Grant of Easement for Public Right-of-Way 2008-0564637
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DOC It 2008-0564637
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~ RECORDING REQUESTED BY: )
)
CITY OF POWAY )
)
6ifI WHEN RECORDED RETURN TO: )
)
I CfiO) CITY CLERK )
tJf CITY OF POWA Y )
P,O, BOX 789 )
POWAY, CA 92074 )
Tax Parcel No. 317-152-13
OCT 29, 2008 9:25 AM
OFFICI,~L RELUF,[.I~;
:,,6JJ DIECiO COU~H\' RECOF:CIER'S OFFICE
GREGORY J, SbllTH, COUHT\" RECOFi[JEF,
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PAGES: 5
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(For Recorder's Use Only)
GRANT OF EASEMENT FOR PUBLIC RIGHT-OF-WAY
(No Documentary Transfer Tax Due)
Laurence M. Lazaqa and Mvrna E, Lazaqa, Husband and Wife, as Community Property
(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 Exhibit "A" - Legal Description and Exhibit "B" - 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-ofcway where required for the construction and maintenance of said City
roadway, RESERVING unto GRANTOR of the above described parcel of land, his/her
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 ~ day of CJ v/C'/J ~
.#
,2008.
~c€ Ilt_ La J (2-2/
Laurence M, Lazaga
~ ~ "I<'~
My aE, Lazaga '
(Signature must be notarized)
M:\CIP _DevelopmentlCIP Projccts\5298 Oak Knoll Rl:vitalization\Correspondence\Street Dedication Lctter~EASEMENT_Lazaga doc
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CALlFORNIA;~LL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of San Diego
On tJt!77Jlfm.2 f ZtJtJj beiore me,
Date .
personally appeared t/lWIfCAlCC /fl.
Phyllis Shinn, Notary Public
LAZ/f~/! ;;~"Ni;iy;;:~'o:t LA7-4~A
Name(s) ofSi~ner{s)
'e,,-- ~om,'.:n.~'L..;,: ..~;.7.~O,~, . 'I
I Notary Publlc . ~aIIfoi.dCIl
. Ian Illego County .
J. -- - - "~~-~~IUJ
who proved to me on the basis of satisfactory evidence to
be the penion(s)whose name(s) :R>tare subscribed to the
withininstrum'ent and acknowledged to me that'
~/s'l\ellhey executed the, same in ~/h'l{rlthejr autllorized
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
, , certify under PENALTY OF PERJURY under the laws
of the State of California.lhat the foregoing paragraph is
true and correct. -
Place Nolary Seal Above
Signature
OPTIONAL
Though the Information belo'!'ls:not r~qulreq by la,.!"", it may prove valuable t~pet.~9.ns relying on the document
and could prevent fraudulent removal and reattachment-of this form to" another document. _
Description of Attached Document '
cTitle or Type of Document: <75';1/P1 (}f 1!Ir$,Ol1r~foJ( A-'I3L-1C I< I GIf1::-tf)r- WTI,'I
Document Daie: ~ e fl) AFY< r.J I. 2 OO? Number,ofPages: J '
. . . ,
, Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
TOp' of thumb here
Signer's Name:
o Individual
o Corporate Officer - TltI..;(s):'
o Partner - o ,Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer -Title(s):
o Partner - 0 ~imited 0 General
o Attorney in Fact
o Trustee
o Guardian 01 Conservator
o Other:
RIGHTTHUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
- < QFSIGNER,
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~:_ ,..", _:_ - _:~ - 1;;;. _ _ """ .... """ "" ..~
02007 Nallonal Notary Association. 9350 [)g'SoIO Ave., P.O'.Box 2402.- Chalsworth, CA 91313-2402. Www,NalloilatNotary."ory hem '5~7 Reorder. Call ToII-Froo 1-800-676-6827
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EXHIBIT "A"
OAK KNOLL ROAD RIGHT-OF-WAY
APN 317-152-13
