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;
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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
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88-034555 OR w 0
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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 ' ' , ?
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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