Grant of Right-of-Way for City Street 1988-083027
'6'6.,
~', RECO~,D lNG, REQUESTE.DBY : a
RECORDED REQUEST'DF,FIRSTAMERICAN 1TI9l!o.
'~C!.TV 'OF POWA Y , I
.,
WHEN ,RECORDED MAIL TO,:
CITY OF POWAY
. P.O. BOX 7,85
POWAY, CA 92064
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317-242-03
8'8 - 0'8 3 0 27
rJiX,ECORDEOINP,il
,OFFICIAL RECORD
,OF SANOIEGO COUNTY. ~A.
1988FEB 24 AM8:QO
I, VERA L.L YLE. I
~OUNTY RECOROE~
(T~js space for Recorder's use NO FEE
--
T~is document isbemg recordedoy
First American TiJle Insurance,Co, as
an accommodation only. It has nol
J::>eenexamlned lIS to execution or
" impact on tItte. , ..'
~VIANO- (FURTHER DESCRIBED IN EXHIBIT, "c"
i\TTACHEDHERETO AND MADE A PART HEREOF) (hereinafter "GRANTOR") hereby grants to
CITY OF POWAY (hereinafter "GRANTEE") its successors, or ass,igns, the right-of-way and
incidents thereto for a public strMtupon, over and across that Certain real property
in the City of Poway, County of San Diego, State of Cal ifornia, described as follows:
this 0('
First :'>i~",' ,
an Be.,.., '
been, e"","'",,
impact on tin';,
,jot
oj Co, as
,I ,has not
," execution Cllr
GRANT' OF RIGHT-OF-WAY
FOR CITY STREET
(See Attached LE~9alDescr;ption and Exhibit Plat)
The GRANTOR hereby further grants to the City of Poway the, ,privilege and right to
extend drai nage structures and excavaq,on and embankment s lopes beyond the 1 imits of
the herei n descri bed ri ght-of-way,wher-e' requi red for theconstructi on and maintenance
of said City Street. RESERVING';untg GRANTOR of the abovedes'cribed parcel of land,
his successors or assigns, the righ\,~o eliminate such slopes and/or drainage structures
or portions thereof, when in the VirTUen opinion of the City Engineer of GRANTEE, the
necessi ty therefore is l"emoved by substitut i rig other protect,fon, support and/or
drainage facility, provided such substitution is first approvea in writing by said
Engineer.
The GRANTOR hereby further gral}ts tp GRAWEE all trees, growths (growing or that may
hereafter grow), and road building matedal s withi n s~i d right-of-way, i ncl uding the
right to take water, togethe'r 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 construc-
tion, reconstruction, improvement"or maintenance of said highway.
The GRANTOR, for nim/he17seH, his/her successors and assigns" hereby wa,ives any cla,im
for any and a) 1 'damjlges to GRANTOR's remai ni ng,proper.ty cont.; guous to the ri ght-of -way
hereby conveyed by reason of the location, construction, landscaping or maintenance of
said highway.
Dated this, /f~day of ~-
, 19 fl
~
(Signatures must be, notarized., Notary form
attached.)
~.
1637
.
APN 317-"232'-05&; -06
317-242-03
.
Said easement of right of waY' is particularly described as follows:
(SEE EXHIBITS "A" & "B"ATTACHED HERETO AND MADE A PART HEREOF)
PARCELS 3, 5, 6, 8 & 9 OF EXHIBIT "A" LEGAL DESCRIPTION
GRANTOR. ita"'hein. successors. and .asiens. shall nol erect or construct or'pe~it to be ~cted or c~Dstructed. ~y
'buildinl. Iwcture or improvement on. over or'unde,r'&Uy portion of lhe e.sement.-nor ,shall CRAi.'lTOR. ita beiu; luce.a.ors,
o~ aa.iana. phnt any tree or trees or plant any other VISItation or nora. nor die or ann any holo or wen, on an)' portion or
'the ..a.ment.
CRANTEE may. in its aole discretion. erecl. maintain. or uee cales in ~ll rence's'which nOW crou or,lator cros, Dny
portion or the easement. CRANTEE shall li~~so ,be entitled to trim. cut. or clear away;acy trees. bN!lh, or other: vei'elation or
Cora {rom lime to time as CRANTEE delennines in its sole discretion without any adcHtional compensation.
CR.ANTEE ,hall be entiUed to .partition. assirn, joint venture. or share al1.or any portion of this easement wilh',any other
publi~ aeency or utility includine. but notlimited,to, any agency supplYlne water,or sewer s!rvices or facilities to the public
as GRAL'lTEE may detennine in it, sole discretion without paying any additiona,l c,om'pensation to CRANTOR or GRANTOR',
heirs. successors, or assip', therefor.
