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Grant of Street Right-of-Way 2011-0600205RECORDING REQUESTED BY: 1'1�' CITY OF POWAY le AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 ooctt 2011- 0600205 IIIIII IN 111111111111111111111111111111111111111111111111111111111 NOV 09, 2011 10:55 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA 9417 PAGES: 8 (This space for Recorder's Use) APN: 317 - 270 -56 GRANT OF STREET RIGHT -OF -WAY (SCRIPPS POWAY PARKWAY) NO DOCUMENTARY TRANSFER TAX DUE Sysco Food Services of San Diego, Inc., a Delaware Corporation, 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. Dated this 46 day of NOV.M �e," , 20 11( SyscaFooc�-S s f San Diego, Inc. By: �/ Ric d flFriedlle /n Its: .G Si Approved as to Form: O ice of the City Attorney Morg n L. Folio City 4ttorney Date M: \ettgst'TV�Clapp\Esmnt \Sysco \ROW Dedication.doex I H10 0 4 a CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On* ��2 (f�01/ before me, �fiyL�iS >y /rViv T, y Date • \ Here Insert Name and Title of th Of icor personally appeared CPHYLLIS SHINN o-mm-Ission # 1778898 . _m Notary Public - Calltoinla ' Son Diego County My Comm. lees Nov 9, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(kwhose name(�Y-is/a% subscribed to the within instrument and acknowledged to me that he /sPre//tltey, executed the same in his/fte.606ir_authorized capacity(I's), and that by his/h`er /tfjL4 signature(�,on the instrument the person(4- or the entity upon behalf of which the person 6wq acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Ad official se Signature Signature of Notary Public OPTIONAL 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:6r� I V Document Date: Signer(s) Other Than Named Above: 0// V110:2 6,-�* L - Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb here dumber of Pages: D L L--/ Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association -9350 Do Sato Ave.. P.O. Box 2402 - Chatsworth. CA 91313 .2402 -v .NatronalNotaryorg ltem #5907 Reorder: Call Ton -Free 1410"76.6827 9419 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: Mo%m&c t- V. A011 % , from Sysco Food Services of San Diego Inc., a Delaware Corporation, 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: / /' q - It Seal: CITY OF POWAY :A 6,11 1)111"CL Tina M. White Deputy City Clerk EXHIBIT "A" 9420 LEGAL DESCRIPTION ALL THAT REAL PROPERTY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 18007, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 8, 1998, AS FILE No. 1998 - 0197554 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1, DISTANT THEREON SOUTH 76 °00'00" WEST 235.72 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF A 2246.50 -FOOT RADIUS CURVE IN SAID NORTHERLY BOUNDARY LINE OF PARCEL 1, CONCAVE SOUTHERLY; THENCE NORTHEASTERLY ALONG SAID NORTHERLY BOUNDARY LINE OF PARCEL 1 AND ALONG THE SOUTHERLY BOUNDARY LINE OF SCRIPPS POWAY PARKWAY (FORMERLY SOUTH POWAY PARKWAY), 107.00 FEET WIDE, DEDICATED PER CITY OF POWAY TRACT 85 -04 UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11742, FILED IN THE OFFICE OF SAID COUNTY RECORDER, MARCH 9, 1987, NORTH 76 °00'00" EAST, 235.72 FEET TO THE BEGINNING OF A 29.50 -FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 1 AND ALONG THE SOUTHWESTERLY BOUNDARY LINE OF KIRKHAM ROAD, DEDICATED PER DEED RECORDED IN THE OFFICE OF SAID COUNTY RECORDER, MARCH 9, 1987 AS FILE NO 87- 122500 AND RE- RECORDED JUNE 5, 1987 AS FILE NO. 87- 313378, BOTH OF OFFICIAL RECORDS, EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 °00'00 ", A DISTANCE OF 46.34 FEET; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 1 AND SAID SOUTHWESTERLY BOUNDARY LINE OF KIRKHAM ROAD, SOUTH 76 °00'00" WEST, 12.00 FEET TO THE BEGINNING OF A NON - TANGENT 17.50 -FOOT RADIUS CURVE, BEING CONCENTRIC WITH SAID 29.50 -FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 76 °00'00 "WEST; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 90 °00'00 ", A DISTANCE OF 27.49 FEET TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND 12.