Grant of Easement Soundwall 1991-0526945
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RECORDING REQUESTED BY: )
)
CITY OF POWAY )
) - ~ '":-",' ; '~f I
AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 ) 'k
POWAY, CA 92064 ) I\<~
(This space for Recorder's Use)
This document affects APN 317-323-06 ~'
GRANT OF EASEMENT ~ ~~
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SOUNDWALL ~sittt 1 ... ~.
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Ruth M. Marx, Trustee of the Ruth M. Marx Living Trust, Robert
Michael Saylor, Garry W. Saylor and Sylvia A. Saylor (hereinafter
collectively called the "GRANTOR"), hereby grants to CITY OF
POWAY, (hereinafter "GRANTEE"), its successors, or assigns, the
following described easement for a right of way, in, upon, over,
under, and across the lands described below, to erect, construct,
reconstruct, replace, repair, maintain, and use a soundwall and
drainage, together with such fixtures and structures, at such
locations and elevations, upon, along, over and under the right
of way described below as GRANTEE may now or hereafter determine
without any additional compensation therefor, together with the
right of ingress and egress from the easement by a practical
route or routes in, upon, over, or across the land described
below, together with the right to use this easement for access to
GRANTEE's right of way situated in adjacent lands, without any
additional compensation therefor. GRANTEE shall obtain the
approval of GRANTOR before commencing a major modification to the
soundwall or drainage structure, provided such approval shall not
be unreasonably withheld by the GRANTOR.
The land encompassing this easement is situated in the
County of San Diego, State of California, and is more
particularly described as follows, to wit:
(See Exhibit "A" attached hereto and made a part hereof)
Said easement of right of way in the aforesaid lands is
particularly described as follows:
(See Exhibit "B" attached hereto and made a part hereof)
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1113
GRANTOR, its heirs, successors and assigns shall not erect or
construct or permit to be erected or constructed any building,
structure, or improvement, or plant any tree or trees or plant
any other vegetation or flora within said easement without the
express written approval of the city of poway as evidenced by the
signature of the Director of Public Services on an approved plan.
GRANTOR, its heirs, successors and assignees shall not dig or
drill any hole or wells on any portion of the easement.
GRANTEE may use all gates and fences which, now or later, cross
any portion of the easement. GRANTEE shall also be entitled to
trim, cut, or clear away or remove any trees, brush, or other
vegetation or flora encroaching on the easement from time to time
as GRANTEE determines in its sole discretion without any
additional compensation.
GRANTOR agrees that no other easement or easements shall be
granted on, under, or over this easement without obtaining the
prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change
the location of the facilities within the boundaries of the
easement right of way, or modify the size of existing structures
or other improvements as it may determine in its discretion from
time to time without paying any additional compensation to
GRANTOR or GRANTOR's heirs, successors, or assigns, provided
GRANTEE does not expand its use of the easement beyond the
easement boundaries described above. GRANTEE shall obtain the
approval of GRANTOR before commencing a major modification to the
soundwall, provided such approval shall not be unreasonably
withheld by the GRANTOR.
It is also understood and agreed by the parties that the GRANTOR
and the GRANTOR's heirs, successors, or assigns, shall not
increase or decrease or permit to be increased or decreased the
existing ground elevations of the above described easement which
exists at the time this document is executed without obtaining
the prior written consent of the GRANTEE. GRANTEE shall not
alter the ground elevation from the approved plans for the
soundwall and drainage structure without the prior consent of the
GRANTOR, provided such approval shall not be unreasonably
withheld by the GRANTOR.
In the event of any dispute involving this Agreement, whether or
not litigation is commenced, or if any arbitration proceeding,
administrative proceeding or litigation in law or inequity,
including an action for declaratory relief, is brought to
enforced or interpret the provisions or performance of this
easement, the prevailing party shall be entitled to an award of
all attorney's fees and the costs of the proceeding, which shall
be determined by the court or the presiding officer having
authority to make this determination.
2
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11.14
GRANTOR expressly warrants and represents that GRANTOR has the
power to grant this easement in accordance with its terms.
IN Wlf.rNESS WHEREOF, the GRANTOR has executed this Easement this
9 - day of /10 vE'M6'~ 19 '7".
M. Marx, Trustee of the Ruth M.
Marx Living Trust
MJ.chael Saylor
S~~~l~
f This is to celtily lIIat the interest in real property coll1tyed
by the deed Of grant dated r 1-'\ -'1 0 from ~'(utt.. 1Yi. (ly;. d I
G ..os K" ~ S Iv" A ~Id
,'^ y '''\ ",1M , bcA I ,ch",,\ ""-1loc , "\ to the City
of Poway, a political corporat;"" And/or governmental agency
is hereby accepted by the ""eersignCti ofi,cer or 3""nt on be-
half of the City Council pursuant tu ~'JthOlity conferred IIy
Resolution No. 34 adopted on Jancary 23, 1981 and the
graatee consents to recordJtion thereof by its duly authorized
officer.