GRANTOR agrees that no other easementor'easements shall be granted on, under-"or over this easement without oblainfne.
the prior written con,ent ot GRANTEE.
GRANTEE may at any time in~rease ita use at the. euement, change the location at pipeli nes or.other. ta~i1ities within
the boundaries of the easement right or way> or, a'l.od~ity,'the size ot existing pipelines orotheri'mprovemenls a,s it may deter--
mine in its sole discretion rrom time to time without'..paying any additional compensation to',"bRANTOR~,or,CRANTOR's heirs,
aucces,or,. or usigns, provided GRANTEE 'doe' not expand its use ot the euenien,t beyond the euement bOWJdariell de-
.cribed aboVe'.
It is aho understood ~d acreed by the, parties lhat the CRANTOR and the G.RANTOR's heirs, IUCCeIlSOr'3, or assigns,
ahall not increase or decrease or permit to .,be increa,ed or decreased the exi,linr"cround elevation, at the above'-described
easement which exi,ts at the time thi, document is e.?tecuted without obtaining the prior ...rltten consent ot the CRANTEE.
In the event or any dispute involving this Aereemen~ whether or not litication is commenced, or'it any arbitration pro-
ceedinl'. adminstrative' proceedina: or litieation in, law or in equity. including an"aCtion tor declaratoryreliet.,ia broua:ht to
.aforee or interpret the provisions or 'perform~cf at this eaaemenl, the prevailin&, ,party shall be entitled to an::llward of all
attoraey.. tees and the COlts at the proceeding, which' shall be determined by the court. or the presiding officer bavine au-
thority to make this determination.
CRANTOR expressly waCtant. and repreaenls that GRANTOR bas the power to erant this easement ill aceord8Dce with
Ita leim..
: . " ,j~'h. ~ Y'"l
In WitnesS 1J)bcceor. th. CRANTOR b.. ...cut.d this E......nt thia____u__.._uudey or .u..__.u.__~....' 19__-':l__L.
This is 'to wtify th3t.the interm in cui, ~ro~ Cllr.vtle1
bJ the deed oe I~ntdatrd\ \- 19-Ui:om Ah1 M" 1 ::r ,f
lYlcH il'v- J, A via", to Ihe City
01 POWlI. a,political Cllrporal;on,.nd/orco,ernmenblal,ncJ
Is hertbJ Iccep:~d b~ theunde:l!!<,'d elf!:cr cr'afenton ~
ball of the'CitJ Council.pun",{ot:t:i t~:~~'J Cllnferted bJ
bl:ll!lln lie. 34 ado~ted 03 J.nuJ!J23; 19a1 and the
Pi,nlee cansenlslo recortl31ion ln~rao' b1;F.sdulJ'~ulhorized
elflCa.
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Cuuntyo,~d J)/Ei-o ,ss.
OFFICtAL SEAL
MICHAEL j, SCHLAF
NOTARY PUBLIC, CAUFORNtA
PRtNCIPAl OFFICE tN
:7'110122
CORPORATE ACKNOWLEDGMENT
On this the lL day 01
A;b1/8/!/fla1 1912 beloreme,
.:s- ~/1L-AF
#/M/J;;v
the undersigned Notary Public, personally appeared
/!/(71!(Y./V S /J1//~}tjtJ / filA&.4d .r 4Y/.A-vb
I' -
o Ilersonally known to me
~roved to me onthe basis of satlslactory evidence
to be the person(s) whose,name(s) A~ jbSCrlbed to the
within instrument, and acknowledged that ~ executed It.
WITNESS hand and olllelal seal. '
(/#
)
Nota
NATIONAl.. NOTARY,~sOCIATioN. m2 Venturi Bh-d.. P.O. 80-: 4I2S. WoocSIand HIlla. CA t\3lW
NO,2Il2
State of
On this the _ day 01
19_, belore me,
}~,
County 01
the undersigned Notary Public; personally appeared
o personally known to me
o proved to mean the basisolsatisfactory evidence
to be the person(s) who executed the within instrument as
or on behalf of the corporation therein
named, and acknowledged tome that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
7'120 122
NAnoNAL NOTARY ASSOClAOON . 2:K)12 V."tura B~. . P,Q 8oll4t125 . Woodllln~ HI.... CA 9136s:.,.625
PARTNERSHIP ACKNOWLEDGMENT
NO, ZOJ
State of
On this the_day 01
19_. belore me,
}ss.
County of
the undersigned Notary Public, pe'rsonally appeared
o personalty know,n tome
o proved to me on the basis ol.sallslactory evidence
to be the person(s)who'executed'the within Instrument on behalf 01 the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
Notllfy'S Signature
-...
NA'T1CIHAL NOTARY AIIOCIATlON .I:IOIJ.___...... ,.0, DoI...1IIlIIllaCIInd .....(;A....
