Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0309158
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. 10273 cttc# 2005-0309158
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RECORDING REQUESTED B:f ) APR 14, 2005 2:06 PM
(~1k 1-IFIICI.6.L FiEu]R[IS
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CITY OF POWAY ) CiF:Er1flF:'1 ,I '-,1...111 H LOur'lT'1 REUIF:[IER
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'fcl~ WHEN RECORDED RETURN TO' ) P.::.'c1E':1 ~
- ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
CITY CLERK )
CITY OF POWAY ) :1005.-0309;158
POBOX 789 )
POWAY, CA 92074 )
NO DOCUMENTARY TRANSFER TAX DUE
(For Recorder's Use Only)
Tax Parcel No. 314-532-35
- GRANT OF PERMANENT ~OU.ND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEM'PORARY CONSTRUCTioN EASEMENT
FOR'SOUND.WALL (COMMUNITY ROAD)
NO DOGUMENT TRANSFER TAX DUE
Jefferv C Manna and Nelda ~.Manna, Trustees of the Manna Familv Trust Dated
June 13, 1996 hereinafter ':GRANTOR")'hereby grants to CITY OF POWAY,
(hereinafter "GRANTEE"),.its successors, or assigns, the permanent sound wall and
Iqndscape maintenance easement and incidentsthereto'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 gr,antsto the City of Poway the privilege and right to
extend excavation and embankment slopes within the limits of the herein described
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easement, where required for the\co'nstruction and maintenance of.said sound wall. In
addition, the GRANTOR hereby fur;ther grants tothe,CityofPoway the privilege and
right to lan(jscape and l11aillt9in the e.asementas qescribed ,in Parcel 'A' The;City will
install and maintairi.landscapirig as shown on landscape plans for Community Road
Improvements.
The GRANTOR.hereby fur;ther grants to GRANTEE all trees, growths (growing or that
m,ay hereafter grow),a'nd 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 successQi~,aQd assigns, hereby waives any
claim for any and all severance damages to GRA,r.;fTOR's remaining property contiguous
to the easement hereby conveyed by reason of the locaiion, construction, landscaping
or maintenance of said easement.
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. . .1027.4
" The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
construct necessary related improvements as part of the proposeckbnstruction
process. This'Iemporary .~onstruction Easement, as'(jescribed in the attached Exhibit
"A' as Parcel B, shall be valid only until the constrUction has been a'ccepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void.
IN WITNESiWHEREOF, the GRANTOR has executed this Easement this -<, day
of fl'llltl- e; , 2005
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~ ,., .anna .
f Jlin )J). )JJ~
Nelda M Manna
(Signatures must be notarized)
M:\CIP _Development\CIP Admin\Easements\Community Rd Sound Wall'Easements\Community Rd SoundWall
easement_Manna.doc
. . 10275
CALIFORNIA ALL-PURPOSE AcKNOWLEDGMENT
State ot€'illii_ j,j,e i/ /r D f; }
ss,
County ot C t-- A-,e c
On A (),rt.c;-( .1-<( ;'cJo~eforeme,~AV'iJ\-. Jv\e(,ove(?,J, A-~T14I!<.{;26e(' I
Dale _Nll.mearldTitleofOffrcer(e.g" "JaoeDoa,NQIll.ryPubllc")
personally appeared, /EtCt-f'6Y (! ;t!A;J;JA r- lJ,Et-i)A 11,l-lA,u;n
Name(s)of Slgner(s)
~rsonally known to me
o proved to me oil the basis of satistactory
evidence
;U~~~'~..,_.
." NOTARY PUBLIC to be the person(s) whose name(s) is/are
STATE OF NEVADA b 'b d h 'h' , d
CLARK su scn e to t e Wit 10 Instrument an
, - Count of
DAVID LY McGOVERN acknowledged to'me that he/she/they executed
NMo: oA2, 89?Ot-1 r IN' 26 2006 the same in his/her/their authorized
y ppom menl c'p,es ov" ' 't (') d h t b h' Ih / h '
I . ~;:'"~~u capacr y les, an t a Y IS sr t etf 1
signature(s) on the instrument the person(s), or 1
I the entity upon,behalf of which the person(s)
acted, executed the instrument.
WIJfESS my handanti~ s<;tJ
~d r .;A?ft'--v--------
SignalureofNotaryPublic
I
OPTIONAL
Thoughthe information below is not requ}red by law. it may prove valuable ropersons relying, on the document and could prevent
fraudulent removal and reattachment of this fonnto another document.
Description of Attached Document ,)
Title or Type of Oocument: 6'€A-.uf OF flEI'J1A,uiSt-ll e+.c
Document Oate: 3 ! d- 1(0 5" Number of Pages: L(
~ '
Signer(s) Other Thall Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
,I
D Individual Top of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney,in,Fact
o Trustee
D Guardian or Conservator
o Other 1
Signer Is Representing:
C 1999 National Notary Association' 9350 De Soto A~e.. P.O, Box 240'2' Chat5worth, CA 91313-2402' www.nationalnotary.orgProd.No. 5007 Reorder. Call Toll-Free 1.800.876.6827
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. . 10276
CERTIFICATE OF ACCEPTANCE
This is to certify that the ihterest in real property conveyed by the deed or grant
dated March 29, 2005 from Jeffrey C Manna and Nelda M. Manna, Trustees of the
Manna Family Trust Dated June 13, 1996, 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 \~~l ~I LrnS CITY OF POWAY
..,
Seal: By:ak~
L, lane Shea, City Clerk
. .; 10277
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING, JEFFERY c. MANNA AND NELDA M, MANNA, TRUSTEES OF THE MANNA
FAMIL Y TRUST DATED JUNE 13, 1996
APN: 314,532,35
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 4 OF LAS CADENAS UNIT NO 1, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED APRIL 20,1993 AS FILE NO 1993~
0240691, DESCRIBED AS FOLLOWS,
THE EAST 11 00 FEET OF SAID LOT 4 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 660 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 4 OF LAS CADENAS UNIT NO 1, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OFr::AqFORNIA, ACCORDING TO THE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED APRIL 20, (993 AS FILE NO 1993,
0240691, DESCRIBED AS FOLLOWS,
THE EAST 24,00 FEET OF SAID LOT 4 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF; EXCEPTING THEREFROM THE EAST 11.00 FEET AS
DESCRIBED IN PARCEL A ABOVE,
CONTAINING 780 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINA 1EWITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
A TT ACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMriNCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
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MICHAEL SCHLUMPBERGER, PLS 7790 DATE
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EXHIBIT U B"
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RECORD DATA. ClO
~///1 ASSESSORS' PARCEL NO., 314-532-35
CITY OF POWA Y
Right-Or-Way Engineering Services, Inc. VESTING, JEFFREY C, MANNA AND NELDA M, MANNA,
Land Surveying TRUSTEES OF THE MANNA F AMIL Y TRUST DATED JUNE
4167 Avenida de Ia Plata Ste. 114 Oceanside, CA 92056 13,1996
(760) 732-1366 FAX (760) 732-1367
Drawing file nome: comm314-532-35.dwg DA rE. JUNE 1, 2004 SHEET 1 OF 1