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Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-1025462 . D~:=:# 'I 2005-1025462 , -;'. 11111 Iii 11111111111111111111111111111111111111111111111111111111111111 ft RECORDING REQUESTED BY ) NOV 29, 2005 1 48 PM ~ ) OFFICI,.:.J.L FIECCiF:l'~, CITY OF POWAY ) 'g'1f ':,,::JJ LilU;CI CCiUf'j r'l F:EI~CiF:[IEF:"-, I-IFFICE ) (ir::EI:iCir-:'1 .1 '...r',lI rH nJUN ['I FiECCiF:[IER WHEN RECORDED RETURN TO' ) ~F.E'; o,on F',;:.fiE':, e, ) I 11Ii1!11111 III!I 1111111111 11111111111111111111111111111111111111111 111111111111 CITY CLERK ) CITY OF POWAY ) POBOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) Tax Parcel No. 314-463-02 GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FORseUNDWALL (COMMLJNITYROAD) No Documentary Transfer Tax Due Vicki D, Wolford, An Unmarried Woman hereinaft!'lr'''GRANTOR'') hereby grants to CITY OF POWAY,(hereinafter"GRANTEE"), its successors, or assigns, the permanent ,- s<'tu hCijw@'.9nd,landscape';h:1aihtenance,easement and. incidents thereto"for 'construction of asciimd'wali"ahd'landscapihg~upon.; over'and~across;that:cert'ain; real property,in.the" ~ .' "r . . City of Poway, County of San' Diego, State of California, described as follows. . (See Parcel 'A" and 'B', attached Exhibits A ahd 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 Jequired for the construction and maintenance of said sound wall. In addition, the GRANTOR hereqy further grants to the, eity of Poway the privilege and rjgl;Jt:t.o ,I@ndj'.:c~pe and maintain theegls..ement as describ,ed in Parcel 'A' The City will installahd, ,maintain landscaping as shown on landscape plans for Community'Road Improvements. The GRANTOR hereby further grants to GRANTEE ali trees, :growths (growing or that may hereafter grow)~ and existing wall materials'within, said easement, together with the right to use the' same in such manner and at such locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, or maintenance of said eas..erneht "The"'~~RANTbR:""fdt';~im/herself~llhis/her~successors,"and . assigns, hereby waives any --'~.........,t"_'l"""'.lo ~;.J;:1',..-'1l1 I '4.. , l",,-i'" c1aimfor any and.:all severance damages to GRANTOR's remaining propertY'ecintiguous to the easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said easement. CD-- '2JS . , . The GRANTOR tiereby further grants to GRANTEE. the right to temporarily enter and construct rie.cE,lssar'y related improvements as part of the proposed construction process, this Temporary Construction Easement, as described in the attached Exhibit 'A' as Parcel 8, shall be valid only until the construction has been accepted by the GRANTEE. After such time, the Temporary Construction Easement shall become null and void IN WITNESS WHEREOF, the GRANTOR has executedttiis Easement this ll\+:h day of N\\Iml\0e,V ,2005 0:&.' V ViokLo wo,~ . (Signatures must be notarized) M:\CIP Developmeilt\CIPpr()je9ts\1280.Community Road Widening\CM,File Community'Rd Phase 3 SoundwalJ\Community Rd Sound VvatCEasements\Community'Rd 'SaundWall easement Wolford.doc . . CALlFORI'\I.IA ALL.PURPOSE ACKNOWLEDGMENT State of ca~jt " County of ,Yl Dt.QjD On 1:l,\L\.DS ( 1 Date personally appeared ~rSOnallY known to me proved to me on the basis of satisfactory ~- -- _ A __ _ _ evidence I, .