_XHIBIT"A"
, 1639'
.
LEGAl DESCR IPT fON
PARCEll -STREE;'f DEDICAnON(POMERADOROAD) IN 317..;232':01
THOSE PORnONS OF 'fHE WES'fHALF OF SECnON 23. TOWNSHIP 14 SOUTH, RANGE 2
, WEST, SAN BERNARDINO ~ERl~I,AN, AC~ORDING TO THE OFFICIAL PLATT8E~EOF, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS: "
BEGINNING AT THE :S,OUTHEASTERLY CORNER OF CASA REALPOWAY UNIT NO.3,
ACCORDING TO MAP THEREOF NO., 7273 FILED IN THE OFFICE OF THE COUNTY RECORD-
ER OF SAID COUNTY, MAY 3, 1972 AS FILE NO. 11'1244. SAiD CORNER BEING ALSO
THE SOUTHWESTERLY CORNER: OF CASA, REAL POWAY UNIT NO. I, ACCORDING TO MAP
THEREOF NO. 6944 FlUb i.N niE: OFFICE OF SAID COUNTY RECORDER OF SAID
COUNTY, I'I.AY 27, 19n, SAID CORNERS BEING ALso THE NOR'fHERLY LINE OF THE
LAND DESCRIBED IN DEED to ROBERT R. WOLINSKI AND, PATRICIA L. WOLINSKI,
HUSBAND AND WIFE, RECORDED APRIL 22, 1974 AS FILENO.. 74-101196 OF OFFicIAL
RECORDS; THENCE ALONG SAID; NORTHERLY LI NE AND SOUTHERLY BOUNDARI ES, SOUTH
70051' 49" EAST (RECORD SOUTH no 23' EAST PER DEED, AND N, '71 0 18' 35"W. PER
MAP NO. 6944) ,56.70 F'EET;THENCE LEAVING SAID NORTHERLY LINE AND BOUNDARY,
SOUTH 06046'47" EAST, 71.43 FEET TO THE BEGINNING OF A. TANGENT 1,798,82
FOOT RAD IUS CURVE CONCAVE 'NORTHEASTERL Y; THENCESOIJTHEAS'fERL Y ALONG THE ARC
OF SAI D CURVE THROUGH A CENtRAL ANGLE OF 01033' 08'; A DISTANCE OF 48,73 FEET
TO A POINT ON THE LINE COMMON TO THE LAND DESCRIBE~ IN DEED TO LILLIAN S.
WOLINSKY RECORDED OCTOBER 24, 1985 AS FILE NO. 85-397798 AND THE LAND
DESCRIBED IN DEEb TO ROBE'RT R. AND PATRICIA L.WOLINSKI, SAID POINT HEREIN
DESIGNATED AS POINT "Ai'; THENCE ALONG SAID COMMON LINE, NORTH 89oi'2' 04"
WEST (RECORD NORTH 89037'10" WEST, PER SAID DEED), ,103.~5 FEET TO A POINT
ON A NON-TANGENT 1,902;82 FOOT RADIUS CURVE CONcAVE N'ORTHEASTERL Y, A RADIAL
LINE TO SAID POINT BEARS SOUTH 8r35'35"WEST; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00037'38" A DISTANCE OF
20.IQ FEET; THENgE IMGENT TO SAID CURVE NORTH 06046'47" WEST, 135.25 FEET
TO SOUTHERLY BOUNDARY OF ,SAID MAP NO. 7273 AND THE NORTHERLY LINE OF SAID
LAND DESCRIBED IN DEED TO ROBERT R. WOLINSKI ,AND PATRICIA L,WOLINSKI,
MENTI ONED ABOVE; THENCE< ALONG SAID BOUNDARY ANDNDR,THERLY Ll NE SOUTH
70051'49" EAST (RECORD SOUTH 7.1023' EAST PER DEED AND N. 71018'35" W. PER
MAP NO. 7273), 56.70 FurTa. THE POINT OF BEGINNING.
CONTAINING AN AREA OF U.324.'ACRE MORE OR LESS.
PARCEL 2 - STREET DEDICATION (POMERADO ROAD) IN 317-232-04
BEGINNING AT SAID POINT "A", DESCRIBED IN THE ABOVE PARCEL I, SAID POINT
BnNG ON. tHE Ll NE COMMON TO THE LAND DESCRIBED rN DEED TO ROBERT R.
W6LiN,~KrAND PAT~ICIp, L. WOLINSKI AND THEL~'N6DESgR:!BED IN DEED TO LILLIAN
S. WOLINSKI AS, MENnONED IN THE ABOVE PARCEL 1; tHENCE AlONG5AID,COMMON
LINE, NORTH .89012'0'4" WEST (RECORD NORTH 89037! lO" .WEST, PER sAib DEEDS.).
