Grant of Right-of-Way, Slope Easement, Temporary Construction Easement for Sound Wall (Pomerado Road) 2005-0437561
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. . DOC# 2005-0437561
f& RECORDING REQUESTED BY ) 1111/1/111111111111111111111111111111111111111111111111111111111111111
~k ) MAY 24. 2005 3:23 PM
CITY OF POWA'( ) 1-IFFICI.c..L RECI]F:[I';
) :'..:.:.JJ [ilFI::in t:nur,u HtCOF:[IEF:"= UFFICE
I~ WHEN RECORDED RETURN TO' ) br;t:I::inl-~il .1 ~,r",1ITH CDUr-I r'r RECUR[IER
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CITY CLERK ) F'c.,I::iE'; b
CITY OF POWAY ) I illlll lIiil 11111 Illillliil 11111 11111 1IIIi 11111 11111 11111 III 11111111111111111111
POBOX 789 )
POWAY, CA 92074 )
2005-0437561
NO DOCUMENTARY TRANSFER TAX DUE
Tax Parcel No. 314-314-03 (For Recorder's Use Only)
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GRANT OF RIGHT-OF-WAY, SLOPE EASEMENT, TEMPORARY CONSTRUCTION
EASEMENT FOR SOUNDWALL lfOMERADO ROAD - CIP PROjECT #1290)
NO DOCUMENT RANSFER TAX DUE
Darvl D. O'Flaherty and Louise O'Flaherty. Husband and Wife as Joint Tenants (hereinafter
"GRANTOR"), hereby grantsto CITYOF POWAY, (hereinafter "GR,A;NTEE"), its successors, or
assigns, the right-of-way and incidents thereto for construction of a sound wall and landscaping
upon, over and across that certain reai property in the City' of Poway, County of San Diego,
State of Califomia, described as follows:
(See Parcel1,attached Exhibits A and B)
The GRANTOR, hereby further grants to the City of Poway the priviiege and right to extend
excavation and embankment slopes'wi~hin the limits of the herein described right-of-way, where
required for the construction and maintenance of said sound wall and City street. In addition,
the G~N;rOR hef$lbyfurther grants tp the City of I"oway the privilege and right to landscape
and maintain the slope easementas described in Parcel 1 ThehCity will install andJ!laintain. _ _
landscaping as shown on landscape plans for Pomerado Road Improvements of 2000
The GRANTOR hereby furth.er.gr~nts to GRANTEE all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of'way, together with the right to
u \lse the same in such manner and at such locations as said G~NTEE may deem proper,
lJeedfuJ or necessary; in the,'col1struction, reconstruction, improvement or maintenance of said
highway
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 right-of-
way hereby conveyed by rea.son of the location, construction, landscaping, or maintenance of
said highway
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. 18288 .
The GRANTOR hereby further grants to GRANTEE the right to temporariiy enter and construct
necessary related improvements as part of the proposed construction process. This Temporary
Construction Easement, as described in the attached Exhibit as Parcel 2, shall be valid only
untii the construction has been accepted by the GRANTEE. After such time, the Temporary
Construction Easement shall become null and void.
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(Signatures must be notarized)
M:\CIP _Dl?velopment\CIP Projects\1290 Pomerado Sound Wall\Pomerado Sound Wall Easements\1290 Pomerado Rd Soundwall
Easements\PomRd South EasemenCO'Flaherty.doc
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. . 18289
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CALI~ORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss
County of ~ DieeO
onAp;. \ \"3. .;;!DO 'S before me, S "~';anw~.n~~~;g~~J~ne~~~1
Dale
personally appeared ""DOor"! \ u . AM L-ouis.e (). ~ \ a.l\erhi
Name(s)6tSlgnor(s)
~erSOnallY known to rne
~ proved to rne on the basis of satisfactory
evidence
.lIHSlIlI! D. WORIlill
- CommIsIIon # 1421698 to be the person~ whose narnem- is@
, Nalary "'*' . CafI/omIa subscribed to the within instrument and
. ......DIego ColmIv acknowledged to rne that heleAe/@ executed
MltClimni.IlipIIisJun 30, the same, in A+sfher~' authorized
. -- capacity(@ and that by his!Aef/@
signature~ 'on the instrument the personCS), or )
the entity upon behalf of which the persor(ll)
acted, executed;the instrument.
