Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0997397
~ -
,
; . 10534 11111111 mllillmllllllll~~III~II~~I" ~1~~I~1I1111
NOV 17, 2005 1156 AM
RECORDING REQUESTED BY ) nFFICI,,::.L HECOR[I':
'-,b.N [IIECiU CCiUrH'j F:ELDFi[IER":. OFFICE
) GF:t:CiCifrl .1 '~;~','1ITH u:rllr'Jrl RECOF:[IER
CITY OF POW A Y ) FEE" 1.1,00
Ot. r'I."
~1 ' ) F'u.ciE':. c
WHEN RECORDED RETURN TO' ) I~~~~~~~~~~~~~~m~
'I \ )
CITY CLERK )
(jVt CITY OF POWAY )
t~ POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No. 314-572-68
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTioN EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
No Documentary Transfer Tax Due
Mitch J. Cunnvnqham and Diane Leslie Cunnvnqham, Husband and Wife, As Joint
Tenants, (liereinafter "GRANTOR") hereby grants to CITY OF POWAY, (hereinafter
"GRANTEE"), its successors, or assigns, the permaneht 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 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 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 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.
0'5-'2[\
. . 105-35
The GRANTOR hereby Jurther grants to GRANTEE the rightto temporarily enter and
construct necessary related improvements as part ofthe P!9Pos,ed construction
process. This Temporary Construction Easement, as'cfescribed in.theattached Exhibit
'A' as Parcel B"shall be valid only until the constniction has been accepted by the
GR.A:NTEE. After such time, theTemporaly Construcnon Easement shall become null
and void
IN WI~ESS':bHEREOF, the GRANTOR has executecl this Easement this --i- day
of Ji J(//2n1 ill, 2005
,
I1ffcz.L j c. .~L
tch J Cunnynghci
~~h&~~
Diane Leslie Cunnyngham
(Signatures must be notarized)
. . 10536
.,.
CA(IFORNIAALL.PURPOSE ACKNOWLEDGMENT
State otCalitomia } ss
County of ~l'\ \'l'\ea (')
On -1l D~Nor 1..\, ~()() " D. I
before.me ,I
Dale
M,' . I
personally appeared . \
Name(~)oISigner(s)
I o personally known to me
I ~roved to .me on the basis of satisfactory I
evidence I
to be the person&whose name~ls/~
subscribed to the within instrument and
J.'~7;\ acknowledged to me that he/she/~ executed
the same :in. his/her~ authorized
-, NolaIY PublIC - CaUJomIQ _ capaclt~, and that by his/her/t@
~ San DIegO coUnty d signatur on"the instrument the perso~, or
the entlly upon behalf of which the person9
""" "'c:cimm.bi~.:'~30~ acted, executed the instrument.
-.,-. ~ - -.- - ,
WITNESS my hand,andofflclal seal.
~ ~ p s~'lQ~"~. O~
OPTIONAL
Though the information below is not.required by law, if may prove valuable to persons relying on t,'?e document and could prevent
fraudulent removal and reattachment of this form to another document. I
Description of Attached Document I
clle or Type of Document~W1S ~hY'laA'\/2JL;l ~ li)o /dO I P A./l/J1ff.IJ.C
I
Document Date: \ \. l\: .OS Number of Pages: (f)
Slgner(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top of lhumb here
o Corporate Officer - Tltle(s):
o Partner - 0 limited D General
o Attorney-In-Fact
o Trustee
o Gl;Jardian or ConselVator
o Other"
Signer Is Represenling:
1l:l1999 National Notary Association' 9350 De SOlO Ave PO. 8m 2402' Chalsworlh, CA 91313-2402' IVWW.nationalnotary.org Prod. No. 5007 Aeordsl: Call Toll-Free 1-800-676-6827
. .