Dated: I G - Ii 'i I 1lJ') Y!~kc K ;;JVCV~\ Lv..
\
) STATE OF CALIFORNIA }" (Individual)
: COUNTY OF San Diego
On )J%1~ x.IC,'C(d before me, the undersigned, a Notary Public in and for said State. personally appeared
.
" - - Ruth M. Marx - -
ffi ~ personally known to me 0 proved to me on the basis of satisfactory
I
"
. evidence to be the person(s) whose name(s) is subscribed IThis AreB lor official notar;al seal) -
~
" to this instrument and acknowledged that she executed
j the same. OfFICIAL SEAL
. LOTIlE JANE STRACHAN
WITNESS my hand a
NOTARY PUBLIC eAUFORNIA
Signature PRINCIPAL OfFICE IN
SAN DIEGO COUNTY
FORM 211IAev 6/82) Lottie My CommiSWn Exp. October 6. 1912
-
INDIVIDUAL ACKNOWLEDGMENT NO. 201
Stateof . GL;~~',Q' 111 ~n this the 9"" day of /'J. ~ her- 1990, before me,
County of . ~VJ <D/~9U }ss, G7117 J5.rnMW
the undersigned Notary Public, personally appeared
(;>,4 ~ I€v 0. 0A "Lo~
. -
@-- u ~t:l~v"g.lly h.IIVyv.,ls Ffi1S
. -.. CATHY BROKAW Af proved to me on the basis of satisfactory evidence
'~,,; NolIIy Pl~"','"
" SAN DIEGO CClUN1Y to be the person(lo[whose nam~ 1:S subscribed to the
. .. ..', My Comm. Exp, May 14. 1993 within instrument, and acknowledged that j,,,, executed it.
. WITNESS my hand and official seal.
, Notary's Signature q ~...d_~
ATTENTION NOTARY: Although the information requested below is OPTlONAL, it could prevent frauduleflt attachment of this certificate to another document.
THISCERTIRCATE Title or Type of Document ~.a/l 7' Dj:: ~ AJE JnE"/'IJ7
MUST BE ATTACHED Number of Pages S Date of Document / /- <;-90
TO Tl-IE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ;fl.i~ j .I?1.aA" "; /f 0';' E A! '7 /n.....s.,q Y (,,0.-(
-S'V..I. UIA A.S,4YC.c.A ./
7100-010 c NATIONAL NOTARY ASSOClATlON-8236RemmetM. -P.O. Box 7184-CInlg&PlIrk, CA 91304-7184
---------
INDIVIDUAL ACKNOWLEDGMENT MJ.201
CIJF'oA,vJ;) ~
State of }ss. On this the 9 - day of /?O\J<-I.u- 1990, before me,
. County of S4~ V/~tro C-rhy v1:..0IrAW ,
the undersigned Notary Public, personally appeared
~6~'T .In. SQyJo~
o pprc-n"<>lIy 1.-""",.," t.... m.c
@ -..- ~ proved to me on the basis of satisfactory ~vidence
. CATHY BROKAW
, .. NoRy PubIfo.CIlIfOl,.. to be the person(\jl'whose nameJlll 1$ subscribed to the
" SAN DIEGO COUNlY within instrument, and acknowledged that he..... executed it.
. .. . ' My Comm, Exp. May 14, 1993 WITNESS my hand and official seal.
, Notary's Signature Q, ~__i'.J
ATTENTION NOTARY: Anhough the informatioo requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
Title or Type of Document (;;'A~T o~ E PIS E ,me,;,) r
THIS CERTIRCATE ...s' / /- ?-'j<a
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT Signer(s) Other Than Named Above .-fvr.t. /n_ /""" 4}. JA ' -
DESCRIBED AT RIGHT:
~"" I..;" A. ..s;.-.. ~'
7100-010 @ NATIONAL NOTARY ASSOCIATION. B236 Remmel: 1418.. P.O. Box 7184. Canoga Plar1I;, CA 913)4-7184
INDIVIDUAL ACKNOWLEDGMENT NQ.201
State of CLlt:o/VVla }ss. On this the 9~ay of /JotlcrnJ!S€~ 1990, before me,
County of SA/I "DIE&o l;"TH)' <..&e>k.4w
the undersigned Notary Public, personally appeared
$Y'-1/ /,::J A. 5.4 !ILeA?
tSI f38FSQRalt' hRs" R 18 ffie
@-- prr proved to me on the basis of satisfactory 7vidence
.-.. CATHY BROKAW to be the person~ whose name~ l..s subscribed to the
.' NolIIy PlIIIIic CloIIIt..,.... within instrument, and acknowledged that S .A ..e.- executed it.