WITNESS rny hand and official seal.
~/;J.UJ~
Signature of Notary Public
I
OPT/ONAL
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.
Descriptiori,of Attached Document I
Title or Type of DOCUmenl:~<Ld ~ R.~ C6 \J n~ - PnmDllIi.A1,) R..d.
Document Date: ~'I \ \~..;;)DDS Number of Pages: Lj.
Signerls) Other Than Named Above:
I
. Capacity(ies) Claimed by Signer
Signer's Name:
I
o Individual Top oltllumb ~lere
o Corporate Officer - Titie(s):
o Partner - 0 Limited 0 General I
o Attorney-in.Fact
o Trustee
o Guardian or Conservator ,)
o Other' ,I
Signer Is Representing:
c 1999 National Notary Association' 9350 De SolO Ave,. P.O. Box 2402' Chatsworlh, CA 91313-2402 'www.nationalnotary,org Prod, No. 5907 Reord-er. Call Toli-Frae 1-800-876-6827
. . 18290
EXHffiIT "A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 314-314-03
VESTING: DARYL D. O'FLAHERTY AND LOUI$O'FLAHERTY, HUSBAND AND WIFE AS
JOINT TENANTS.
THAT PORTION OF LOT 41 OF REXFORD TERRACES, IN THE CITY OF POW A Y, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 4261, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 15, 1959
DESCRIBED AS FOLLOWS:
PARCEL 1- PERMANENT EASEMENT
THAT PORTION OF SAID LOT 41 OF MAP 4261 LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINE; BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 41 DISTANT
NORTH 89010'12" WEST (NORTH 89040'47" WEST RECORD) 14.03 FEET FROM THE
SOUTHEAST CORNER THEREOF; THENCE LEAVING SAID SOUTH LINE NORTH 00051'23"
EAST 65.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 41 AND THE POINT OF
TERMINUS OF SAID LINE.
HAVING AN AREA OF 911 SQUARE FEET MORE OR LESS.
PARCEL 2- TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF SAID LOT 41 OF MAP 4261 LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINE; BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 41 DISTANT
NORTH 89010'12"WEST (NORTH 89040'47" WEST RECORD) 20.Q3 FEET FROM THE
SOUTHEAST CORNER THEREOf'; np;;NCE LEAVING SAID SOUTH LINE NORTH 00051'23"
EAST 65.00 FEET TOAPOINT ON THE NORTH-LINE OF SAID LOT 41 AND THE POINT OF -
TERMINUS OF SAID LINE.
EXCEPTING THEREFROM: PARCEL 1 HEREIN ABOVE DESCRIBED
HAVING AN AREA OF 390 SQUARE FEET MORE OR LESS
IT ISUNOERS)::OODTIpyT ~AIDTEMPORARY CONSTRUCTION EASEMENT IS TEMPORARY
ANDSHALL TERMINATE UPON COMPLETION AND ACCEPTANCE OF IMPROVEMENTS.
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THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME ORUNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
SIGNATURE ~ ,2~
L)CENSED EAND SURVEYOR
DATE ty}ok~ Zf It:1os-
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EXHIBIT "8" 18291
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HALPER ROAD
DENOTES PARCEL 1
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911 SO. FT.
DENOTES PARCEL 2
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390 SO.FT.
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PQMERADO.RO.A:D DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
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Right-of-Way Engineering Services, Inc.
land Surveying
4167 AYENIDA DE lA PLATA, SUITE 114,
(760) 732~1366 OCEANSIDE, CA. 92056
ACAO FNAME. POMERADO_WAlL.DWG.
CITY OF POWAY
EASEMENT PLAT
POWAY ROAD :A:P:N.: 314-314-03
VESllNG: DARYL D. O'FLAHERTY AND lOUISE,O'FLAHERTY,
VICINITY MAP HUSBAND AND WIFE AS JOINT TENANTS
DRAWN: MJG DATE: 3/28/05 SHEET: 1 OF 1
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. 18292
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conyeyed by the deed or grant
dated April 13, 2005 from Daryl D O'Flaherty and Louise O'Flaherty, Grantor, to the
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City of Poway, Grantee, a political corporation and/or goyemmental 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: Mal4-1~ CITY OF POWAY
-. - Seal:-- - - . --.-BY~~~~._..
L. Diane Shea, City Clerk