That portion of the Southwest Quarter, of the Southwest Quarter, Section 14,
Township 14 South: Range 2 West, San Bernardino Meridian, according to the
Official Platthereo.f, in the City o.f Poway, County o.f San Diego, State of
California, being more particularly described as follows:
Commencing at the Northwest corner of land described to the County of San
Diego by Instrument No, 29165, Recorded October 21, 1913 (hereinafter county
property), said point also being on the centerline of Oak Knoll Road (Road
Survey 188); thence leaving said centerline along the Westerly line of said county
property South 01009'43" West, 20.08 feet to a point on the Southerly Right-of-
Way' of said Oak Knoll Road; thence along said Southerly Right-of-way South
85052'47" West, 193.80 feet to a point on the line designated "North 08031 '20"
East, 360,14 feet" on Record o.f Survey No. 6187, filed March 28, 1963, as file
No. 53607; thence along said line South 08051 '56" West, (South 08031 '20" West
record) 10.26 .feet to a point 10.00 feet Southerly measured at right angle to said
Southerly Right-of-way; thence leaving said line South 85052'47" West, 43.87
.feet to the beginning ofa tangent 280.00foot radius curve concave Northerly;
thence Westerly along said curve through a central angle of 12052'45" and arc
distance of 62.94 feet to the Southerly prolongation of the line from the centerline
angle point on said Oak Knoll Road to an angle point on said Southerly Right-o.f-
way; thence along said Southerly prolongation North 13027'46" East, 3.10 feet to
said Southerly Right-of-way angle point; thence along said Southerly Right-of-
way North 85052'47" East, 107,65 .feet to the TRUE POINT OF BEGINNING,
Containing 927 square .feet more or less.
Prepared By,
Nolte Associates, Inc.
o~ 1- ,/J...--.-I~ 10 / b /0 f'
Jeffrey J. Safford, LS 6703 Date
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EXHIBIT "B"
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OAK KNOLL ROAD
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" N85'52'47"E 107.65'
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(R.S. 188)
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SEe 14
T 14 S
R 2 W
SBM
COURSE TABLE
UNE BEARING LENGl1-I
L1 S08'51'56'W 10.26'
L2 S85'52' 47'W 43,87'
L3 N13'27'46"E 310'
CURVE TABLE
CURVE
C1
LENGl1-I
62.94'
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[eM RIGHT-OF-WAY EASEMENT TO BE ACQUIRED
AREA = 927 S.F. OR 0.02 AC.
l1-IlS PLAT WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE \\1l1-1 l1-IE PROFESSIONAL
LAND SURVEYOR'S ACT ON OCTOBER 6, 2008,
GRAPHIC SCALE
0' 20' 40' 80'
SCALE 1" 40'
DATE"
NETWORK: SOSO
PAlH:
OWG NAME-
BEYOND ENIIIlIEERIN.
LAYOUT: PLAT
8AIl DEtD, CA mze DESIGNER- JJS
IftJlll1E.CQl .
TIME,
ROAD RIGHT-OF-WAY TO BE ACQUIRED
IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA
SHEET NUMBER
1
15D7D AmtE or ICEIEE. 11m 110
IIU8UlJQO m 851J15.D400 FAX
~GR: JJS
PREPARED FOR: CITY OF POWAY DATE SUBMITTED: OCT 2008
Of 1 SHEETS
JOB NUMBER
808040800
N:\SDB&W8OO\Cltdd\Survev\EXHIBIT_B_l112.DWG, 101612008 2:41:33 PM, 5OU'.pc3
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated October 21, 2008, from Laurence M. & Myrna E. Lazaga, Grantor, to the City of
Poway, Grantee, 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: /.p 1.2 7/0 r'
.
CITY OF POWAY
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Seal:
M:\CIP _Development\CIP Projects\5298 Oak Knoll Revitalization\Easements\certificate of acceptance-city_Lazaga.doc