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Grant of Right-of-Way, Slope Easement, Temporary Construction Easement for Sound Wall (Pomerado Road) 2000-05002852267 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC 2000-0500285 Sep 19, 2000 8:55 AH 000- 5 85 ) Tax Parcel No. GRANT OF RIGHT-OF-WAY, SLOPE EASEMENT, TEMPORARY CONSTRUCTION EASEMENT FOR SOUND WALL (POMERADO ROAD) (hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), ' or assigns, the right-of-way and incidents thereto for construction of a sound wall and landscaping upon, over and across that certain real property in the City of Poway, County of San Diego, State of California, described as follows: (See Parcel 1, attached Exhibits A and B) The GRANTOR, hereby further grants to the City of Poway the privilege and right to extend excavation and embankment slopes within the limits of the herein described right-of-way, where required for the and maintenance of said sound wall and City street. In addition, the GRANTOR hereby further grants to the City of Poway the privilege and right to landscape and maintain the slop : as described in Parcel 1. The City will install and maintain landscaping as shown on landscape plans for Pomerado Road Improvements of 2000. 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, together with the right to use th such :t at such locations as said GRANTEE may deem proper, needful "y, in the construction, reconstruction, improvement or maintenance of said highway. The GRANTOR, for him/herself, his/h assigns, hereby 2268 claim for any and all damages to GRANTOR's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, landscaping F said highway. The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and construct necessary related imp part of the proposed process. This Temporary Construction Easement, as described in the attached Exhibit as Parcel 2, shall be valid only until the construction has been accepted by the GRANTEE. After such time, the Temporary Construction Easement shall b I and void. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this day of 5TH 2000. Thomas Anthony Dalbe.¥_., \ v Lu~c~lle Dalbey ( 2269 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of personally appeared ss. before me ~/~' e~vPrOved to me on the basis of satisfactory dence to be the perso (~whose narr~ is~ subscribed to the within instrument and the same in his/heC'f~ authorized capacit~ and that by his/he~ signaturef/.A~ ' the entity upon behalf of which the persorl.~ acted, OPTIONAL Title or ~rnent Signer(s) Other Eq Individual ~ Title(s): [] Partner-- [~ Limited ~ General L~ [J Trustee [] Other: 2271 EXHIBIT "B" HALPER ROAD Il" MAP LoT ,cO SEE DETAIL P.O.B. ~ POINT OF ~;....'..' '..'.~j'.'.~.~/'.~..~ J TERMINUS PCL 1 POMERADO ROAD ~.~.~~CLENOAK RD. POWAY ROAD VICINITY MAP 8.24'. ~l 2.32' L NO SCALE 2.00' DENOTES PARCEL 1 845 SO.FT. DENOTES PARCEL 2 Fl~~~////.d 432 SO.FT. 2.00' Exlm 6,/30/' v~.,~:- 2ooo. ) SHOWN HEREON ARE DERI'CED FROM RECORD DATA Services, Inc. Lan Surveying 4167 AVENIDA D LA PLATA, SUITE 114, OCEANS .E, CA. 92056 (760) 752-1566 ACA FNAME: POMERADO_WALL.DWO CITY OF POWAY EASEMENT PLAT A.P.N.: 314- 313- 01 AS ANTHONY DALBEY &: LUCILLE DALBEY HUSBAND AND ~FE AS JOINT TENANTS I /,o/oo I ~ OF ~ 2272 CERTIFICATE OF ACCEPTANCE This is to certi~ that the interest in real property conveyed by the dee~d o.r g,rant dated: ~ep~emDer 5, 2000 from Dalbey to the City of Poway, a political corporation and/or 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: September 14, 2000 B~-~9~)6~' (~ ,~ ,-,,~.0_ Lori ~nne Peoples, City CI6rk