103.'45 FEET TO A POINT ON THAT CERTAIN NON-TANGENT 1,902.82 FOOT RADIUS
CtJRVECONCAvENORTHEASTERLY DESCRIBED IN THE ABO'VEPARCEl: l,A RADIAL LINE
TO SAID POINT BEARS solmi 82035' 35" WEST; THENCE LEAVJNG SAID COMMON LiNE,
~' M/MMA/LH
/~Lit
-26':86
REV.5,.~2-87
IN 5532-05
iXHIBIT U A"
..640,
LEGA~"DESCRIPTION - STREET DEDICATION (PAGE 2)
ALONG, THE SOUTHEASTERLy EXTENSION OF THE ARC OF sAID 1902.82 FOOT RADIUS
,CURVE ,o.ND THROUGH A CENTRAL ANGLE OF 04005'51" .ADiStANCEOF 136,09 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 11030' 16" EAST, 67.09 FEU TOA POI NT
ON A LINE COMMON TO THE 'LAND DESCRIBED IN DEED TO L1LLlANS. WOLINSKI AS
MENTIONED IN THE ABOVE PARCEL 1 AND, THE LA'NDDEStidBED IN DEED TO ANTHONY
J. AVIANO, AND MARIAN ;). AVIANO ,RECORDED FEBRUI\RY29, 1984 AS FILE NO.
84-074437, SAID POiNT HEREIN DESIGNATED AS POINT uB"; THENCE ALONG SAID.
COMMON LINE. SOUTH 82011 "50'; EAST (RECORD SOUTH 82034'47" EAST PER DEEDS),
113.51 FEET ,TO A POINT ON THE SOUTHEASTERLY EXTENSION OF THAT CERTAIN
1798.82 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY DESCRIBED IN THE ABOVE
PARCEL I, A ,RADIAL LINE TO SAID POINT BEARS SOUTH 74042 '09" WEST; THENCE
LEAVING SAID COMMON LINE NORTHWESTERLY AND ALONG THE ARC ,OF SAID SOUTHEAST-
ERL Y EXTENSION OF SAID 1798.82 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF
06057'56" A DISTANCE OF 218.69 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.500 ACRE MORE OR LESS,
PARCEL 3 - STREET DEDICATION (POMERADO ROAD) IN 317-232-06
BEGINNING AT SAID POINT "B", AS DESCRIBED IN THE ABOVE PARCEL 2; THENCE
ALONG SAID COMMON LINE BETWEEN THE LAND DESCRIBED IN DEED TO LILLIAN S.
WOLINSKI AS MENTIONED IN PARCEL 1 AND THE LAND DESCRIBED IN DEED TO ANTHONY
J, AVIANO AND MARIAN J. AVIANO AS MENTIONED IN THE ABOVE PARCEL 2 SOUTH
82011'50" EAST (RECORD SOUTH 82034'47" EAST PER DEEDS), 113.51 FEET TO A
POINT ON THAT CERTAiN 1798.82 FOOT RADIUS CURVE ,CONCAVE NORTHEASTERLY
DESCRIBED IN THE ABOVE P.ARCEL 2, A RADIAL LINE TbsAID POINT BEARS SOUTH
74042'09" WEST; THENCE A~ONG. THE SOUTHEASTE'RLY EXTENSION OF THE ARC OF SAID
1798,82 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 05014'52" A DISTANCE
OF 164.75 FEET TO A'POINT ON ,A LINE COMMON TO THE LAND DESCRIBED IN DEED TO
ANTHONY J. AVIANO AND MARIAN J. AVIANO AS MENTIONED IN THE ABOVE PARCEL 2
AND THE LAND DESCRIBED INDEED TO C F POWAY, LTlL, A CALIFORNIA LIMITED
PARTNERSHIP, RECORDED FEBRUARY 4, 1986 AS FILE NO. 86~045040,SAIDPOINT
HEREIN DESIGNATED AS POINT "C"; THENCE ALONG SAID COMMON LINE, NORTH
82011 '50" WEST (RECORD NORTH 82034'47" WEST PER, DEEDS), 125.02 FEET TO A
POINT A NON-TANGENT 1908;82 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 71040'01" WEST; THENCE LEAVING SAID
COMMON LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00036'26" A DiSTANCE OF 20.23 FEET TO THE BEGINNING POINT OF A
COMP()UND 890.00 FOOT RADIUS CURVE NORTHEASlERLX, A RADIAL LINE TO SAID
POINT BEARS SOUTH 72016'27" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 06013' 17" A DISTANCE OF 96.64 FEET;
THENQE TANGENT TO SAID 'CURVE NORTH 11030' 16" WEST, 43,31 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 0.409 ACRE MORE OR LESS.
B~M/MMA/LH
r / ~LH
8-26-86
REV. 5~22-87
IN 5532-05
,
_XH181T IIA"
-.1641
LEGAL DESCRIPTION- STREET DEDICATION (PAGE 3)
PARCEL 4 - STREET DEDICATION (POMERADO ROAD) IN 317:;232-08, 317-232-09,
317-232-17
COMMENCING AT SAID POINT' '!C" ASDE~CRIBEO IN THE ABQVE PARCEL 3, SAID POINT
BEING ON THE LINE COMMON TO THE LAND DESCRrBED INDEED TO ANTHONY J. AVIANO
AND MARIAN J. AVIANO~SM~NTIONEO IN THE ABOVE PARCEL 2 AND THE LAND DES-
CRIBED IN DEED TO C F ~OW.A.Y, LTD., AS MENTIONED, IN THE ABOVE PARCEL 3;
THENCE ALONG SAID COMMON, LINE, NORTH 82011 '50"WEST,125.02 FEET TO A POINT
ON, THAT CERTAIN NON-TANGENT 1908.82 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY
DESCRIBED IN THE ABOVE PARCEL 3, A RADIAL LINE TO SAID POINT BEARS ,SOUTH
71040' 01" WEST; THENCEALONG THE SOUTHEASTERLY pTEN?ION OF THE ARC OF SAID
1908.82 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 04025'01" A DISTANCE
OF 147.15 FEET; THENCE TANGENT TO SAID CURVE SOUTH 22045'00" EAST, 200.77
FEET; THENCE SOUTH 2j"47";fo" 'EAST, 294.10 FEET TO A POINT ON A LINE COMMON
TO THE LAND DESCRIBED IN DEED TO C F POWAY, L TO., As MENTIONED IN THE [\BOVE
PARCEL 3 AND THE LAND DESCRI BED I N DEED TO ANTHONY J. A VIANO AND MAR1AN J,
AVIANO, HlJSBAND AND WIfE,'RECORDED JANUARY 22, 1968 AS FILE NO, 11545 OF
OFFICIAL RECORDS, SAID POiNT HEREIN DESIGNATED AS POINT "0"; THENCE ,ALONG
SAID COMMON LINE, NORTH 00,028'33" WEST (RECORD NORTH 00052' 16" WEST P~R
SAID DEEDS),' 28) .38 FEET 'TO A POINT ON A LINE PARALLEL WITH AND DISTANT
104.00 FEET NORTHEASJERL y' AIR IGHT ANGLES TO 'THE AFOREMENTIONED LINE BEAR-
ING SOUTH 22045'00" EAST; THENCE ALONG SAID ,PARALLEL LINE, NORTH 22045'00"
WEST 248.68 FEET TO THE BEGINNING OF A TANGENT 1,798.82 FOOT RADIus CURVE
CONCAVE NORTHEASTERLY , SAHi ClJR'VE' BEl NG THE SOUTHERLY EXTENSION OF THE ARC
OF THAT CERTAIN 1,798.82 FOOT RADIUS CURVE DESCRIBE'6 IN'THE ABOVE PARCEL 3;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CUR VE THROUGH A CENTRAL ANGLE OF
02012'17" A DISTANCE OF 69.22 FEET TO THE POINT OF BEGINNING,
CONTAINING AN AREA OFI .231 ACRES MORE OR LESS.
PARCEL 5 - STREET DEDICATION (POMERAOO ROAD) IN 317-232-05
BEGINNING AT SAID POINT "0" AS DESCRIBED IN THE ABOvE PARCEL 4, SA'ID POINT
BEING ON THE LINE COMMONTD THE LAND DESCRIBED IN DEED TO C FPOWAY, LTD.,
AS MENTIONED IN THE ABOVE PARCEL 3 AND THE LAND DESCRIBED IN' DEED TO
ANTHONY J. AVIANO AND MARlIN J. AVIANO AS MENTIONElJIN THE ABOVE PARCEL 4;
THENCE ALONG sAiD COMMO,N LfNE NORTH 00028'33" WESJ (RECORD SOUTH 00052'16"
EAST PER SAID, DEEDS), 281,38 FEET TO THAT CERTAIN PARALLEL LINE WHICH BEARS
NORTH 22045'00" WEST ,AS DESCRIBED IN THE ABOVE, PARCEL 4; THENCE ALONG SAID
PARALLEL LINE, SOUTH 22045'00" EAST, I3i.91FEtT 'rO'A POINT ON THE EASTERLY
LINE OF SAID LAND DESCRiBED IN DEEDTD ANTHONY ,J. AVIANO AND MARIAN J,
AVIANO, SAID ROINT BEING ALSO ON THE WESTERLY BOUNDARY OF CITY OF POWAY
TRACT85-04 UNIT ,NO. I" POMERADO BUSINESS PARK- RHASE I ACCORDING TO MAP
THEREOF'NO. 1~742-' F,ILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY'MARCH 9,1987, IN THE CITY OFPDWAY, COUNTY OF SAN. DIEGO STATE OF
CALIFORNIA; THENCE ALONG SAID EASTERLY LINE AND BOUNDARY OF SAID MAP NO.
11742, SOUTH' 06ois' 33" EAST (RECORD NORTH 00"52'16" WEST PER SAID DEED),
194.36 FEET TO AN ANGLE POINT THEREIN; THENcE SOUTH 14042'46" EAST (RECORD
~, R /M,MA/LH
/~/(H
-26S86
REV. '5~22-87
IN 5532-05
. EX,HIB" ,IT "A"
.. 1642
LEGAt. .DES'CRlpTION - STREET DEDICATION (PAGE 4)
NORTH 15025'05"",~EST .BER SAID DEED), 174.55 F~ET TO ,A PQINT ON JHE LINE
COMMON TO THE LAND DESCRIBED IN DEED TO ANTHONYJ.AVIANO AND MARIAN J.
AVIANO AS MENTIONED IN THE ABOVE PARCEL 4 AND THE LAND DESCRIBED IN DEED TO
ANTHONY J. AVIANO AND MARIAN J, AVIANO, HUSBAND AND WIFE, RECORDED OCTOBER
I, 1976 AS FILE NO. 76~.324J7t OF .oFFICIAL Rt~9F.DS, SAlp POINT HERpNDESIG-
NATED AS POINT "E"; THENCE LEAV'ING SAID EASTERLY LINE AND BaUNDARY AND
ALONG SAID COMMON LINE, NORTH 82011'50" WEST (RECORD NORTH 82h4'47" WEST
PER SAID DEEDS.), 9.20 FEET; THENCE NORTH 22045'OQ" WEST , 183.59 FEET TO A
POINT ON THE SOUTHEASTERLY PROLONGATION OF THATtERTAIN LINE TO SAID POINT
"D'" DESCRIBED I~ THEABOY~ PARCEL 4, WHICH BEARS SOUTH 23047'30" EAST;
THENCE ALONG SAID LINE, NORTH 23047'30" WEST, 35.96 FEET TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 0.371 ACRE MORE OR LESS.
PARCEL 6 - STREET DEDICATION (POMERADO ROAD) IN 317-242-03
BEGINNING AT SAID POINT "E" AS DESCRIBED IN THE ABOVE PARCEL 5, SAID POINT
BEING ON THE LINE COMMON TO THE LANDS DESCRIBED IN DEEDS' TO ANTHONY J.
AVIANO AND MARIAN J. AVIANO, HUSBAND AND WIFE,RECORDED JANUARY 22, 1968 AS
FILE NO, 11545 AND octoBER 1, 1976 AS FILE NO.. 76-324371 ALL OF OFFICIAL
RECORDS, SAID POINT BEING ALSO ON THE WESTERLY BOUNDARY OF CITY OF POWAY
TRACT 85-04, UNIT NO. I, POMERADO BUSINESS PARK - PHASE I ACCORDING TO THE
MAP THEREOF NO. 11742. FJLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 9, 1987, IN THE CITY OF POWAY, CO,UNTY OF SAN DIEGO,
STATE OF CALIFORNIA; THENCE ALONG SAID COMMON LINE, NORTH 82"11'50" WEST
(RECORD NORTH 82:034'47"~EST PER DEEDS), 9.20 FEET TO A POINT ON THE
PROLONGATION OF THE SOUTHWESTERLY LINE OF THE ABOVE PARCEL 5 WHICH BEARS
SOUTH 22045'00" EAST; THENCE ALONG SAI D LI NE, S6UtH22045'OO" EAST, 60,82
FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF THE
ABOIJE PARCEL 5,WHftHB,EARS 'SOUTH 14042 '46" EAST~(RECORD NORTH 15025 '05"
WEST PER SAID DEElis) SAID POINT BEING ON SAID WESJERLYBOUNDARY OF THE CITY
OFPOWAY TRACT 85~04, UNIT NO, 1, ACCORDING TO MAP THEREOF NO. 11742;
THENCE NORTH 14042'46" WEST 56,69 FEET ALONG SAID WESTERLY BOUNDARY AND TO
THE POINT OF BEGINNING,
CONTAINING AN AREA OF 0.006 ACRE MORE OR LESS.