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, TO SAID NORTHERLY BOUNDARY LINE OF PARCEL 1 AND SAID SOUTHERLY BOUNDARY LINE OF SCRIPPS POWAY PARKWAY; THENCE ALONG SAID PARALLEL LINE SOUTH 76 °00'00" WEST, 235.72 FEET TO THE BEGINNING OF A 2234.50 -FOOT RADIUS CURVE, BEING CONCENTRIC WITH SAID 2246.50 -FOOT RADIUS CURVE IN SAID NORTHERLY BOUNDARY LINE OF PARCEL 1 AND SAID SOUTHERLY BOUNDARY LINE OF SCRIPPS POWAY PARKWAY, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID 2234.50 -FOOT CURVE, THROUGH A CENTRAL ANGLE OF 9421 1 °53'40 ", A DISTANCE OF 73.88 FEET; THENCE RADIAL TO SAID 2234.50 -FOOT RADIUS CURVE, NORTH 15 053'40 "WEST, 12.00 FEET TO A POINT ON SAID 2246.50 -FOOT RADIUS CURVE, ALSO BEING A POINT ON SAID NORTHERLY BOUNDARY LINE OF PARCEL 1; THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF PARCEL 1 AND SAID SOUTHERLY BOUNDARY LINE OF SCRIPPS POWAY PARKWAY, EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1 °53'40 ", A DISTANCE OF 74.28 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. /O AND S(i r�2 ows J. MCA j 8762 m 1 21 /0- .18-Zo ll THOMAS J. McCABE, P.L.S. 8762 DATE LEGEND INA POB EXHIBIT "B" 9422 SHEET 1 OF 3 RIGHT -OF -WAY DEDICATION AREA INDICATES TITLE COMMITMENT ITEM NUMBER (SEE SHEET 2) KIRKHAM ROAD DEDICATED PER DEED RECORDED MARCH 9, 1987 AS FILE NO. 87- 122500 AND RE- RECORDED JUNE 5, 1987 AS FILE NO. 87- 313378 BOTH OF OFFICIAL RECORDS. INDICATES POINT OF BEGINNING. INDICATES ABUTTER'S RIGHTS IN AND TO SCRIPPS POWAY PARKWAY (FORMERLY SOUTH POWAY PARKWAY) RELINQUISHED AND WAIVED PER MAP NO. 12572 INDICATES LOT LINE — INDICATES EASEMENT LINE INDICATES CENTERLINE MAP NO. 11742 LOT 45 LOT 44 AY pARKR Mp,P NO 1, O� PE SCF, oEO�G00 SCALE 1"=100* R,OH(0 O� 23512 N1600 2 G4 2351 G2 105.6 cr 0 / 50 0 0 �8 N o. i NOTES 1. SEE SHEET 2 FOR VICINITY MAP. 2. SEE SHEETS 2 AND 3 FOR EASEMENT INFORMATION. G3 8 t- 7- � L1 32.5 R/W Q� w0 o. 0 °0.0,` PARCEL MAP NO. ISmm-i PARCEL 1 106 10, PLAT TO ACCOMPANY LEGAL DESCRIPTION SEAL: RIGHT -OF -WAY DEDICATION BM &WONG ENGINEERS & SURVEYORS 3434 Fourth Ave., San Diego, CA 92103 -5740 (619) 299 -5550 THOM %��� /D•/ g- Zo1 i McCABE, PLS 8762 DATE 5 O � � , a 1 O O r o O 1 d9 P , z 6 /O \-AND J. �� OOPS J. Mac L�.c V2 9�0 J ~ 8762 m OF LINE TABLE LINE LENGTH BEARING L1 12.00 S76'00'00 "W L2 12.00 N15'53'40 "W L3 - S76- 00'00 "W (R) L4 - 1 S76'00'00 "W R CURVE TABLE CURVE LENGTH RADIUS DELTA C1 46.34 29.50 90'00'00" C2 27.49 17.50 90'00'00" C3 73.88 2234.50 1-53'40 11 C41 74.281 2246.50 1'53'40" INDICATES CENTERLINE MAP NO. 11742 LOT 45 LOT 44 AY pARKR Mp,P NO 1, O� PE SCF, oEO�G00 SCALE 1"=100* R,OH(0 O� 23512 N1600 2 G4 2351 G2 105.6 cr 0 / 50 0 0 �8 N o. i NOTES 1. SEE SHEET 2 FOR VICINITY MAP. 2. SEE SHEETS 2 AND 3 FOR EASEMENT INFORMATION. G3 8 t- 7- � L1 32.5 R/W Q� w0 o. 0 °0.0,` PARCEL MAP NO. ISmm-i PARCEL 1 106 10, PLAT TO ACCOMPANY LEGAL DESCRIPTION SEAL: RIGHT -OF -WAY DEDICATION BM &WONG ENGINEERS & SURVEYORS 3434 Fourth Ave., San Diego, CA 92103 -5740 (619) 299 -5550 THOM %��� /D•/ g- Zo1 i McCABE, PLS 8762 DATE 5 O � � , a 1 O O r o O 1 d9 P , z 6 /O \-AND J. �� OOPS J. Mac L�.c V2 9�0 J ~ 8762 m OF EXHIBIT "B" 9423 SHEET 2 OF 3 PLAT TO ACCOMPANY LEGAL DESCRIPTION I