~ """........... ! to be the personW whose nameW/jSI/"..e' - 1sIlan# 1446363 i.. Nolaly Pul:lOc - CaDlomla ~ subscribed to the within instrument and San I:ll8go ." acknowledged to me that t1eI~i>eY executed j _ _ _ ~~~e,q,_b&o~~7t the same in ):IiS~tliifu autJ\zed capai::ity(i~ and that by i)j5'!" h6r' signaturefs(on the instrument the person(s'(,"or the entity upon behalf of which the person(gf acted, executed the instrument. OPTIONAL Though the information be/ow is n()t required by law, it may prove valuable to persons'relying on the document and could prevent frauduliml removal and reattachment of this form to another document. 'I Description of Attached Document ,I Title or Type of Document: ~vW. Bf Qa're(Ylulk .\oy ~wJ ~ll 1 Document Date: 1 \ \ '-I OS Number of Pages: l\ Signer(s) Other Than Named Above: (\\ ()YI Q J 1 Caplidty(iesj Claimed by Signer 1 Signer's Name: o Individual Topol thumb here o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact ,I o Trustee 1 D Guardian or Conservator J o Other' 1 Signer Is Representing: " il:I1999 National Notary Association. 9350 De Solo Ave.; P.O Bo~ 2402. Chatsworth. CA 91313-2402' IVww_natKmalnolary,org Prod,No.5907 Reorder: Call TolI.Free 1.flOO.fl76--6827 1 . . EXHIBIT "A" LEGAL DESCRIPTION VESTING VICKI D WOLFORD, AN UNMARRIED WOMAN APN 314-463"02 PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT THAT PORTION OF LOT 73 OF POWAY MESA UNIT NO, I, IN THE CITY OF POWAY COUNTY OF SAN DIEGO, STATE OF q..LIFORNIA, ACCORDING TO THE MAP THEREOF NO 6961, FILED IN THE OFFICE OF THE CQUN,TY RECORDER OF SAN DIEGO COUNTY, JUNE 09, 1971, AS DESCRIBED IN DEED OF TRUST RECORDED JULY 26, 2002 AS FILE NO 2002-0629982, DESCRIBED AS FOLLOWS, THE EAST 2,00 FEET OF SAID LOT 73 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 73 OFPOWAY MESA 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, AS DESCRIBED IN DEED OF TRUST RECORDED JULY 26, 2002 AS FILE NO, 2002-0629982, DESCRIBED AS FOLLOWS, THE EAST 10,00 FEET OF SAID LOT 73 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 COMPLllTION OF THE COMMUNITY ROAD SOUND WALL PROJECT ~TrACHED 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~ 7tM~ Z~ c:0c4 MICHAEL SCHLUMPBERGER, PLS 7790 DATE EXHIBIT uB" . r- N 89"29'55" W 100.00' 2,00' SCALE ,w=20 - - 30' 1 -~ - 0 . >- 0 <( ;;1 0 Oa 0 0 <( LO-r 1rl 0 0,- 0 ~ "' 0 d r 0:: t7' "', I <( 14225 KENDRA WAY >- 0:: lU I- lU Z 0 ;,-, . . , MAP NO. "'gr.-] '" '" '" ::::> z 0 Q. 0 01 0 o 0 W :'l 0 o~ 0 ~ ~ 81 :'l !"1 !"1 ~ 0 o 0 0' o 0 0 z ~ z' z U '-- - - N 89'29'55" W 100,00' 2,00' . II DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT 480 SQ. FT. MORE OR LESS NOTE, ALL DIMENSIONS SHOWN V///~ DENOTES AREA OF SOUNDWALL AND LANDSCAPE HEREON ARE COMPILED FROM RECORD DATA, MAINTENANCE EASEMENT 120 SQ. FT. MORE OR LESS ASSESSORS' PARCEL NO.. 314-463-02 Right-Of-Way Engineering Services, Inc. CITY OF POWA Y Land Surveying VESTING, viCKI D. WOLFORD, AN UNMARRIED WOMAN 4167 Avenida de 1a Plata Sle. 114 . Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 Drawing fie nome: CQMM,314 46.3-02,dwg DA TE, JUNE 1 2004 SHEET 1 OF 1 ro . . , , CERTIFICATE OF ACCEPTANCE This is to certify that'the interest in real property conveyed by the deed or grant dated November 14, 2005 from Vicki D Wolford, 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 thereofby its duly authorized officer - -- - - - --- Dated: November 21,2005 CITY OF POWAY Seal N:\city\share\certificate of acceptance-city,doc