grantor") hereby grants' t,o c;r'tY: OF POWAY (hereinafter "GRANTEE") its successors, or assigns, the right-'of-way and incidents thereto for a public, equestrian and pedestrian roa'dway andu-tilities upon, over and across that certain real property in the city of poway, County of San Diego, State of California; described' ,a!5 fo'l;lows: (See Attached Legal Description and Exhibit Plat) , The, C;:r:ant6r hereby further grants to the city of poway :the 'priv,ilege, 'and right, t:s. e.1,{tenq drainage structures and excavation apd, emb?illkrnent s'lopes beybndthe,)imits, of the herein described right-of-way where required for the coiist'rucd.onand maintenance of said city Roadway. RESERVING unto grantor ~f the above described parcel of land, his successors or assigns, the right to e'liminatesuch slopes and/or drainage structures or portions thereof" when in thewritt,en opinion of the City Engineer of Grantee, then~cess,i'ty "therefore, 'is removed by substituting other protection, support and/or p.rainagefilCility, provided such substitution is first approved in writ'ing by,safd Engi!l1eer. The' Grant"6r hereby further grants to Grantee all trees, growths (growing qr t,hat, ,may hereafter grow), and road building materials within said r:ight-of- ,way,'; ~nc'luAil1g the right to take water I together with the right to 'use the ,s'ame, ,in ,sucJ:l.' ,manner and at such locations as said Grantee may deem proper", Ii:, ne,,?dflil or Qecessary, in the construction, reconstruction, improvement, or . maititenan'c'e of said roadway. ,- The GJ;'antor, for him/herself, his/her successors and assigns, hereby waives any piail1l ,for any and all damages to Grantor I s remaining property contiguous' to"'the,righ,t,...qf-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said roadway. Th'is ,;s,to'certlfY that the interest in real property Dated this~da'y of ~ ,19.fl..J- convey,ed .oy the deed or grant SOUTHERN CALIFOR A DISTRICT <!i'ted~j,- " ,frooS."tMu, f'..J,r.,,,,,, I2~H- ;liJu/~ ;i ., ~~ tt1e City of Poway, a politicaL BOARDi 'co~por (i!J:n :and/or. government agency is hereby accepted; "by, the- undersigned officer or agent on behal".f~ of' the 'City Counci l pursuant to authority 'c'onf-~'rr,ed 'bY" ~Re:sol"ution No. 34 adopted on January 20", 1,981' and' the !~rantee consent~ to recorda~ion ;the-r,eo.f ~y oils d~ty '~,-:!~,~orized officer. Da_tfd:"*/lf1B~/,/A@"1aJ;daL. (CitY',Cel';:ti,f,icate,' f ,ep.. nc~): - BY: N tary ~:1; ~ '. (I' BY: (Si ~;.r ~":: form attached.) " #0,. . 4t 485 . EXHIBIT "A" LEGAL DESCRIPTION That portion of the Northeast quarter of the Northeast quarter of section 12, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, more particularly described as follows: Beginning at a point on the westerly line of the west half of the east half of the Northeast quarter of the Northeast quarter of said section 12, said point being 30.00 feet Southerly of the North line of said section; thence parallel with and 30.00 feet Southerly of said North line, South 88'46'02" East 332.00 feet to the Easterly line of said ,'lest half of the East half; thence, leaving said parallel line, along said Easterly line, South 0'22'10" East 29.00 feet; thence leaving said Easterly line, North 86'56'11" West 250.32 feet to a point on a line parallel with and 57.00 feet Southerly of said North line of section 12; thence along said parallel line North 88'46'02' West 82.00 feet to the Westerly line of said West half of the East half; thence leaving said parallel line, along said Westerly line, North 0'22'10" West 21.00 feet to the point of beginning. Attached hereto and made a part of this legal description is a plat designated Exhibit "B". This legal description and plat were prepared by me or under my supervision on January 10, 1989. c -0 d//) ~-~ Eric A. Nelson, L.S. 5563 314-192-65 TWIN PEAKS ROAD STA 54+80,6,4 P9~c----,.." _ a N88'46:0~",W ~ g NB8"46'OZ'W 332:oi/g Vl W {D' a:: ;;: 21',00', ' NO:22'10"W' , 82;00, :N8B'46'OZ'W S8ALE: 1"=100: - IPENOTES AR~A T9 BE ACQUIRED , AREA = 7,970 S,F;" . CONSUL TANTS"I,N8.. ~~IOIIUinb to eo....mrTl.nlal A\J.n~... ' 1eaBO.Wllst Bemardo_Drtve. Scn.Dlogo; CA' 9"2127 . - (619)+51"":6100-'- -. -...- '250,32' N86'56'11"W ' " 29:00' NO'22'10"W WESTERLY LINE.. of WES,t'1jz OF JriE;EAST 1/2 . OF'THE;NORTHEAST 1/4 OF THE'NORTH~' EA'ST,l! 4, SEC, 12, T 12 N"R:2 W..S:S:M, EASTERL,'! LINE OF WEST 1/2 ' OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTH- EAST 1/4, SEC, 12, T,12 N"R2 W..S,B,M, i-- "' EXHIBITB " ~N'LY LINE of sEe,. 12 - / ". . 0' "" \>.()i ~I>-? 0" T ~t. w Z' <( --1 z ~ o :J m I ~.',~ "' TA '54+90;35, NO}E. ,', '" . .. . .' ALL Di\TA SHOWN IS DERIVED FROM ~ECORD, J,N, 020;78,00 AP' NO;,31t-192~65 (:rrt Q:F POWAY TVilf.J PEAKS ROAD RIGHT ,OF: WAY DATE" 'DRAWN' BY SHEET' JAN 61989 EAN 1 ~,1 '\ '~ .. ~) '. .' *"- 00 ~ .