Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2006-0579551
" "
, . , ,
~ DOC'
2006-0579551
rei. 1111111111111111111111111111111111111111111111111111111111111111111111
~ RECORDING REQUESTED BY ) 11.20 AM
) AUG 15, 2006
ft ,,' CITY OF POWAY ) OFFICIAL RECOFi[I';
LW ';,I..\N [IIEGlj COlltH'1 RECi-1 F: [IEF:':, OFFICE
) GF:ECiOR"1 ,I -:;t...lITH DJUr.JT'1 F:ECOR[IEF:
WHEN RECORDED RETURN,TO ) FEE'; IJDO
) OC 1,1,"
P1:J.I;E;. t,
CITY CLERK )
CITY OF POWAY 722'1 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POBOX 789 )
POWAY, CA 92074 ) 2006-0579551
Tax Parcel No, 314-450-28 (For Recorder's Use Only)
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT FOR SOUN8 WALL
(COMMUNITY ROAD - CIP PROJEC1 #1280)
(NO DOCUMENTARY TAX DUE)
Chervl A. Enriqht <and Robert K. Enfiqht. Wife and Husband. As Joint Tenants (hereinafter
"GRANTOR") hereby grants to CITY OF POWAY, (hereinafter "GRANTEE"), its successors, or
assigns, express permission to construct the permanent sound wall and landscape
maintenance easement and incidents thereto for construc\ion 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 "8", Attacned Exhil5ifs"l\<aiid'B)
. .. ..." ,_:"_ . ~"':' ,_(' .... IY~''''. ,~.--. ,"'t'-~ ~
The GRANTOR, hereby .further grants to the City of poway the privilege and right to extend
excavation and emb,:lnkment slopes.withinthe limits of the herein described easement'Vllhere
required forthe construction and maintenance of said sound, wall. In addition, the GRANTOR
hereby .further grants to the City of Poway the privilege and fight to landscape and maintain the
. ~ " i "n
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 tree~, growths (growing or that may
hereafter grow), and existing wall materials within said easement, together with the right to use
the, same..in SLJch manner and at-such locations,as said GR~NT;EE may deem proper. needful.
or necessary in construction, reconstruction, or maintenance of said easement.
The GRANTOR. for him/herself" his/her successors and assigns, hereby waives any claim for
any and all severance damages to GRAN10R's remaining property contiguous to the
Temporary Construction Easement hereby conveyed by reason of the location, construction,
landscaping. or maintenance of said easement.
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and construct
necessary related improvements as part of the proposed construction process. This Temporary
Construction Easement, as described, shall be valid only'until the construttion has been
accepted by the GRANTEE. :tIfter such time, the Temporary Construction Easement shall
become null and void.
M:\CIP _Development\CIP'Projects\1280 Community Road Widening\Easements\Enright.doc
'~~oqq
'. .
'1222
IN WITNESS WHEREOF, the,GRANTOR has executed this Easement this '-I TH
day ,of AIAc..lA.~T ,2006
~La ~~
Ch,~1 . Em'ghl ~
~~,
Robert K, Enright
(Signatures must be ,notarized)
M:\CIP _Development\CIP Projects\1280 Community Road Widening\Easements\Enright.doc
. .
, 7223
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~=^=^'~~~~~~.;iiiJ('...&"~~~~~~~~
State of California }
a _ ,"" ^ ss.
County of 0Q,C'\ u,e,g u
On Aus. 4..!Jnri. {, before rne, 8he{"('Il~, 'b.WDfrdl NDir1~G
Date Name and TIlle 01 Officer le.g., 'Jane toe. Notary Publi ")
personally appeared C\\e("'~J A. a.('\~, ?1)h<>f\l. K, el')cgbt
Name(s\ ofSfgner(S)
o personally known to rne
J - - - - - - - - - - - - J ~-
, IIlIJlllIE O. WORREl.I. l.ti1'roved to me on the basis of satisfactory evidence
_ @ ~ # 1421698 to be the personW whose nameG) is/~subscribed
t' Naby-',~, , ~ to the W,ith, in instrument and acknowledged to me that
_ _ _ ~~~~~~ :~;~~~~~cae::c~t~~,th=n;at~:t ~y h~~:~~~~
", " ,', - signature(Sj) on the instrument the person~, or the
entity upon behalf of which the personG)l acted,
executed the instrument.