10537
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MITCH J. CUNNYNGHAM AND DIANE LESLIE CUNNYNGHAM, HUSBAND
AND WIFE, AS JOINT TENANTS
APN: 314-572-68
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 181 OF LAS CADENAS UNIT NO 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7567,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN ASSIGNMENT OF DEED OF TRUST RECORDED JUNE 15,2001 AS FILE
NO. 2001-0404323, DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 181 OF MAP NO. 7567,
THENCE ALONG THE EAST LINE OF SAID LOT 181 SOUTH 000 05' 52" WEST 45.05 FEET
(RECORD SOUTH 000 20' 49" EAST)TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET,
THENCE CONTINUING ALONG THE.BOUNDARY OF SAID LOT 181 SOUTHERLY,
SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 900 24' 05" AN ARC LENGTH OF 31.56 FEET TO THE SOUTH LINE OF
SAID LOT 181,
THENCE ALONG SAID SOUTH LINE TANGENT TO SAID CURVE NORTH 890 30' 03" WEST
22.18 FEET,
THENCE LEAVING SAID SOUTH LINE AT RIGHT ANGLES NORTH 000 29' 57" EAST 7.00 FEET,
THENCE PARALLEL TO SAID SOUTH LINE SOUTH 890 30' 03" EAST 8.09 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
26.00 FEET,
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE
TIIROUGHA CENTRAL ANGLE OF 900 24' 05" AN ARC LENGTH o"F 41.02 FEET;
THENCE TANGENT TO SAID CURvE'PARALLEL TO SAID EAST LINE OF LOT 181 NORTH 000
05' 52" EAST 31.95 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 181;
THENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTH LINE SOUTH 890 54' 22" EAST
8.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 822 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUcrlON EASEMENT
THAT PORTION OF LOT 181 OF LAS CADENAS UNIT NO.3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE.MAP THEREOF NO. 7567,
FILED IN 'fHE OFFICE 'THE COUNTY RECORDER OF SAN DIEGIOUNTY, FEBRUARY 28, 10538
1973, AS DESC~ED IN ASSIGNMENT OF DEED OF TRUST RECORDED JUNE 15,2001 AS FILE
NO. 2001-0404323, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOTI81 OF MAP NO. 7567 DISTANT
THEREON NORTH 890 5.4' 22" WEST 8.00 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE ALONG SAID NORTH LINE NORTH 890 54' 22" WEST 14.00 FEET,
THENCE LEAVING SAID NORTH LINE PARALLEL TO THE EAST LINE OF SAID LOT 18]
SOUTH 000 05' 52" WEST 31.95 FEET (RECORD SOUTH 000 20' 49" EAST) TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 12.00 FEET,
THENCE SOUTHERL Y, SOUTH~ESTERL Y AND WESTERLY ALONG THE ARC OF SAID
CURVE TIIROUGH A CENTRAL ANGLE OF 900 24' 05" AN ARC LENGTH OF 18.93 FEET,
THENCE TANGENT TO SAID qJRVE PARALLEL TO THE SOUTH LINE OF SAID LOT 18]
NORTH 890 30' 03" WEST 14.09 FEET,
THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES SOUTH 000 29' 57" WEST 2 I .00
FEET TO A POINT ON THE SAID SOUTH LINE OF LOT 181;
THENCE ALONG SAID SOUTIl LINE SOUTH 890 30' 03" EAST 6.00 FEET,
THENCE LEAVING SAID SOUTH LINE AT RIGHT ANGLES NORTH 000 29' 57" EAST 7.00 FEET,
THENCE AT RIGHT ANGLES PARALLEL TO SAID SOUTH LINE SOUTH 890 30' 03" EAST 8.09
FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VB NORTHWESTERLY HAVING A
RADIUS 26.00 FEET,
TIlENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE
TIlROUGH A CENTRAL ANGLE OF 900 24' 05" AN ARC LENGTH OF 41.02 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO SAID EAST LINE NORTH 000 05' 52" EAST
3] .95 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,106 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
TIlE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
A IT ACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHffiIT "B"
TIllS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH TIlE PROFESSIONAL LAND SURVEYORS ACT
~2// A":J,/:!.,l I1.l00.::j
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
CURVE TABLE EXHIBIT uB" LINE TABLE
CURVE DELTA LEN GTI:l RADIUS LINE LENGTH BEARING ,>
C1 90'24'05" 31.56' 20.00 L1 8.62 NOO'29'57"E
C2 89'35'41" 31.27' 20.00 L2 4.50 N89'30'03"W
C3 90'24'05" 41.02' 26.00 L3 7:00 NOO'29'57"E
C4 90'24'05" 18.93' 12.00 P.O.B.
peL. "8"
N 89'54'22- W 118.07' P.O.B.
- - - - - - PCL. "A"
14.00'
26' '",
Ol' 0
b ;;; <(
'" 0
w ... 1"
... LOT NO 181 N 0::
() loll '"
<( '" >-
p
(,7l -1 ;.,1 13801 OUVE GROVE PL 0 ~
a... '" O'
I '" z Z
0 J\lJJ.\P NO" 7567 ::>
w 0
> 0 ~
0 z ~
0:: 0
0 ()
w -
> SCAlE '....20 C)
-1 \ 4 \J1
0
C'" "- ::; OJ
..D
OLIVE GROVE DRIVE
I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT NOTE. ALL DIMENSIONS SHOWN
1,041 SQ, FT. MORE OR LESS HEREON ARE COMPILED FROM
RECORD DA T A.
1///1 DENOTES AREA OF SOUNDWALL AND LANDSCAPE ASSESSORS' PARCEL NO..314-572-68
MAINTENANCE EASEMENT
1,052 SQ, FT, ACRES MORE OR LESS CITY OF POWAY
Right-DC-Way Engineering Services, Inc.
Land Surveying VESTING. MITCH J. CUNNYNGHAM AND DIANE LESLIE
4167 Avenida de la PlalaSte. 114 . Oceanside. CA 92056 CUNNYNGHAM, HUSBAND AND W(FE . As JOINT TENANTS
(780) 732-1388 FAX (780) 732~1367
Drowing fife nome: comm 314-572-68 .dwg DA TE. SEPTEMBER 19. 2005 SHEET 1 OF 1
. . 10540 !
.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or
grant dated November 4, 2005. from Mitch J Cunnyngham and Diane Leslie
Cunnyngham, 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 9, 2005 CITY OF POWAY
Seal: