Grant of Easement for Public Right-of-Way 2008-0589829
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DOC # 2008-0589829
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NOV 13, 2008
10:08 AM
CITY CLERK
CITY OF POWAY
P.O. BOX 7.89
POWAY, CA 9207.4
OFFtCt.o,L F:ECORO,:
SAN ['tEC,O coum, RECORl'EF:',3 OFFICE
C;REI~DR';'.J. C,fltT H Coumy F:ECORlJEF:
FEES. (1,00
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PAGES: 5
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25'97
Tax Parcel No, 317-152-04
(For Recorder's Use Only)
GRANT OF EASEMENT FOR PUBLIC RIGHT-OF-WAY
(No Documentary Transfer Tax Due)
Pruett Familv Trust (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 "8" - 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 of land, her successors
or assigns, the right to elimil1atesuch 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 herself, her successors and assigns, hereby waives any claim for any and
,all damages to GRANTOR's'remaining property contiguous tothe right-of~way hereby conveyed
by reason of the location, construction, landscaping or maintenance of said roadway,
,.0.. 'Jv
Dated this UCC1...(} day of f)-(l;t~ ,2008, ,,",
"J(JJf~
Notary Public for the State of Montana
Residing at Kalispell, Montana S _ )..-
My commission expires /1- I ,
Virginia M, Pruett, Trus~e!?__- '-'_
...~' -:;.. .
(Signature must be notarizedf,>- "
M:\CIP _DcvclopmentCIP Projects\5298 Oak Knoll Revitalization\Correspondence\Street Dedication Letter~\EASEMENT_Pruett.doc
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2598
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STATEDl' ~6NTANA )
: SS
County of Fhthl'",d _ _ )
On this'.october 20, 2008.bcfore me, a Notary Public for the State of Montana, personally appeared Virginia Pruett, known to
me to be tlle'person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same.
rw.Y~m~ave hereunto set my hand and affixed my Notarial Seal the day and year first above written,
Howard J. SaMstinas
Notary Public for the State of Montana
Residing at: Kalispell, Montana
My Commission Expires: November 15, 2012
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EXHIBIT "A"
2599
OAK KNOLL ROAD RIGHT-OFcWAY
APN 317"152-04
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 Plat thereof, in the City of Poway, County of San Diego, State of
California, being more particularly described as .follows:
Commencing at the Northwest corner of land described to the County o.f San
Diego by Instrument No, 29165, Recorded October 21. 1913 (hereinafter county
property), said point also beihg on the centerline'ofOak Knoll Road (Road
Survey 188); thence leaving said centerline along the Westerly line of said county
property South 01009'34" West, 20.08 feet to a point on the Southerly Right-of-
Wayo.f said Oak Knoll Road, said point also being the TRUE POINT OF
BEGINNING;therice continuing along said Westerly line South 01009'34" West,
10.04 feetto'a point 10.00Jeet Southerly measured at right angle to said
Southerly Right-of:way; thence leaving said Westerly line South 85052'47" West,
parallel to said Southerly Rightcof'way 90.14 feet to the Easterly line of Record of
Survey No. 6187, .filed March 28, 1963, as file No.53607,said Easterly line
designated "South 00058'20" West, 356.62 .feet"; thence along said Easterly line
North 01025'42" East (North 00058'20" East record), 10.05 feet to said Southerly
Right-of-way; thence along said Southerly Right-of-way North 85052'47" East,
90,09 feet to the TRUEPOINT OF BEGINNING.
Containing 901 square feet more or less.
Prepared By:
Nolte Associates, Inc.
~~:2-.~ IO/'/o~
Jeffrey J. Safford, LS 6703 Date
N:\SDB040800\survey\legal\oak knoll 31715204,doc
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EXHIBIT "B"
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EASTERL Y LINE
R.o.S. 6187
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COURSE TABLE
LINE BEARING LENG1H
L1 SOF09'J4'W iaM
L2 N01'2S'42'E 10.05'
.172771 RIGHT;-OF-WAY EASEMENT TO,BE ACQUIRED
L,~ ..J AREA = 901 S.F. OR 0,02 AC.
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GRAPHIC SCALE
0' 20' 40' 80'
1HIS PLAT WAS PREPARED BY ME OR UNDER MY
OIREC1l0N IN CONFORMANCE \111H 1HE PROFESSIONAL
LAND SURVEYOR'S ACT ON OCTOBER 6, 2008.
SCALE 1" 40'
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JEFFREY J. SAFFORD L6703
DATE:
NETWORK; soso
PATH:
DWG NAME:
lEY 0 N'D EN. I " E E R IN' LAYOUT: PLAT
t5070 AYBU;: OF: BCENCe,1ItITE,1)O IAN DEao,CA 8fI2lI DESIGNER- JJS
"aaaJ8S.0500'TB.' 858.88a.G400 FAX . nIMDLll.COII .
TIME, ROAD RIGHT-OF-WAY TO BE ACQUIRED
IN TI:IE CITY OF POWAY,
COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA
SHEET NUMBER
1
MGR"; -JJS ;P~ARED FOR: CITY OF POWAV DATE SUBMITTED: OCT 2008
Of 1 SHEETS
JOB NUMBER
80B040BOO
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2601
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated October 20, 2008, from Pruett Family Trus_t, 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: 11/3/0 F
,
CITY OF POWAY
Seal'
nda A. Troyan, MM ,City Clerk
M:\CIP _Development\CIP Projects\5298 Oak Knoll Revitalization\Easements\certlficate of acceptance~cjty_Pruett.doc
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