WITNEss.my h~
Place Notary Seal Above ~~
Signatureo! Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached !l>.cument ~ &. ~ () I ~ f
Title 0' Type of Document\,..... ~ D . h./J/?4l\Ll.4:I ' . 1Q::Il. (ty7 R..
, 1
Document Date: If jJ.f J D (P Number of Pages: 1-
Signer(s) Other Than Named Above:
Capacity(ies) ,Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Titie(s): 0 Co'porate Officer - Title(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact Top of thumb here D Attorney in Fact T f h b h
lOP 0 t urn ere
o Trustee 0 Trustee
D Guardian or Conservator 0 Guardian or Cons8Ivator
o Other' 0 Other'
Signer Is Representing: Signer Is Rep,esenting:
~~~~~~~~~~~"'CV-"C{,~~~~~~~~~"%'@<,"CV~~~~'%~
@2004NationaINotaryAssociation'9350DeSoloAve.,P.O. Box 2402' Chalsworth, CA 91313-2402 lIem No_ 5907 Reorder: Call Toll-Free 1-800-876,6827
'. f
. .
. '7224
:
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING CHERYL A. ENRIGHT AND ROBERT K. ENRIGHT, WIFE AND HUSBAND, AS
JOINT TENANTS
APN: 314-450.28
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 6 OFPOWAYMESA UNIT NO. I, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 09, 1971,
ASDESCRlBED IN DEED OF TRUST RECORDED FEBRUARY 08, 2002 AS FILE NO 2002-
0114740, DESCRIBED AS FOLLOWS.
THE EAST2,OO FEET OF SAID LOT 6 OF MAP NO 6961, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 120 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 6 OFPOWAY MESA UNIT NO I, IN THE CITY OF PO WAY, COUNTY
OF SAN DIEGO, STA TEOF CALIFORNiA, ACCORDING TOTHEMAP THEREOF NO 6961"
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN DEED OFTRUST RECORDED FEBRUARY 08, 2002 AS FILE NO 2002-
0114740, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 6 OF MAP NO 6961, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 2,00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 480 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED HERETO 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'~ JZ;,.,e Z4. 2t:J04
MICHAEL SCHLUMPBERGER, PLS 7790 ) DATE
.
,
EXHIBIT uB"
2.00'
N 89'29'55" W --1 104.00'
-
SCALE 1-=20
26' 5' CITY OF POWAY SEWER EASEMENT 0
<(
>- 0 RECORDED FEBRUARY 26, 1971 AS 0
FILE/PAGE NO. 37133 OR 0 0::
<( 0 0
3: ci LOT C' ci
<01 0 >-
<a' <0
l-
I <( 14127 KENDRA WAY
0:: z
0 ~I w w w =>
MAP No" r>fy'-J , , ::::2:
Z 0.0 '" '"
w 0 0 0 ::::2:
0 0
~ '" '" t" 0
b b 0 U
0 0 0
z z
- - 8.00'
N 89'29'55" W 104,00'
2.00'
"
I I ~
DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT ~
480 SQ. FT, MORE OR LESS NOTE. ALL DIMENSIONS SHOWN ~
HEREON ARE COMPILED FROM
V////1 DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA.
MAINTENANCE EASEMENT ASSESSORS' PARCEL NO..314-450-28
120 SQ. FT. MORE OR LESS
CITY OF POWA Y
Right-Of-Way Engineering Services, Inc.
Land Surveying VESTING. CHERYL A. ENRIGHT AND ROBERT K. ENRIGHT,
4167 Avenida de la Plata Ste. 114 Oceanside, CA 92056 W1FE AND HUSBAND AS JOINT TENANTS
(760) 732-1366 FAX (760) 732-1367 DA TE. JUNE 24, 2004 SHEET 1 OF 1
Drawing file nome: comm314-450-28.dwg
.' " . {b
. . . .
7'226
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
. dated., ,August 4. 20U6 from Cheiyl A. Enright and Robert K. Enright, Grantor to the City
of Poway, Grantee, a political corporation and/or governmental agency is hereby
accepted by the undersignedoffiter 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. August 4, 2006 CITY OF POW A Y
Seal' B~)J_lUU ~d!
SherrieD Worrell, Deputy City Clerk
~ITY .
OF POWAY
MICKE'! CAF'\CNA, Mayor
BETTY REXFORD, Dep"'y Mayo,
MERRILEE BOYACK, CounCilmemJ~er
BOB EMERY Clluncilmemher
DON. HIC'iCiINSON, C lllllCilll\enlher
September 7,2006
Mr and Mrs Rober! Enright
14127 Kendra Way
Poway CA 92064
RE Recorded Document
Dear Mr and Mrs. Enright:
Enclosed is a copy of the Grant of Permanent Sound Wall and Landscape
Maintenance Easement and Temporary Construction Easement for Sound Wall
(Community Road Project), which was recently executed and has been recorded This
copy is for your files, and the original of the recorded document remains on file in the
City Clerk's Office
Sincerely,
~Jru-u:Ul011le.QjJ
Sherrie D Worrell, CMC
Deputy City Clerk
Enclosure
City Hall Located at 13325 Civic Center Drive
Mailing Address: PO Box 789, [\l\vay, California 92074-0789 . (858) 668-4400
@ Printed or. Recycled Paper
~ITY OF POWA
MICKEY CAFAGNA, Moynr
RETrY REXFORD, Deputy Mayor
MERRILEE.BOYACK, Cnunci[!IlCmhcr
BOB EMERY, CounCilmember
DON HIGGINSON, Councilmemhcr
August 8, 2006
County Clerk/County Recorder's Office
POBox 1750
San Diego, CA 92112
SUBJECT Requestto Record Document
Grant of Easement - Enright
APN 314-450-28
Please record the enclosed originals of the above referenced documents and return
them to the City Clerk's Office Once recorded, please return the "Conformed Copy" in
the enclosed self-addressed stamped envelope. Recording fees are not required for
these documents,
Sin erely,
"
Shelley Collins
Administrative Assistant 111
City Clerk's Office
Enclosure
City Hall Lucated at 13325 Civic Center Drive
Mailing Address: P.O, Box 789, Poway, Califurnia92074-0789 · (iJ58) 668-4400
@ PI inled on Recycled Paper
REQUEST TO REC!D DOCUMENTS WITH GOU'Y RECORDER
Requested By: Bud Oliveira/Development Services (Name/Department) Extension No, 4622
Type of Document: Grant ofJ?ermanent Sound Wall and 'Landscape Maintenance Easement
If a document is to be recorded against a piece of property, that person is mailed a copy Please
provide the folloWing information.
Name: Cheryl A "Inn Rober! K Fnright
Address: 14127 Kendra Way, Poway. CA 92064
I Please attach .label 'or addr~ssed envelope above I
Please complete the following information even if it is contained in the recorded document.
Parcel No.' 314-450-28
Related Case No.: CIP # 1280 - Community Road Sound Wall
(TTM, TPM, CUP, DR, Grading Permit No., etc.)
Location ofProperty' 14127 Kendra Way
(if possible)
Check appropriate boxes
Notary certificate'attached 1i- Yes 0 Not needed
Acceptance stamp Js( Yes 0 Not needed
-+ Acceotance wordtna must be on all Easements and Grant Deeds <-
Check attached 0 Yes R Not needed
If it is of benefit to the City, a check is not needed If it is not of benefit, a check made payable to the
County Recorder / County Clerk must be included. The fe\'l is $7,00 for the first page, $3,00 for each
page thereafter Notary certificates qualify as 1 page (Wttie certificate can be placed over a blank
section, it does not count as an extra page)
All recorded documents are mailed to the County Recorder from the City Clerk's Office If a
document is to be picked up by a Title Company, (before telling them when they can pick it up) check
with the Clerk's Office
Title Company: Phone:
Contact: Pick-up Time:
N :IC ITYISHAREIREQUEST _ RE CORDING, DOC