Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0997398
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DOC# 2005-0997:398
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RECORDING REQUESTED BY ) NOV 17 2005 11'56 AM
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DFFlil..:.:..L FiEI-DR[IS
CITY OF POWAY ) '_,,':':'.I'l [IIEI.:iCl r'CIUtH'1 RECOF,[IEF:"~ IJFFII_E
) GF:UiOf'l'1 .1 ,:;~,,'jITH CUUt'JT', F:ELDF:[IER
WHEN RECORDED RETURN TO' ) FEE'; 0.00
o - DC 11,0
) F'I.:l.I:.1E~<
1 ~~\( CITY CLERK ) ! 111111 11111 11111 1111111111 11111 11111 11111 11111 1111111111 III 11111111111111111111
CITY OF POWAY )
PO BOX 789 )
O~ POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No. 314-463-07
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
No Documentary Transfer Tax Due
Robert C. McFarland and Debra McFarland, Husband and Wife, As Community
Property hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter
"GRANTEE"), its successors, or assigns, the perman~nt sound wall 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 wall In
addition, the GRANTOR hereby further grants to the City of Poway the privilege al)d
right to landscape and maintain the easement as described in Parcel 'A' The City will
install and maintain landscaping as shown on iandscape plans for CommLinity Road
Improvements.
The GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that
may' hereafter grow), and existing wall materials within said easement, together with the
right to use the same in sLich 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 all severance damages to GRANTOR's remaining property contiguous
to the easement hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
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. . 10542
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 in the attached Exhibit
'A' as Parcei B, 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 executed this Easement this
of _NrJ\/ ,2005
Debra McFarland
(Signatures must be notarized)
M:\CIP _Development\CIP Projects\1280 ~ol1}.munjty Road Wi~ening\CM File Community Rd Phase 3 Soundwall\Community Rd
Sound Wall Easements\Community Rd SoundWall easement_Mcfarland.doc
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1.0543
CA,LlFQRNIA A_LL"~I,JR<POSEAcKNOWLEDGMENT " . .
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, State of 8a[ifornia "
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, County of San Dieqo 1
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, On , before me, -'
,
I" personally'appeare9
1 o personally'kn()wn,to me
I, ea.'''..'..-....,'.'' )2l'Proved to me on the basis of satisfactory ,I
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" . . ~,"1446IU evidence
NaIarr fIIdIIc . 01 ,lr-jl\lGo
, 8iIn IlIii80 c:OUidv to be the person(;07whose na~
MwCamlli;.....0at2UClIl7
1 subscribed to, the within instrument and
acknowledged tomeih~~ e~ecute'd "
I, the same in ~t/;!efr authorized
1 capacity(i~, and that by ~e1'71"-eir" 1
I, signature~n'the:instrument the person<<<or "
the entity upon behalf of which the perso~ ,
',-""
acted, executed .the instrument. ,
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, Place Notary Seal Above 1
1
, OPTIONAL ,
" Though the inforrrlation below is Dot required by law,.it ma~prove vaf,uable top.ersoils relying-on the document ,
and could prevent fraLJduJiint removal and reattachment of this form, to another document. "
Description of Attached Document ..r;.; ~ d "
"
Title or Type of Dcicum~nt (;;t1"i-RfYlf" f )-/-- ' v " IJ. /) wCLL!L
//.[3.0:;- 4- "
Document Date: Number of Pages: ,
Signer(s),Other Than Named Above: T)ebva... me ::fwv( Cu~ )
'I
I' Capacity(ies)"Claimed by Signer ,
I, Signer'~ 'f'Jame: "
o :Individual .
