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Grant of Street Right-of-Way 2010-0309647RECORDING REQUESTED BY CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY 7P P.O. BOX 789 II NF POWAY CA 92074 oca I Cf ) APN: 317-101-16,317-101-17 D O C # 201 0 - 0309647 II I I I III II I I IIIII II II II I IIII I I I II II JUN 21, 2010 10:32 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: &00 OC: NA PAGES: 7 for Recorder's GRANT OF STREET RIGHT -OF -WAY ( POWAY ROAD and COMMUNITY ROAD) NO DOCUMENTARY TRANSFER TAX DUE Brannon Family Limited Partnership, a California limited partnership, property owner (hereinafter "GRANTOR "), hereby grants an Irrevocable Offer of Dedication to CITY OF POWAY (hereinafter "GRANTEE "), its successors, or assigns, the right -of -way and incidents thereto for a public street 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 Legal Description Exhibit "A" and Exhibit "B" Plat The GRANTOR hereby further grants to the GRANTEE the privilege and right to extend drainage structures and street improvements beyond the limits of the herein described right -of -way where required for the construction and maintenance of said City Street. RESERVING unto GRANTOR of the above - described parcel of land, his 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 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 street. - _ _ _ _ _ _ _ 7,rs GREGORY A. MOGA IC Dated thisQ,k' day of , 2010 Commission # 1752767 L :X : - ®- :; Notary Public - California RI sloe County Bran on Family L.4ited Partnership - Mycomm.E� esamza,2ott y. 4I - Q ��� Jerry rannon, Co- partner By Its:r�itlA.r i+--- C)W {}Lp " P9&�o,v Don Brannon, Co- partner Approved as to Form: Office of th City Attorne r �cQ U-9 -to Lisa a. oster, City Attorney Date 10 -p(ga CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �o��•�oc�.�.� cYZ— t- �.c� -- . �r�e�r. �. Baerc�- r<= a�. rccGr�.�.cc�crorcocr.Urc- r -,cc- Sri- r,�r�rm.� -r.� State of California County of - E J On k' 1,?01t0 before me,(15;; ez. Date / personally appeared who proved to me on the basis of satisfactory evidence to be the personol whose name4ji�is/=subscribed to the within instrument and acknowledged to me that he /gft/#W executed the same in his/4gr/tW authorized capacity(ig), and that by his/bar/tWeIr signatures on the instrument the persons or the entity upon behalf of which the persono acted, executed the instrument. 90; GREGORY A. MOGA I certify under PENALTY OF PERJURY under the laws corny Publi n 1762767 of the State of California that the fore oin ara rah is <' ' Notary Public - Calllornla � 9 9 P 9 P Riverside County true. _and correct. MY Comm. 'es 4u1 ?3,2071 WITNESS my h� and official seal. / Sig natur o c4C�C Place Notary Seal Above Sian tore Notar Public OPTION L Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: OS Y Zo/ U� Number of Pages: Signer(s) Other Than Named Above, Capacity(ies) Claimed by Signer(s) Signer's Name: –)6"✓4 /3 /t- �Ni✓ou/ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General •.,_„.