Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0558655
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RECORDING REQUESTED BY ) JUL 01, 2005 11 46 AM
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r#}./r CITY OF POWAY ) ".:.l,r.: [i!EbCl COUNT', r::EDJR[:EH":, UFFIL~E
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CITY CLERK ~'b'b~'], )
CITY OF POWAY ) :1005-0558655
POBOX 789 )
POWAY, CA9:z974 " )
NO DOCUMENTARY TRANSFER TAX DUE
(For Recorder's Use Only)
Tax Parcel No 314-434-43
GRANT OF PERMANEf\JT SOUND WALL AND LANDi?CAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FmtsouND WALL (COMMUNITY ROAD)
NO DOGUMENT" TRANSFER TAX DUE
Mark L. McDonouqh and Sandra L..McDonouqh, Husband and Wife, As Joint Tenants
hereinafter "GRANTOR") hereqy grants to CITY OF POW AY, (hereinafter "GRANTEE"),
its successors, or assigns, the permanent sound wall and landscape maintenance
easement and incidents ther,l?to fbr construction of a sounc! wall and landscaping upon,
over and across that certain reaJ property in the City of Poway, County of San Diego,
State of California, desci'ibea as follows.
(See Parcel 'A" and 'B', attached Exhibits A and B)
The GRANTOR, hereby further grcmtsto the City ofPo""ay the privilege and right to
extend excavation and embankment slopes within the Iimi~s of the herein described
easement, where required for the construction and maintenance of said sound wall In
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addition, the GRANTOR hereby further grants to the City of Poway the privilege and
righUo landscape and maintain,theeasement as described in Parcel 'A' The City will
install and maintain landscaping,as shown on landscape plans for Community Road
Improvements.
The GRA~TOR hereby further grantsto GRANTFE all trees,. growths (growing or that
may hereafter grow); and existing wall materials wlthin .~aia easement, together with the
right to use the same in su'ch manner a0d at,such locations as said GRANTEE may
deem proper, needful or necessary, in~ the construetion, reconstruction, or maintenance
of said easement.
The GRA~TOR, 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 E)asement hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
O'5~ 12L.j
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,.. " . . 13383
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The GRANTOR hereby further grants toGRANTEE'the right to ter,nporarily enter and
construct necessary related improv~ments as part of: thE} prqposed construction
process. TtiisTemporaryConstruction EasemeDt, @d}~scribedin the attached Exhibit
"A: as Parcel B, shall be'valid only uhtil the construction, has been accepted by the
GRANTEE. After such time; the Temporary Cohst'ruction Easement shall become null
and void.
IN WITNESS WHEREOF, th'e GRANTOR has executed this Easement this ~~ day
of 4fri' , 2005
(i~ 1/;'1 - ~
rvia k L. McDhough
~?A,,~
vSandra L. McDonough
(Signatures must be notarized)
M:\CIP _DeveJopment\CIP ~dmin\Easements\GommLinity Rd Sound'Wall'Easements\Community Rd'soundWal1
easement_McDonough .doc
- ,. . 13384
CALIFORNIA ALL,PURPOSE,ACKNOWLEDGMENT
State of California }
1 S j\ - ss.
1 County of Cl..rr- U I ~ 0
I'
1 On Ap (; l G, 20 0 ~ before me, 11 oil i ,,~~\~5hr:::o~ ~j:,," e"Hc"
personally appeared miH Ie L. fY1c.D 0 h (). '. 'SO 6r"o.. . (iA,cDot10U h
Name(s)of Signer(s)
/' . I
['f personally known to me
o proved to 'me on the basis of satisfactory
evidence
to be the person(s) whose narne(s) is/are
1- - - - - - - - - - .. - subscribed to the 'within instrument and
'@' 'HOlL!HEU:~r' ~ acknowledged tome thathe/shelthey executed 1
'_ . ' Commbston'# 1386743 the same in his/her/their authorized
IN()tO,yPubllc 'California ~ capacity(ies), and that by hisiher/their
Son Diego Counly - signature(s) onthe,instrument the person(s), or J
My,Comm.,ExpiresDec'21 ,2006 the entity upon behalf of which the person(s)
acted; executed the instrument.
I,
1
OPTIONAL
Though 'the information below is not required by law, it may prove valuable to persons relying,.cm the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
1 Document Date: Number of Pages: 1
1 ,I
Signer(s) Other Than Named Above: 1
I Capacity(ies) Claimed by Signer
Signer's Name:
r 0 Individual Top of thumb here
1 0 Corporate Officer - Title(s):
J 0 Partner - 0 limited 0 General
o Attomey-in,Fact
o Trustee
D Guardian or COr)se'rv'ator ,
o Other'
Signer Is Representing:
@,1999 NatIonal NOlaI)' Association. 9350 De Solo Ave P_O. Box 2402. Chalsworth. CA 91313-2402. www.nalionalnotary-orgProd.No. 5907 Reorder: Call ToH-Flee 1-000-876-6827
. . 13385
CERTIFICATE OF ACCEPTANCE
This,is to certify that the iHterest in real prqpertyconveyed by the deed or grant
dated. April 6, 2005 from Mark L. McDonough and Sarldra L, McDonough, Grantor, to
the City of Poway, Grantee, apolitical corporation and/or governmental agency is
hereby accepted by theuridersigned officer or agent. on behalf. of the City Council
pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981 and
the grahtee consents to recordation :thereof by itsdulyauthofized officer
Dated June .21. 2005 CITY OF POWAY
Seal By' ~J lCleJcJUu.f2C
, 1E'.<ipn~ ~i"n"h IntArimr.ityr.IAr\( ,
SherneD; orre 11. Deputy,! City C'lerk
:;; . .
13386
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MARK L. MCDONOUGH AND SANDRA L. MCDONOUGH, HUSBAND AND
WIFE, AS JOINT TENANTS
APN: 314-434-43
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 179 OFPOWAY MESA UNIT NO 3, IN THE CITY OFPOWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7335,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29 1972,
AS DESCRIBED IN DEED OF TRUST RECORDED DECEMBER 23, 2002, AS FILE NO 2002,
1178182, DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 179 OF MAP NO 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 124 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 179 OF POW A Y MESA UNIT NO 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIfORNIA, ACCORDING TO THE MAP THEREOF NO. 7335,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 29, 1972,
AS DESCRIBED IN DEED OFTRUST RECORDED DECEMBER 23,2002, AS FILENO 2002-
1178182, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 179 OF MAP NO. 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 2.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 496 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DA YS 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
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MICHAEL SCHLUMPBERGER, PLS 7790 DATE
Ii
EXHIBIT uB"
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I I DENOTES AREA OF TEMPORARY CONSTRUC~ON EASEMENT
496 SQ. FT. MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
V///~ HEREON ARE COMPILED FROM
DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA.
MAINTENANCE EASEMENT
124 SQ. FT. MORE OR LESS ASSESSORS' PARCEL NO.. 314-434-43
CITY OF POWA Y
Right-Of-Way Engineering Services, Inc. VESllNG. MARK L. MCDONOUGH AND SANDRA L.
Land Surveying
4167 Avenida de la Plata Ste. 114 Oceanside, CA 92056 MCDONOUGH, HUSBAND AND WIFE, AS JOINT TENANTS
(760) 732-[366 FAX (760) 732-['367 DA TE. JUNE 24, 2004 SHEET 1 OF 1
Drawing file name: comm314 434 43.dwg