SEA L: RIGHT -OF -WAY DEDICATION SURKM &WONG ENGINEERS & SURVEYORS 3434 Fourth Ave., San Diego, CA 92103 -5740 (619) 299 -5550 J. McCABE, PLS 8762 DATE �O AND 3� cv O�P� J Mc0 LF� `� 8762 m GITY OF TITLE COMMITMENT POWAY z 0 POWAY ROAD Cal WE pRIVE 4 I. EASEMENT INFORMATION STATED a o 570 �p HEREON IS PER FIRST AMERICAN TITLE 15 0� INSURANCE COMPANY COMMITMENT NO. SCRIPPS POWAY a NCS- 458935 —ATL, DATED MAY 20, PARKWAY 51TE 2011, UPDATED THRU MAY 17, 2011. % KIRKHAM J ROAD PLOTTABLE EASEMENTS VICINITY MAP NO SCALE 7O AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITIES AND INCIDENTAL PURPOSES, GRANTED TO PACIFIC BELL, A CALIFORNIA CORPORATION, RECORDED SEPTEMBER 15, 1987 AS INSTRUMENT NO. 87- 522311 OF OFFICIAL RECORDS. REFERENCE IS MADE TO THE SUBJECT DOCUMENT FOR FULL PARTICULARS. O ABUTTER'S RIGHTS OF INGRESS AND EGRESS TO OR FROM SCRIPPS POWAY PARKWAY HAVE BEEN RELINQUISHED ON THE MAP OF TRACT MAP NO. 12572 OF TRACT MAP RECORDED FEBRUARY 28, 1990. REFERENCE IS MADE TO THE SUBJECT DOCUMENT FOR FULL PARTICULARS. 10A AN EASEMENT FOR PUBLIC UTILITIES, GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED SEPTEMBER 18, 1987 AS FILE NO. 87- 530545 OF OFFICIAL RECORDS. REFERENCE IS MADE TO THE SUBJECT DOCUMENT FOR FULL PARTICULARS. 10B AN EASEMENT FOR PUBLIC UTILITIES, GRANTED TO PACIFIC BELL, RECORDED SEPTEMBER 6, 1991 AS FILE NO. 91-456675 OF OFFICIAL RECORDS. REFERENCE IS MADE TO THE SUBJECT DOCUMENT FOR FULL PARTICULARS. 12 A 10' WIDE PUBLIC UTILITY EASEMENT GRANTED PER MAP NO. 11742. REFERENCE IS MADE TO SUBJECT MAP FOR FULL PARTICULARS. PLAT TO ACCOMPANY LEGAL DESCRIPTION I SEA L: RIGHT -OF -WAY DEDICATION SURKM &WONG ENGINEERS & SURVEYORS 3434 Fourth Ave., San Diego, CA 92103 -5740 (619) 299 -5550 J. McCABE, PLS 8762 DATE �O AND 3� cv O�P� J Mc0 LF� `� 8762 m EXHIBIT "131) NON- PLOTTABLE EASEMENTS 9424 SHEET 3 OF 3 6O A NON— EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, CONSTRUCTION, MAINTENANCE AND REPAIR PURPOSES OVER SUCH PORTIONS OF THE COVERED PROPERTY, INCLUDING THE SLOPE AND LANDSCAPE MAINTENANCE AREAS, THE CITY REQUIRED MAINTENANCE AREA, THE RECREATIONAL AREAS OF ANY LOT, BUILDING, FACILITY OR OTHER IMPROVEMENTS LOCATED ON ANY LOT, AS MAY BE REASONABLY NECESSARY FOR APPROVING AGENT TO ENJOY ITS RIGHTS AND TO DISCHARGE ITS OBLIGATIONS, ALL AS DEFINED AND DESCRIBED IN A DOCUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR POMERADO BUSINESS PARK, SAN DIEGO, CALIFORNIA ", RECORDED MARCH 9, 1987, AS DOCUMENT NO. 87- 122504 OF OFFICIAL RECORDS. REFERENCE IS MADE TO THE SUBJECT DOCUMENT FOR FULL PARTICULARS. THE FOLLOWING DOCUMENTS DECLARING MODIFICATIONS THEREOF: DOCUMENT RECORDED DOCUMENT RECORDED DOCUMENT RECORDED DOCUMENT RECORDED DOCUMENT RECORDED DOCUMENT RECORDED DOCUMENT RECORDED MARCH 20, 1989 AS INSTRUMENT NO. 89- 140570 O.R. MARCH 14, 1990 AS INSTRUMENT NO. 90- 136400 O.R. DECEMBER 2, 1991 AS INSTRUMENT NO. 91- 061066 O.R. JANUARY 15, 1992 AS INSTRUMENT NO. 1992- 0023650 O.R. MAY 4, 1995 AS INSTRUMENT NO. 1995- 0188859 O.R. MAY 23, 1996 AS INSTRUMENT NO. 1996- 0262558 O.R. JULY 18, 1997 AS INSTRUMENT NO. 1997- 0341783 O.R. 11. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, AND COMMUNICATION FACILITIES, AND APPURTENANCES, GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY, RECORDED MAY 25, 1990, AS FILE NO. 90 -288 -3 OF OFFICIAL RECORDS. REFERENCE IS MADE TO THE SUBJECT DOCUMENT FOR FULL PARTICULARS. PLAT TO ACCOMPANY LEGAL DESCRIPTION (SEAL: RIGHT -OF -WAY DEDICATION ENGINEERS 8 SURVEYORS 3434 Fourth Ave., San Diego, CA 92103.5740 (619) 299 -5550 to - /�- Zvll OMA J. McCABE, PLS 8762 DATE AND J. j ~ 8762 O p �k