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Grant of Street Right-of-Way 2014-0548581GRANT OF STREET RIGHT -OF -WAY NO DOCUMENTARY TRANSFER TAX DUE Lowe's Home Centers, LLC, a North Carolina limited liability company, property owner (hereinafter "GRANTOR "), hereby dedicates 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 temporary privilege and right to use such portions of GRANTOR's adjacent property as necessary for the construction of drainage structures, utilities and street improvements within the herein described Right -of -Way. 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 --AL day of � 2014 OWNER: Lowe's Home Centers, LLC By: Date: G E. att Its: Senior Vice President Approved as to Form: Office of the City Attorney � p Mo Foley, City Attorney // -,/V Date I y-Jg5 D Q C ## 2014- 0548581 1111111111111111111 11N 1111111111 1 11111111111111111111111 DEC 12. 2014 9:57 AM OFFICIAL RECORDS RECORDING REQUESTED BY: SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER CITY OF POWAY FEES: 0.00 OC: NA AND WHEN RECORDED MAIL TO PAGES: 5 CITY CLERK 1111111111 IN IN CITY OF POWAY � P.O. BOX 789 POWAY CA 92074 n (TMs space for Recorder's Uae) GRANT OF STREET RIGHT -OF -WAY NO DOCUMENTARY TRANSFER TAX DUE Lowe's Home Centers, LLC, a North Carolina limited liability company, property owner (hereinafter "GRANTOR "), hereby dedicates 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 temporary privilege and right to use such portions of GRANTOR's adjacent property as necessary for the construction of drainage structures, utilities and street improvements within the herein described Right -of -Way. 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 --AL day of � 2014 OWNER: Lowe's Home Centers, LLC By: Date: G E. att Its: Senior Vice President Approved as to Form: Office of the City Attorney � p Mo Foley, City Attorney // -,/V Date I y-Jg5 STATE OF NORTH CAROLINA ) ss COUNTY OF WILKES ) This Z day of M" 1 2014, personally came before me !'mru E. h4t4t - /who being by me duly sworn, says that he is Sr. Vlkz Presrdst_ of LOWE'S HOME CENTERS, LLC, and that said instrument was signed on behalf of said corporation by its authority duly given, and he acknowledged said instrument to be the free act and deed of said corporation. Witness my hand and official seal this day of My commission expires: ��r 3 E>� e_Ad---) Notary Public t� v Printed Name: ilp _ en j' Tanya C. Ben feld Notary Public [NOTARY SEAL] Surry County, NC Commission Expires October 9, 2016 EXHIBIT `A' ALL THAT PORTION OF PARCELS I AND 2 OF PARCEL MAP NO. 12797, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8, 1983 AS INSTRUMENT NO. 83- 232650 OF OFFICIAL RECORDS, AND PARCEL 1 OF PARCEL MAP NO. 13608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 24, 1984 AS INSTRUMENT NO. 84- 477942 OF OFFICIAL RECORDS, BOTH MAPS BEING IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: PARCEL A COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 12797, SAID POINT LYING ON THE NORTHERLY 50.00 FOOT RIGHT - OF -WAY OF POWAY ROAD; THENCE EASTERLY ALONG SAID RIGHT -OF- WAY OF SAID POWAY ROAD OF SAID PARCEL MAP NO. 12797, SOUTH 88°42'02" EAST (SOUTH 88 °42'38" EAST PER PM12797) A DISTANCE OF 166.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT - OF -WAY NORTH 46 017'58" EAST A DISTANCE OF 28.28 FEET; THENCE SOUTH 88 042'02" EAST A DISTANCE OF 67.15 FEET; THENCE SOUTH 43 °42'02" EAST A DISTANCE OF 28.28 FEET TO SAID RIGHT- OF-WAY AND TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE WESTERLY ALONG SAID RIGHT -OF -WAY NORTH 88 042'02" WEST (NORTH 88 °42'38" WEST PER PM12797) A DISTANCE OF 107.15 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINS ±1,743 SQ. FT. PARCEL B COMMENCING AT THE POINT DESIGNATED IN PARCEL A ABOVE AS POINT 'A'; THENCE EASTERLY ALONG SAID RIGHT -OF -WAY OF SAID POWAY ROAD OF SAID PARCEL MAP NO. 12797, SOUTH 88 °42'02" EAST (SOUTH 88 042'38" EAST PER PM12797) A DISTANCE OF 122.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT -OF -WAY NORTH 68 047'58" EAST A DISTANCE OF 15.68 FEET; THENCE SOUTH 88 °42'02" EAST A DISTANCE OF 73.52 FEET; THENCE SOUTH 66 °11'32" EAST A DISTANCE OF 15.67 FEET TO SAID RIGHT -OF -WAY; THENCE WESTERLY ALONG SAID RIGHT -OF -WAY NORTH 88 °42'02" WEST (NORTH 88 °42'38" WEST PER PM12797) A DISTANCE OF 102.49 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINS ±528 SQ. FT. Michael D. Levin C No. 6896/. EXHIBIT "B" SHEET 1 OF 1 517FE 7 DED /CAAONS ARV J17- 1,10 -56, 57 & 61 — — — — — — — — — — — — — — I LEGEND I I I BrTE ED GAL DESCR /B I I I I LINE TABLE - - - - -- I I A0 BEARING LENGTH SCALE.- 1'=100' I L I --1 -------------------- - 28--.28' - --- — N46 °17 ;68 E � I I 12 598 '421021F 67.15' L,T 54J 42'02 E 28.28' I 14 N68 47 58 E 15.68' I � \c I PARCEL MAP 13608 I L5 589'42'02'E 73.52 " Z6 566 011 :T2 E 15.67' I I QP� J I PARCEL 1 SAND s�PG Michael D. Levin � I I PO /NT OF COMMENCEMENT 6896 �Q I I I qTF OF CA��F�� I I TRUE PO /NT OF BEGINNING TRUE PO /NT OF I PARCEL A BEGINNING I PARCEL A i LJ PARCEL B I PARCEL B I L1 I L2 POINT W L4 166.10' 122.18" L5 L6 172.98_ o 107. 15 " 102.49 " h S88 42 02 F 670.90 " h (SBBI 42 ie E 670.91 ' PER P4112797) _ �_ POWAY ROAD CERTIFICATE OF ACCEPTANCE Grant of Street Right -of -Way AM: 317 - 130 -56, 317 - 130 -57 and 317 - 130 -61 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Street Right -of -Way, described in the attached document dated: I from Lowe's Home Centers, LLC, a North Carolina limited liability company, (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, Dated:(LA tcy0x0-ie_ q,lcrl y CITY OF POWAY Seal: By: a 41.f1I3 . C&&,, S ila R. Cobian, CIVIC, City Clerk