PARCEL 7 - STREET DEDICATION (STOWE DRIVE) IN,317-232-09
COMMENCING, AT SAID POINT "c" AS DESCRIBED IN THE ABOVE PARCEL "3", SAID
PO'rNT BEING aN THAT CERTAIN 1,798,82 FOOl' R.A.D.IUSCURVE CONcAVE NORTHEAST-
ERl::YDESCRIBEDIN THE ABOVE PARCEL 4, A RADIAl. LINE TO SAID POINt BEARS
S04TH .~~02i'U" WEST; T~.ENCE SOUTHEASTERLY .ALONG, THE EASTERLY LINE OF
SAID PARCEL 4 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
02012,'17" A, DISTANCE .01' 69,22 FEET; THENCE .T:ANGENTrO SAID CURVE, SOUTH
22045/!'OO" EAST ,97'.,03 FEET TO THE TRUE POINT OF BEGINNING, sAiD POINT
8EINGAllSO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE
B~M/,,!Mj\/L~
~ /.,fY/LH
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.' 1643
LEGALDESCRI:PTION - STREET DEDICATION (PAGE 5)
NoJnHEAsTERL Y; THENCE SOUTHEASTERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90000'00" A DISTANCE OF 3'1.42 FEET TO A POINT ON A LINE
RADIAL TO SAID CURVE;);HENCE ALONG SAID RADIALlI'NE,sbuTH 22045'00" EAST,
4.50 FEET; THENCE NORTH 67"15'00" EAST, 32,09 FEET TO A POINT ON THE LINE
COMMON TO THE LAND DESCRIBED IN DEED TOC -I' POWAY, LTD., AS DESCRIBED IN
THE ABOVE PARCEL 3 AND niE LAND DESCRI BED I N DEED TO ANTHONY J. A VJANO AND
MARIAN J,. AVIANO AS ,DESCRIBED IN THE ABOVE PARCEL 4, SAID POINT HEREIN
DESIGNATED AS POINT "1""; THENCE ALONG SAID COMMON LINE, SOUTH 00028'33"
EAST, 81.05 FEET; THENCE LEAVING SAID COMMON LINE, SOUTH 67015'00" WEST,
1.37 FEET; THENCE SOUTH 22045000" EAST 3,34 FEET TO A POINT AGAIN ON SAID
COMMON LINE, SAID POINT HEREIN DESIGNATED AS POINT "G"; THENCE ALONG SAID
COMMON LINE SOUTH 00028'33" EAST (RECORD NORTH 00,%2'16" WEST PER SAID
DEEDS), 1,26 FEET TO A PO) NT ON A NON-TANGENT 20.,00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY ,A RADiAL LI NE TO SAID POINT BEARS NORTH 24007 '22"
WEST; THENCE SOUTHWESTER~Y, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 88037'38" ,A DISTANCE OF 30.94 FEET TO
A POINT OF CUSP WITH A. CINE THAT BEARS NORTH 22045'00" WEST, SAID LINE
BEING THE NORTHEASTERLY LINE OF THE ABOVE PARCEL, 4; THENCE ALONG SAID LINE
NORTH 22045'00" WEST, 124.00 FEET TO THE TRUE pOINIOF ,BEGINNING.
CONTAINING AN AREA OF 0,071 ACRE MORE OR'LESS,
PARCEL 8 - STREET DEDICATION (STOWE DRIVE) IN 317-232-05
BEGINNING AT SAID POINT "F"AS DESCRIBED IN THE AB9VE PARCEL 7, 5.AID POINT
BEING ON THE LINE COMMON TO SAID LAND DESCRIBED IN DEED TO C I' pOWAV; LTD.,
RECORDED FEBRUARY 4, 1986 AS FILE NO. 86-045040 AND SAID LAND, DESCRIBED IN
DEED TO ANTHONY J. AVIANOAND' MARIAN J. AVIANO RECORDED JANUARY 22, 1968
AS FILE NO. 11545 ALL OF OFFICIAL RECORDS; THENCE ALONG SAID COMMON LINE
SOUTH 00028'33" EAST, (RECORD NORTH 00052'16"WES1' PER SAID DEED), 81.05
FEET; THENCE LEAVING SAID COMMON LINE, NORTH 67015~00" EAST, 52,14 FEET TO
THE BEGINNING OF A TANGENT 1237.50 FOOT RAD IUS CUR VE 'CONCAVE NORTHWESTERL Y;
THENCE NORTHEASTERL YAlONG THE ARC OF SAID CURVE tHROUGH A CENTRAL ANGLE OF
00005'15", A DISTANCEoF 1.89 FEET TO A POINT ON rHEEASTERLY LINE OF SAID
LAND DESCRIBED IN DEED TO ,ANTHONY J. AVIANO AND MARIAN J. AVIANO, SAID
POINT BEING ALSO ON THE WESTERLY BOUNDARY OF CITY OF pOWAY TRACT 85-04,
UNIT NO, I, POMERADO @S!NESS PARK - PHASE I, ACCORDING To MAP THEREOF NO,
J1742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 9, 1987, IN THE CITY OF pOWAY, COUNTY OF SAN DIEGO, STATE OF CALI-
EORN IA; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00028' 33" WEST (RECORD
00052'16~' WEST PER SAID DEED), 81.55 FEET TO A POINT ON A NON~TANGENT
1162.50 FOOT RADIUS CURVE CONCAVE NQRTHWESTERLY, A RADIAL LINE TO SAID
P.oINL BEARSSOUTH24~22' 01 " EAST; THENCELEAVI NG SAID WESTERLY ,BOUNDARY
SOUTHWES,TERL,Y AL.ONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
0I037"01"A DISTANCE OF 32.81 FEET; THENCE TANGENT TO SAID CURVE SOUTH
67015' 00" WEST, 21,42 FEET TO THE POINT OF BEGINNING,
CONTAINING AN AREA OF 0,093 ACRE MORE OR LESS.