SAN DIEGO CClUN1Y
. .. My Comm. Exp. May 14, 1993 WITNESS my hand and official seal.
C~ ~6-.~--.,-
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
Title or Type of Document C__~ ~p E: A:>E.w> ejl"T
THIS CERTIRCATE ...s //-"1-90
/ MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT Signer(s) Other T~an Named Above R I..r1""h fnfJ,Q,)c . RnllEte7 /'n. S..oyLOI't'/
DESCRIBED AT RIGHT:
. w. .r~,,'A?
7100-010 Cl NATIONAL NOTARY ASSOCIATION. 82J6 Remmet /we.. P.O. Box 7184. Canoga PaIk, CA 91304-7184
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, - - 1116
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EXHIBIT" A"
LEGAL DESCRIPTION
SOUNDWALL AND DRAINAGE EASEMENT - A.P.N. 317-323-06
THAT PORTION OF LOT 29 OF POMERADO GARDENS ACCORDING TO MAP THEREOF
NO. 4282 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY JULY 29, 1959 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 29, SAID CORNER
BEING A COMMON CORNER WITH LOT 28 OF SAID MAP NO. 4282' ON THE
SOUTHEASTERLY -LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD AS
DEDICATED PER SAID MAP NO. 4282; THENCE LEAVING SAID RIGHT-OF-WAY
OF POMERADO ROAD, ALONG THE LINE COMMON TO SAID LOTS 28 AND 29,
SOUTH 57.37'49" EAST (RECORD S. 5S.04'E.) 7.00 FEET; THENCE LEAVING
SAID COMMON LINE, SOUTH 32.22'11" WEST 70.00 FEET TO A POINT ON THE
LINE COMMON TO LOT 30 OF SAID MAP NO. 4282 AND SAID LOT 29; THENCE
ALONG SAID COMMON LINE NORTH 57" 37 '49" WEST (RECORD S. 58.04'E.)
7.00 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-
WAY OF POMERADO ROAD; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH
32.22"11" EAST (RECORD S. 31.56'00" W.) 70.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT HAS AN AREA OF 0.011 ACRE, MORE OR LESS.
THIS EXHIBIT
DESCRIPTION,
lS 5292
B[/MMA/LH
/~ /LH
1 -8-89
IN 5532-63
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EXHIBIT 1181/
( ~ rt. POME~~DO ~OAO
SCALE: &:'.1 /"= 40 '
~ ,po..e. #lt7ST ;';ZY
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\" MAP)/.E 4e8'2 ~
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TABULA TED DATA
M::? DIST 8EARI;..!6
71 7.00' /V670.!J7~g-W
T'Z. 70.00' f/:3Zo'Z"Z'llc ~ <::)
t... I3UCKSK/}'l T/'?A/L ")
LEt3ENO
I:::(:::}}}}}{((l........./NDICATES .sOUH,oWALL AN'O DRA/)./.4GE EASEMENT
DEDICATEO (AX'6A = 0.0// 4CX'E5)
SOU/JOWALL AND DRAINAGE EASEMENT
IN LOT -Zg Or POMERA,oO 6AR,OGVSJ MAP J../.o 428'2.
B VTH, Sout""-t, Inc.
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11.18
EXHIBIT "D"
CERTIFICATE OF NON-FOREIGN STATUS
(I~DIVIDUAL TRANSFEROR)
Section 1445 of the united States Internal Revenue Code provides
that a transferee ("Buyer") of a U.S. real property interest must
withhold tax if the. transferor ("Seller") is a foreign person.
Sections 18805 and ?6131 of the California Revenue and Taxation Code
provide that a Buyer of a California real property interest must
withhold tax 'rf withholding is required by Section 1445 of the
United States Internal Revenue Code.
To inform the Buyer that withholding of tax is not required upon
my disposition of a U.S. real property interest, I hereby warrant,
represent and certify the following:
1. I am an individual and my name is Mike Saylor.
2. I am not a nonresident alien for purposes of U.S. income
taxation (that is, I am either (i) a u.s. citizen or (ii) a resident
of the United States for purposes of U.S. income taxation).
(3;J My U.S. taxpayer identifying number (Social Security
numbet') is <;t:;.(-31- (t11/ .
C5 My home address is i7.:I/l. P.~(I(\J( ",) ---ri?A,/ M,^lt,~ a ,
I understand that this certification may be disclosed to the
Internal Revenue Service by the Buyer and that any false statement I
have made herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this
certification and to the best of my knowledge and belief it is true,
correct and complete.
D.to, IH-10 ~ ~
e Saylor
"EXHIBIT "D"
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