Loading...
Grant of Easement for Public Right-of-Way 2008-0564637 -; .. i DOC It 2008-0564637 11111111111I1111111111111111I11111111111111111111111111111111111111111 ~ 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, FEE~', [1,[1[1 0[, 11,0, PAGES: 5 1~~~M~~~~~~~~~~ml (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 OD-ILL .. :' ~, CALlFORNIA;~LL-PURPOSE ACKNOWLEDGMENT ~=, ''''~l"~':;:~' ":' -ti.'1;.-" -- -tr' ~~A ~ ="~"'" --~~ State of California } 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 ,,;+, ~ " - 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 N :\SDB040800\survey\legal\oak knoll 3] 715213 ,doc / t0JJfffl((;(g/b :l t0JiJL f@@l:l JJt0/M :JJflcf(@fc@:l EXHIBIT "B" t0JJffi((;(g/b :l t0JJfJ, JJt0/Ji!! :JJflc f (@fc@4} fl@:JJf JJt0/M :JJflcf(@fc@:JJ " t ..... --... OAK KNOLL ROAD ~ - - T.P.D.B. " N85'52'47"E 107.65' "'" a. SW 1/4 (R.S. 188) P.D.B. POR SW 1/4 ~ --... ~ #;f ~~ ~ rg;,~ ~ '" a 501"09'34"E 20,09' I N85'52'47"E 192.80' L3 JJt0/M :JJflcf(@:lcf:JJ JJt0/M :JJflcf(@:UPl ~ ~ ~ ~ ~ I: ~ C7~ I I N04'07'13"W IRl / __________l!~.../ (f,j" ({}j~" 4}$):lfffi ~ @ffffil 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' I N I [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 .r '"; , - , 6 .- 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 ~ ---- Seal: M:\CIP _Development\CIP Projects\5298 Oak Knoll Revitalization\Easements\certificate of acceptance-city_Lazaga.doc