~/MMA/LH
/~LH
-26-86
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, .
jXHIBIT "An c
1644
.
~EGAL DESCRIPTION -' STREET DEDICATION (PAGE 6)
PARCEL 9 - STREET DEDICATION (PORTION OF STOWE DRIVE) IN 317-232-05
BEGINNING AT SAID POINT i'G", AS DESCRIBED IN THE ABOVE PARCELl, SAID POINT
BEING ON THE LINE COMMON TO SAID LAND DESCRIBED IN DEED TO C F powA'r', LTD"
AS MENTIONED IN THE ABOVE PARCEL 3 AND IHE LAND DESCRIBED I.N DEED TO
ANTHONY J. AVIANO AND MARIAN J. 'AVIANO, AS MENTIONED IN THE ABOVE PARCEL
4; THENCE ALONG SAID COMMON LINE, SOUTH 00028'33" EAST (RECORD NORTH
00052'16" WEST PER SAID DEEDS), 1.26 FEET TO A POINT ON THAT CERTAIN
NON-TANGENT 20.00, FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY DESCRIBED IN THE
ABOVE PARCEL 8, A RADI.AL LINE TO SAID POINT BEARS NORTH 24007'22" WEST;
THENCE LEAVI NG SAID COMMON LINE NORTHEASTERLY ALONG tHE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01022'22" A DISTANCE OF 0.48 FEET, TO A POINT ON
A RADIAL LINE; THENCE ALONG SAID RADIAL LINE NORTH 22045'00" WEST, 1.16
FEET TO THE POINT OF BEGINNING,
CONTAINING AN AREA OF 0,28, SQUARE FEET MORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B",
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY
ME OR UNDER MY DIRECTION.
SIGNED:
N . 5292
EXPIRATION DATE: DECEMBER 31, 1987
BJly'1/MMA/LH
\,~?ILH
8-26-86
REV. 5-22-87
IN 5532-05
,
E XHJBIT "8"
, .
'TABU~9lED Dij'TA
NO. 'IlRDIUS; ,:OfLTR Rile
CI /c798,82;, /5.~e'l :'$01:"9,
C2.1902.82 4'05/5/"'" ,13D;0~"
,1:3 ,8~,OO 6"(3'17'!' '%,(i;4
c4; l'!JOtJ,82 4"Z,S'OI', ,47.15'
C5 20. 00 88:J7'.58~' '3(), fJ4,', '
C6 '20.00 1"22'22" 0.48
C7 1')08:8Z 0"036'26" 'O.e3 .
CI'II<P2:':>O r!J7'OI', ,!1Z8/
C8 20.00 90 .OO:~OO'" '1. '2
C 0 1798.82 2 .12,' 7'" 69~i22'
,cn 1798.82 5.14,'52"16';75
C12, 1789.82 G~75tP" ZItJ."tP!?J .
CIS 17~"'tJ2 /~xotJ" 4C},73
CI4 /~2.e2 O"37'3tJ" .zae3
CIS IZ~7'50 0,"05' 15:" 1:59
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T~BULATED DATA ~
NO.
TI
T2
TS
14
T5
TrE
T7
T8
T:J
TlO
T'
T 2
U,
TN
BfAIlING
N, 6'.'6 '''"''
1122,"5 ',00" :
1122 .'5.' DO""
N22 .'5' DO''''
'N22.'5'OO""
NO'ZiJ!33
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...
I- ~
- IX:
Z c(
~ Q;
"It U)
0 U)
I W
&I) Z
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U)
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m
0
c
c(
IX:
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0
Q;
(p'55!J2-05
.-
,,'1646
elHlBIT "c"
.
ANJHorN J. AVIANO and MARIAN J. AVINAO, Trustees of the AVIANO 1983 TRUST
dated December 29,1983 as toParcel 1; ANTHONYJ. AVIANO and MARIAN J.
AVIANO, husband and wife, as jOi,nt tenants,as to Parcel 2; and ANTHONY J.
AVIANO and MARIANJ. AVIANO,husband and wife, as tenants in common as to
Parcel 3.-