�,,,_, ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Is Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • - ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER - Notary Association -9350 De Soto Ave,, P.O. Box 2402 • Chats rth, CA 91313- 2402- viww.NationalNolary.org Here #5907 ReoNer Call Toll -Free 1- 800.8]6 -682] CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 6/7/2010 before me, Taweepom Vattananavin, Notary Public DA I'E NAM F.'r1l LE OI +OFFICI ER- E.G.. "JA N1; DOE. NOTARY PU nLIC" personally appeared Don Brannon , who proved to me on the basis of satisfactory evidence to be the person( rwhose name(s�­is /alb subscribed to the within instrument and acknowledged to me that he /,sl Cey executed the same in his/I}erltftdir authorized capacity(WS), and that by hiss /ter signature(Won the instrument the personpror the entity upon behalf of which the persot.$) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TAWEEP0AN VATTANANAVIN Commission o 1838858 = WITNESS my hand and official se -ai - Notary Public - California Orange County My Comm. Expires Mar 27, 2013 tzhxI .va.ure: 14 Wv. x wnass!uI e ms_'s.m, �+., es:a�;vaeHxn+fi3ia Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ® PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENFVFY0ES) Brannon Family Limited Partnership DESCRIPTION OF ATTACHED DOCUMENT Grant of Street Right -of -Way (Poway Road and Community Road) TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES 05/28/2010 DATE OF DOCUMENT Jerry Brannon SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT A STREET DEDICATION LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, 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 THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST 2.58 ACRE LOT OF RECORD OF SURVEY MAP NO. 3395 RECORDED ON JULY 16, 1954 AS FILE NO. 93326 WITH THE NORTH LINE OF POWAY ROAD PER INSTRUMENT NO. 237439 RECORDED DECEMBER 6, 1960, DISTANT THEREON NORTH 89° 08'30" WEST 229.75 FEET AND NORTH 01 ° 54'00" EAST 50.01 FEET FROM THE CENTER OF AFOREMENTIONED SECTION 13, SAID CENTER BEING THE CENTERLINE INTERSECTION OF COMMUNITY ROAD AND POWAY ROAD, AS SHOWN ON PARCEL MAP NO. 16871, RECORDED JUNE 10, 1992 AS FILE NO. 92- 360834; THENCE ALONG SAID WEST LINE, NORTH 01 a 54'00" EAST 1.00 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF NW 1/4 SEC 13, SAID SOUTH LINE BEING THE CENTERLINE OF SAID POWAY ROAD; THENCE ALONG SAID PARALLEL LINE, SOUTH 89° 08'30" EAST 147.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 7.27 FEET THROUGH A CENTRAL ANGLE OF 160 39'25", TO A POINT HAVING A RADIAL BEARING OF SOUTH 150 47' 55" EAST; THENCE NORTH 480 51' 30" EAST 21.40 FEET TO A POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 660 29'05" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 9.43 FEET THROUGH A CENTRAL ANGLE OF 210 36' 55" TO A LINE PARALLEL WITH AND DISTANT WESTERLY 58.00 FEET, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF NWIA SEC 13, SAID EAST LINE BEING THE CENTERLINE OF COMMUNITY ROAD OF PM 16871; THENCE TANGENT TO SAID CURVE AND ALONG SAID PARALLEL LINE, NORTH 01 ° 54'00" EAST 147.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 18.73 FEET THROUGH A CENTRAL ANGLE OF 260 50'07" TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 61' 15'53" EAST; THENCE NORTHERLY ALONG SAID CURVE, AN ARC LENGTH OF 11.71 FEET THROUGH A CENTRAL ANGLE OF 260 50'07" TO A LINE PARALLEL WITH AND DISTANT WESTERLY 51.00 FEET, MEASURED AT RIGFIT ANGLES FROM Exhibit A - Legal Description 09- 23SI,ect Dedication.doc ( 12/16/09) Sheet I at 2 THE EAST LINE OF NW 1/4 SEC 13, SAID EAST LINE BEING THE CENTERLINE OF COMMUNITY ROAD; THENCE TANGENT TO SAID CURVE AND ALONG SAID PARALLEL LINE, NORTH Ole 54'00" EAST 67.39 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 169.30 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID AFOREMENTIONED SOUTHEAST 2.58 ACRE LOT OF RS 3395; THENCE ALONG SAID PARALLEL LINE, SOUTH 89° 08' 30" EAST 18.00 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 33.