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Grant of Temporary Construction Easement for Pathway Improvements 2017-0307609RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY. CA 92074 APN: 321-020-41 DOC# 2017-0307609 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jul 07, 2017 02:17 PM OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES:6 (This space for Recorder's Use) GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR PATHWAY IMPROVEMENTS The undersigned grantor(s) declares: Documentary Transfer Taxis $ -0- pursuant to R 8 T Code 11922 (conveyance to a Government Agency) David L. Haessig and Cathy Haessig, Co -trustees of The Haessig Living Trust Dated February 6, 2012, (hereinafter GRANTORS), hereby grants to CITY OF POWAY (hereinafter GRANTEE), its successors, or assigns, the privilege and right to temporarily extend excavation and embankment slopes within the limits of the herein shown on Exhibit A, a Temporary Construction Easement, where reasonably required for the construction and maintenance of that certain pathway as more particularly shown on Exhibit A, upon, over and across that certain real property in the City of Poway, County of San Diego, State of California, commonly known as 14802 Espola Road and more fully described as follows: (See attached plat on Exhibit A. which is made a part hereof) The GRANTORS, for him/herself, his/her successors and assigns, all trustors, trustees, and beneficiaries, hereby waives any claim for any and all claims for severance damages to GRANTOR's remaining property contiguous to the Temporary Construction Easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said easement. The GRANTORS hereby further grants to GRANTEE the right to temporarily enter the Temporary Construction Easement and construct such related improvements reasonably necessary as part of the proposed construction process. This Temporary Construction Easement, as described, shall be valid only until the construction has been accepted by the GRANTEE. After such time, the Temporary Construction Easement shall terminate and become null and void. This Temporary Construction Easement shall be effective the date that it is recorded with the office of County Recorder for San Diego County (the "Effective Date"), and shall terminate upon the date that the GRANTEE has recorded a Notice of Completion for the pathway described herein; provided, however, that in no event shall it remain in effect after the expiration of three (3) years from the date of the Effective Date. The GRANTEE hereby covenants and agrees to record such document or documents reasonably necessary to release its interest in this Temporary Construction Easement upon its termination. Nothing in this Temporary Construction Easement shall be construed to create any right on the � I-D5a part of GRANTEE to install upon, over, under, or within the Temporary Construction Easement any permanent telecommunication or energy utility facilities. Dated this day of 2017 Property Owner: David L. Haessig and Cathy Haessig, Co -trustees of The Haessig Living Trust Dated February 6, 2012 0 M Approved as to Form Office of the City Attorney Mor n L. oll' Cii Attorney David L. Haessig (Notarize) deed CERTIFICATE OF ACCEPTANCE Street Right -Of -Way This is to certify that the interest in real property conveyed by the or grant dated �IAhQ 2� 2017, from David L. Haessig and Cathy Haessig, Co -trustees of The Haessig Living Trust Dated February 6, 2012, to the City of Poway, 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. 17-007, adopted on April 18, 2017, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 619, 11-7 Seal: 3 CITY OF POWAY By: A& Obert J. M nis Director of Development rvices EXHIBIT A LEGEND APN 321-020-41 EASEMENTS PER TITLE CHICAGO TITLE REPORT 73714001680-rcm 4. ROAD ESMT 8144 P 206(SLY20') 5. ROAD ESMT. B257 P 91(NO LOCATION) 6. ROAD ESMT. B 556 P 228 (RS335) 8. RD.UTIL ESMT 60-132932 * = RS 1673 TO COUNTY OF SAN DIEGO BY DEED 66-127621 ( ) RECORD PER ROS 21481 LPROPOSED PATHWAY 1 7' WIDE TYPICAL THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. G . LS 6052 321-020-56 S LINE NE1/4, SWI/4 321-291-52 Michael Baker International 9755 Clairemont Mesa Blvd., San Diego, CA 92124 (858)614-5000 JN 144696 N _(N88'45'03"W —93.41') 321-020-41 HAESSIG BY DEED 2012-0084820 PATHWAY 7 PROPOSED 1, TEMPORARY -) CONSTRUCTION EASEMENT APPROX. 198 SF IN ®® (N88'45'03 93.38') w 30' 1 30' LO ]O],, In W '* 1 37'* I w U N u TEMPORARY CONSTRUCTION EASEMENT APN: 321-020-41 14802 ESPOLA RD VESTING:DAVID L./CATHY HAESSIG,TRUSTEES ELY 110' OF SLY 198.04' DATE: 01.18.2017 1 SHEET 1 OF 1 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On I Ifte_ 61 2-01 -4- before me, Nicole Murphy, Notary Public (insert name and title of the officer) personally appeared (i1L who proved to me on the basis of s isfactory evid2 a to be the person(6j whose name(s7is/ subscribed to the within instrument and acknowledged to me that he/she/tATy executed the same in his/her/their authorized capacity(jW, and that by jzis/herixk€ir signaturerW on the instrument the person(,s�, or the entity upon behalf of which the personal 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 and official seal. Signature (Seal) NICOLE MURPHY Notary PuD1ic - California San Diego County Commission • 2192438 My Comm. Expires May 17, 2021 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego } On June 9, 2017 before me, Jasmine L. Pemicano, Notary Public e personally appeared David L. Haessig who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that i(EaShe/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. JASMINE L. PERNICANO WITNESS my hand and official seal. r "i�?, Commission No 2195599 • U ••te : �:� NOTARY PU aIIf,.CALIFOR NIA zsrbi r. /� � \•Z t• SAN DIEGO COUNTY Atr Cwnm Envies MAY S. 2021• Notary Pu I c Signatur (Notary Public Sealj•'�� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title a description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact p Trustee(s) ❑ Other www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This fornt complies with currem California statures regarding notary it ording and. if needed, should be completed and attached to the document. Acknotrledgments front other states mar be completed far documents being sent to that stare so long as the wording does not require the California notary to violate California notary laic. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization most be the date that the signa(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wsheldw5- is /are ) or circling the correct forms. Failure to correctly indicate this informmion may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Smi-many). • Securely attach this document to the signed document with a staple.