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Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2006-0045767 ., - r - · : DO~ # 2006-0045767 ... 1111/11111111111111111111111111111/11l1li11111111111111111111111111111 RECORDING REQUESTED BY ) , JAN 20, 2006 2:23 PM ) _ OFFICI.i-I,L RECOR[I~, ~'::'N ~IIEC10 CCIUr'JT'1 RECOF:CIER'S OFFICE CITY OF POWAY ) bFIEL,OFI', ,I ',IIITH,COUIIT', RECiJF:C'ER ) FE~', uoo UL. r'll:. WHEN RECORDED RETURN TO') POGE'is CITY CLERK 1047 6 ~, 11111111111111111111""1111111111111111111111111111111111111111111111111111"" (AJ CITY OF POWAY ) 2006-0045767 ~ POBOX 789 ) </;~ ~ POWAY, CA 92074 ) \)0~r (For Recorder's Use Only) 'k o Tax Parcel No 314-573-16 GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SOUND WALL (COMMUNITY ROAD) No Documentary Transfer Tax Due Patrice Alves, An Unmarried Woman, (hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its successors, or assigns, the permanent sound II)Iall and landscape maintenance easement 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 'A" and 'B', 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 easement, where required for the construction and maintenance of said sound waiL In addition, the GRANTOR hereby further grants to the City of Poway the privilege and right to landscape and maintain the easement as described in Parcel 'A' The City will install and maintain landscaping as shown on landscape plans for Community Road Improvements. The GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereafter'groll)ll, aild existing wall materials within said easement, together with the right to use the same iil such manner and at such locations as said GRANTEE may deem proper, needful or necessary, 'in the construction, reconstruction, or maintenance of said easement. The GRANTOR, for him/herself, his/her successors and assigns, hereby waives any claim for any and allseveranc~ damages to GRANTOR's remaining property contiguous to the easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said easement. th-o:f6 , . . 10477 The GRJ\NTOR hereby further grants to GRANTEE the right to temporarily enter and construct necessary related improvements as part, of the _proposed construction process. This Tempora-ry Constn.Jdio[l Easement, as described in the attached Exhibit 'A' as Parcel 8, shall be valid ohjyuntn the construction has been accepted by the GRANTE_E After such time, the Temporary Construction Easement shall become null and void TNESS WHE,REOF, the GRANTOR h" ~th;' '"emeollh;, j,P fb d,y r~ ~~ Patrice Alves (Signature must be notarized) . . 10478 CALlfORt4U'ALL~PU~PO~E.~c:KNOWLEDGMENT State of California } ss. County of SAN ~\e~'C'> On ~UAl'"'1 IO,lOlcnc., beforeme,Stwrric: D.Worrl'll NO~~ public., Dale NameaodTitleofOfficer1e,g,,'Jaoe 6oe, Nolary Publ ) personally appeared -?a\r'\C t: A\\Je ~ . Name(s)otSigner(s) o personally'known to me g, proved to me on the basis of satisfactory evidence . .-. to be the person~ whose name{j1 (jj)/are _ " ' ,eommlillori" 1'421698 i' ' NolIIIy NlIIc . ~ subscribed to the within~strument and ,., IaIi IllIgO Courdy acknowledgedJo me that he /they executed . ,.