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID AFOREMENTIONED EAST LINE OF NW1 /4 SEC 13, SAID PARALLEL LINE BEING THE WEST LINE OF COMMUNITY ROAD AS SHOWN ON RS 3395; THENCE ALONG SAID PARALLEL LINE AND WEST LINE, SOUTH 01- 54'00" WEST 150.00 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 169.97 FEET, MEASURED AT RIGHT ANGLES FROM SAID AFOREMENTIONED CENTERLINE OF SAID POWAY ROAD; THENCE ALONG SAID PARALLEL LINE, NORTH 89° 08' 30" WEST 17.00 FEET TO THE WEST LINE OF SAID COMMUNITY ROAD PER AFOREMENTIONED INSTRUMENT NO. 237439; THENCE ALONG SAID WEST LINE, SOUTH 01° 54'00" WEST 95.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 38.82 FEET THROUGH A CENTRAL ANGLE OF 880 57'30" TO SAID NORTH LINE OF POWAY ROAD; THENCE ALONG SAID NORTH LINE, NORTH 89° 08'30" WEST 155.19 FEET TO SAID AFOREMENTIONED WEST LINE OF THE SOUTHEAST 2.58 ACRE LOT OF RS 3395 AND POINT OF BEGINNING. CONTAINING AN AREA OF 4,351 SQUARE FOOT OR 0.100 ACRES MORE OR LESS. PREPARED BY: z1'4wwPAZ- GEORGE K. BERNHARTH, RCE 13737 SEABOARD ENGINEERING COMPANY 1100 S. BEVERLY DRIVE, SUITE 201 LOS ANGELES, CA 90035 No. 13737 Erp. 3-31 -2011 Exhibit A - Legal Description 09- 23Street Dedication.doc (12/16/09) Sheet 2 oft A= 21' R= 25. C �= 9.4.3 7. o' DETAIL 1 SCALE 1:20 PBASIS OF BEAR /NG: THE BEARING N 0154'00" E ALONG COMMUNITY ROAD AS SHOWN ON R.S. 3395, REC. IN 07/1611954 AS BRASS CAP IN WELL FILE NO. 93326 WAS USED FOR THIS SU BEY MON. PER ROS 16871 &4sfmENT Lf D: 0.17' LIJ J3' WIDE ROAD EASEMENT AS SHOWN ON RS 3395, REC. IN FILE N0. 93326, DATED 07�16�1954, OR. 0/1.1 =AR (� EASEMENT FOR COUNTY HIGHWAY PER INST. NO 237439, REC. 1210611960, O.R. - L-5730" NORTH LINE SE 258 ACRE — R= 25.00' R.S #3395, FILE 193326 i 07 161195 O.R. � I S89 08 30 E 0 18.00' ,O p= 2650'07" 4.o, ^ I R= 25.00' cp °a o o I PARCEL 2 L= 11.71 DOC# 1994 - 053771 S6175 53 E 3 REC. 09/09/1994, O.R. RAD o N89 08'30 33.01' I 0 33' 50' I SCALE: 1' - 60' Q Q I GRAPHIC SCALE A- 265 0. 0'07" WEST LINE R= 40.00' !ten 1 SE 258 ACRE I L= 18. 9� FILE X93326 REC. 0711611954, O.R. _ _ _� a _00' W D1 5Fr l5� 5� 0 2 Lo 0 v PARCEL 1 ^ o ',o rn DOC# 1994 - 053771 Z o REC. 0910911994, O.R. 1i 58.00' - m ®® N0154 '00 "f SEE DETAIL 1 ® �\ 1.00' 2 II° g 1N O � V r17.00' aW to �� 2 50' S 89 08'30" E 147.19' -- ®p= 88 5 89 08 30" W 155.19 c ® ®® R= 25.0q L= 38.82' o ° 2 o CENTER OF I". h PO YROAD h SECTION 13 N 8908 30' W 229.75 �O o SOUTH LINE OF NW1 14 SEC. 13 T14S R2W -EAST LINE OF NW114 SEC. 13 T14S R2W —2011 WELL M0N PER PM EXHIBIT ' B7 - STREET DEDICATION 13364 POWAY ROAD & 13214 COMMUNITY ROAD, POWAY, CA 92064 SCALE 1•:60' SEABOARD ENGINEERING CO. JOB NO. 09 -23 1100 S. BEVERLY DRIVE, STE 201 DRAWN BY M.A. LOS ANGELES, CALIFORNIA 90035 DATE 02/15/2010 TEL. (310) 277 -7337 FAX (310) 277 -7339 CHECKED BY G.K.B. SEABOARD®SEABOARDENGCO.COM PAGE 1 OF 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: from the Brannon Family Limited Partnership, 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: CITY OF POWAY By: In a A. Troyan, MMC, City Clerk M: \engsery \Clapp \Esmnt \Walgreens \grant of right -of -way walgreens.docx