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Grant of Temporary Construction Easement for Pathway Improvements 2017-0307608RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 AP N: 321-020-55 DOC# 2017-0307608 Ililll II11111111IIIII Ilil 111111 lilll IIIII IIIII IIIII IIIII IIIII IIV IIII Jul 07, 2017 02:17 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES:5 (This space for Recorders Use) GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR PATHWAY IMPROVEMENTS The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R 8 T Code 11922 (conveyance to a Government Agency) Russell P. Wolfkiel and Yumiko Wolfkiel, husband and wife as community property with right of survivorship (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 14836 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 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. Dated this / ZTH day of 1L-k►DE , 2017 Property Owner: Russell P. Wolfkiel and Yumiko Wolfkiel, husband and wife as community property with right of survivorship By: - Russell P. Wolfkie Notarize) By: Yumiko Wolfkiel (Notarize) Approved as to Form Office of the City Attorney L6� Morgtv ley, Ci Attorney �C.`,� O r71bgY CERTIFICATE OF ACCEPTANCE Street Right -Of -Way This is to certify that the interest in real property conveyed by the deed or grant dated jcAre. c—tS 2017, from Russell P. Wolfkiel and Yumiko Wolfkiel, husband and wife as community property with right of survivorship, 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: & ZS Seal: CITY OF POWAY By: EA'bert J. Manis, irector of Development rvices EXHIBIT A LEGEND APN 321-020-55 NO EASEMENTS LISTED CHICAGO TITLE REPORT 73714001721-rcm * = RS 1673 TO COUNTY OF SAN DIEGO BY DEED 65-217729 [� PROPOSED PATHWAY 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 SCALE: 1"=60' Michael Baker International 9755 Clairemont Mesa Blvd., San Diego, CA 92124 (858)614-5000 JN 144696 WE Elm w Z J Z O_ H U N v * 1 37 30' 1 30 Ln M N M (o APN: 321-020-55 14836 ESPOLA RD VESTING:RUSSELL P. & YUMIKO WOLFKIEL ELY 200' OF NLY 108', SLY 414.04' PORTION E1/2,NE1/4,SW1/4 SEC. 6 DATE: 01.18.2017 1 SHEET 1 OF 1 217.79' 0 NI 321-020-66 0 0 N _ _ _ _ _ _ _ _ _ _ _ — I_ - 1 321-020-55 WOLFKIEL BY DEED I 2009-0488241 \ o LIMITS OF TEMPORARY a - CONSTRUCTION EASEMENT V) I APPROX 431 SF \ I 200' Z 0 I PATHWAY 7' iT PROPOSED J _ IU) I I 0 321-020-56 SCALE: 1"=60' Michael Baker International 9755 Clairemont Mesa Blvd., San Diego, CA 92124 (858)614-5000 JN 144696 WE Elm w Z J Z O_ H U N v * 1 37 30' 1 30 Ln M N M (o APN: 321-020-55 14836 ESPOLA RD VESTING:RUSSELL P. & YUMIKO WOLFKIEL ELY 200' OF NLY 108', SLY 414.04' PORTION E1/2,NE1/4,SW1/4 SEC. 6 DATE: 01.18.2017 1 SHEET 1 OF 1 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 06/12/2017 before me, Sas h'll r &Fe of ccind, Note � (AU 1 ren. ego! Ike IEr�r.6 r, personally appeared Russel P. Wolfkiel and Yumiko Wolfkiel who proved to me on the basis of satisfactory evidence to be the person sDwhose name se is re subscribed to the within instrument and acknowledged to me that he/she4flD executed the same in his/he el uthorized capacity§EDX and that by his/her el signatureQ on the instrument the persono, or the entity upon behalf of which the person Dacted, 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 rr� and official seal. )))^�-� Commission No 2195589 z ESS my hon b('=.rl,issfl U �m" P.) NOTARY aURLIGCALIFORNIA n WIT ?lr:. SAN DIEGO COUNTY v ,r cup Comm E.oira MAY !. 2021' Notary P Jic Signature P!�:�(Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (ritle at 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 Ie ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other wvnn.NotaryClasses.com BOG -873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM ON This form complies with current California statutes regarding nourry wording and, if needed should be completed and attached to the document. Acknowledgments from other scores ran• be compleredfor documents being sent to that state so long as the wording dots not require the California notary to violate California notary law. • Slate and County information must be the State and County wit= the document signets) personally appeared before the notary public for acknowledgment. • Date of notarization most be the date that the signals) personally appeared which must also be the some 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 nano(s) of document signals) who personally appear at the time of notarization. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.e. hetshch1w?, is /ere ) or circling the correct fors. Failure to correctly indicate this information 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 diflererlt acknowledgment for. • Signature of the notary public most match the signature on file with the once 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 doe. re Indicate the capacity claimed by the signm. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO. Secretary). • Securely attach this document to the signed document with a staple.