~__JUn3O; the same in his~their authorized ;'.,' capacitY(iGal, and that by hi~/their 1 sigriature(~ ontDe instrument the pe,son(sj, or ,I the entity' upon behalf of which the personfGt acted, executed the instrument. I I WITNESS my hand and official seal. ~ ~ Q"~21N~'~~be I 1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relving on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document I litleOrTypeofoocument~CLcf- ~.p.JJ.Lw.. . ~'H\& ,~ Document Date: ~ "l\ I Y' J , 1 10. ;J.DO Co Number of Pages: to 1 Signer(s) Other Than Named Above: - Capacity(ies) Claimed ,by Signer ,I ,I Signer's'Name: o Individual Top of.thumb here o Co'porate Officer ~ liti8.ls): o Partner ~ 0 Limited 0 General U Attorney2in-Facf o Trustee D G~ardian.or Conservator [] Other' Signer Is Representing: @ 1999 National Nolllry Association' 9350 De S010 Ave., P,O: Bc.x 2402' Chatsworth, CA 91313 2402 'www.natlonalootary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 . . EXHIBIT "A" 10479 LEGAL DESCRIPTION VESTING. PATRICE ALVES, AN UNMARRIED'WOMAN APN: 314,573- I 6 PARCEL A, PERMANENT SOUND W ALL AND LANDSCAPE MAINTENANCE EASEMENT THAT PORTION OF LOT 182 OF LAS CADENAS UNIT NO 3,IN THE CITY OF POW A Y COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDI]'IGTO THE MAP THEREOF NO 7567 FILED IN THE OFFICEOFTHECOUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 28, 1973, AS DESCRIBED IN GRANT DEED RECORDED AUGUST 22, 2003 AS FILE NO 2003-1029706, DESCRIBED AS FOLLOWS, COMMENCING ATTHE NORTHWEST CORNER OF SAID LOT 182; THENCE ALONG THE NORTHLlNE OF SAID PARCEL 182 SOUTH 89'30'03'" EAST, 23.35 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG Si\1D NORTH LINE SOUTH 89'30'03" EAST 18.89 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHWESTERL Y, HA VING A RADIUS OF 20,00 FEET THENCE CONTINUING ALONG SAID LOT 182 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'35" 55" AN ARC LENGTH OF 3 I .28 FEET, THENCE ALONG THE EAST LINE OF SAID LOT 182,SOUTH 00'05'52" WEST. 112.61 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT] 82; THENCE LEAVING SAID EAST'LlNE ALONGTHE SOUTH LINE OF LOT 182 NORTH 88'22'42" WEST,63,04 FEET TO THE SOUTHWESTERL Y CORNER OF SAID LOT 182; THENCE LEA VING SAID SQUTH,LINE ALONG THE WEST LINE OF SAID LOT 182 NORTH 00'29'57" EAST, 3.84 FEET TO A POINT HEREIN DESIGNATED POINT "A", THENCE LEA VING SAID WEST LINE PARALLEL TO AND 3,80 FEET NORTHERL Y OF SAID SOUTH LINE SOUTH 88'22'42" EAST, 59,22 FEET TO A POINT"3.80 FEET WESTERL Y OF SAID EAST LINE, THENCE PARALLEL TO AND3.80,FEET WESTERL Y OF SAID EAST LINE NORTH 00'05'52" EAST 108.67 FEET TO THE BEGINNING OF A TANGENT,CURVE CONCA VE SOUTHWESTERLY HAVING A RADIUS OF 16.20 FEET, THENCE CONCENTRIC WITH AND 3:80 FEET SOUTHWESTERL Y OF SAID LOT 182 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'35'55" AN ARC LENGTH OF 25.33 FEET THENCE PARALLEL TO AND 3.80 FEET SOUTHERL Y OF SAID NORTH LINE. TANGENT TO SAID CURVE NORTH 89'30'03"WEST, 18.89 FEET THENCE NORTH 00'29'57" EAST, 3,80 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING'THEREFROM. THA T PORTION DESCRIBED IN THA T GRANT DEED RECORDED JANUAR Y 26. 1988 AS DOCUMENT NO 88-034555 IN THE OFFICE OF THE COuNTY RECORDER OF SAID COUNTY CONTAINING 577 SQUARE FEET MORE OR lESS . . 10480 PARCEL B TEMPORARY CONSTRUCTION EASEMENT THATPORTION 9f L9I182qF LAS CADENAS UNIT NO J,IN THE CITY OF POWA Y COUNTY OF SAN DIEGO,STATE OF CALIFORNIA. ACCORDINGTO THE MAP THEREOF NO 7567, FILED IN THEOFFICEOFTHE'COUNTY RECORDER OF SAN DIEGO,COUNTY, FEBRUARY 28, 1973,AS DESCRIBED IN GRANT DEED RECORDED AUGUST 22, 2003 AS FILE NO 2003-1029706, DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 182; THENCE ALONG THE NORTH,LINE OF SAJD,PARCEL 182 SOUTH'89'30'03" EAST 17.35 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEA VINGSAID NORTH LINE SOUTH 00'29' 57" WEST, 10.00 FEET THENCE PARALLEL TO AND 10.00 FEET SOUTH OF SAID NORTH LINE SOUTH 89'30'03" EAST,,24.89 FEET TO THE, BEGINNING OF A TANGENT CURVE, CONCA VE . 'c, . SOUTHWESTERLY HA VI!