" Top of thumb here.
o Corporate,.Officer- Title(s): "
o Partner ~.DLimited 0 General
o Attorney 'in Fact
o Trustee
o Guardian"or'Conservator
o Other' 1
,I
, I
, Signer Is Representing: '
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(Q 1999 National Notary Assoc;ialilln . 9350 De Solo Ave., P~O. Box 2402. Chalsworth, CA 91313-2402' www.nationalnolal)'.org Prw:No.5907 Roorde"CalrTo(!.Free 1.-800-876.6827
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CALIFORNIA ALL.PI)R'pO~E ACI(NOWLEDGMENT 10544
State olCalilornia }ss
County of S fl-n D I E:GO
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I On /<J()V~~ 8J ~S belore me,.jftnl~J~!!:rr~~,," P,",",
[, rr~ m c.. Ff\f2.LMID
[, personally appeared
Name(s) o! Sigl1er(s)
[, o personally known to me
Jl(.proved to me on the basis of satisfactory
evidence
to be Ihe person(Gj whose name(Gj is/_
subscribed to the within instrument and
- J1flQOl I acknowledged 10 me that Relshe/tOGY' executed
cc. the same in bi6/her/tb.oir authorized
[ 2: capacity(i~), and that by flls/herltOGir
'Z signaturefer'on the in~trument the person(Gj, or ,I
Mf\Y 15,~ro'ir the entity upon behalf of which the personf&l
acted, executed the insfrument. I
WITNESS my hand and official se~
~~~~
OPTIONAL
Though the information below is notrequired 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 Document
Title or Type 01 Document: J~-ASEMENT FO~ SoOJ\1DV\l1l LL
Document Date: NO'\lE.MeE..R.. '6' I ;;2005' Numberof Pages: --1 ,I
I
Signer(s) Other Than Named Above: R06Elitr (l. MC~LAnD I
I
Capacity(ies) Claimed by Signer
Signer's Name:
.
o Individual Top 01 lhumh here
o Corporate Officer - Title(s): I
o Partner - 0 Limited 0 General J
o Attorney-in-FaCt I
o Trustee I
o Guardian or Conservator
o Other:
Signer Is Representing:
@ 1m Na/kmsl NoIiJry A~ialion. 9350 De Solo AVIl., P.O. Box 2402. Chalsworlh, CA 91 313.2402. www.nationalnolary.org Prod."No5907 Reorder; Call Toli-Free 1-800.876.6827
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10545
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: ROBERT C. MCFARLAND AND DEBRA MCFARLAND, HUSBAND AND WIFE
AS COMMUNITY PROPERTY
APN: 314-463-07
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 74 OF POWAYMESA UNIT NO. I, IN THE CITY OF PO WAY, 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 SEPTEMBER 04, 2002 AS FILENO 2002.
0751867, DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 74 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 74.0F POWAYMESA UNIT NO 1, 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, 197t,
AS DESCRIBED IN DEED OF TRUST RECORDED SEPTEMBER 04, 2002 AS FILE NO. 2002-
0751867, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 74 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~ Tv...:: Vf <:001
MICHAEL SCHLUMPBERGER, PLS 7790 ,
DATE
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EXHIBIT U B"
~ N 89.29'55" W 100.00'
SCALE 1-=20
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8.00'
30' I
0
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0 ci ci
~ to Loc( 74 to to a:::
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N 89"29'55" W 100.00' Q
2.00' CoIl
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I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
480 SQ. FT, MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
r/ / / /I RECORD DATA.
ASSESSORS' PARCEL NO.. 314-463~O7
CITY OF POWA Y
Right-Ot-Way Engineering Services. Inc. VESTING: ROBERT C. MCFARLAND AND DEBRA
Land Surveying MCFARLAND, HUSBAND AND Vt1FE AS COMMUNITY
4167 Avenida de Ie. Plata Ste. 114 Oceanside, CA 92056 PROPERTY
(760) 732-1366 FAX (760) 732-1367
Drawing file name: comm314-463-07.dwg DA TE: JUNE 24, 2004 SHEET 1 OF 1
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CERTIFICATE OF ACCEPTANCE 10547
This is to certify that the interest in real property conveyed by the deed or
grant dated November 8, 2005, from Robert C McFarland and Debra
McFarland, 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 November 10, 2005 CITY OF POWAY
Seal: BYL~C~