\IGA RADIUS OF 10.00 FEET, THENCE CONCENTRIC WITH AND 10.00 FEET SOUTHWESTERLYOF SAID LOT 182 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'35'55" AN ARCLENGTH OF 15,64 FEET, THENCE PARALLEL TO A.ND 10.00 FEET WESTERL y OF THE EAST LINE OF SAID LOT 182 SOUTH 00'05'52" WEST 102.34 FEET TO A POINT 1000 FEET NORTHERL Y OF THE SOUTH LINE OF SAID LOT 182; THENCE PARALLEL TO p'ND 10:00 FEET NORTHERL Y OF SAID SOUTH LINE NORTH 88'22'42" \VEST, 52.97 FEET TO THE WEST LINE OF SAID LOTI 82; THENCE ALONG SAID WEST LINE SOUTH 00'29'57" WEST, 6. I 7 FEET TO POINT "A" DESCRIBED IN HEREINABOVE PARCEL A, THENCE LEA VING SAID WEST LINE PARALLEL AND 3,80 FEET NORTHERL Y OF SAID SOUTH LINE SOUTH 88'22'42" EAST 5922 FEET TO A POINT308O FEET WESTERL Y OF SAID EAST LINE, THENCE PARALLEL TO AND 3.80 FEET WESTERLY OF SAID'EASTLlNE NORTH 00'05'52" EAST 108,67 FEET TO THEBEGINNING OF A TANGENT, CURVE CONCA VE SOUTHWESTERL Y, HA VINGARADIUS OF ]6.20 FEET, THENCE CONCENTRlC WITH 'AND 3080 FEET SOUTHWESTERL Y OF SAID LOT 182 ALONG SAID CURVETHROUGH ACENTRAL ANGLE OF 89'35'55" AN ARCLENGTH OF 25.33 FEET, THENCE PARALLEL TO AND. 3:~0,FEET SOUTHERLY OF SAID NORTH LINE, TANGENT TO SAID CURVE NORTH 89'30'03" WEST 18,89 FEET; THENCE NORTH 00'29'57" EAST 3,80 FEET TO SAID NORTH LINE, THENCE'ALONGSAID NORTH LINE NORTH 89'30'03" WEST. 6,00 FEET TO THE TRUE POINT OFBEGINNING, EXCEPTING THEREFROM: ,1,...:.- ".",~"" .' <. THAT PORTION DESCRIBED IN THA T GRANT DEED RECORDED JANUAR Y 26, ] 988 AS DOCUMENT NO 88'034555 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY CONTAINING 1,283 SQUARE FEETMORE OR LESS . . SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DA YS OF 10481 THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL PROJECT ATTACHED HERElO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT 'B" THIS,REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT ~'.2~ JI.,,-.lJe-r Z/} ,Z,,"S MICHAEL SCHLUMPBERGER, PLS 7790 DATE . . 10482 CURVE TABLE EXHIBIT US" CURVE DELTA RADIUS LENGTH C1 89'35'55" 20:00' 31.28' OLIVE GROVE DRIVE C2 89:35'55" 16.20' 25.33' 1--20' SCALE C3 89'35'55" 10.00' 15.64' LINE TABLE LINE DIRECTION LENGTH 24.89' OJ" l1 N 89'30'03" W i8.89' L2 N 00'29'57" E 3~80' N89'30'03"W L3 N 89'30'03" W 6.00' L4 N 00'29'57" E 10. 00' L5 S 00'29'57" W 6.17' L6 S 0()'29'57" W 3.84' N :::; L7 N 89'54'08" W 1.80' L8 N89'54'08" W 1.20' l10 L9 N 00'05'52" E 18.00' '" L10 S 89'54'08" E 1.20' N v Ll1 S 89'54'08" E 1.80' ;;; '" ' l11 L12 N 00'05'52" E 19.56' ..., Ol ' N .--.J : ...)~ 0 :L7; \~ <0 LOT 182 N 0 I: .. ,I DENOTES <( 0 EXISTING EASEMENT FOR 13373 OLIVE GROVE DR 0:: OECORA TlVE WALL PURPOSES w TO THE CITY OF POWA Y , >- N BY GRANT DEED RECORDED MAP NO 7567 "' I- JAN.26, 1988 AS DOC. NO. in 0 Z 88-034555 OR w 0 0 ::::> , z ,... N ~ "' 'rn ;:: w ~ N 0 0 , 0 ' N U '- 0 LO Z W -: 0 'in . . ..0 0 N ""0 "' 0 in 0 z 0 0 z 52.9d 10.00' 3.80' N 88'22'42" W 63.04' I I DENOTES AREA OF TEMPORARY CONS1R(JCTlON NOTE. ALL DIMENSIONS SHOWN EASEMENT - 1;283 SQ, FT, MORE OR. LESS HEREON ARE COMPILED FROM V//~ DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA. MAINTENANCE EASEMENT 577 SQ, FT, MORE OR LESS ASSESSORS' F'ARCEL NO. 314-573-16 Right-Of-Way Engineering Services, Inc, el TY OF POWAY Land Sti.rvej'ing 4167 Avenida de 10 Plata Ste. 114 Oceanside. CA 92056 VESTING: PATRICE ALVES, AN UNMARRIED WOMAN (760)732-1366 FAX (760) 732-1367 Drawing file nome: comm31'4-,-573~16'.dwg DATE,NOVEMBER 10, 2005 SHEET 1 OF 1 v ' ' , ? . 10483 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: January 10, 2006, from Patrice Alves, 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 and the grantee consents to recordation thereof by its duly authorized officer Dated January 13. 2006 CITY OF POW A Y Seal BY'~~~ , , L. Diane Shea, City Clerk