Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0309157
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, , 2005-0309157
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RECORDING REQUESTEG BY ) APR 14. 2005 2:06 PM
.~ ) DFFWIAL F:ECOFi[IS
. CITY OF POWAY ) C,.:;.Ji [IIEI~lO r'nUNT'1 F:ECOF:CIEW.-:, OFFII_.E
l_lFJECiUF;'1 ,I ,:;~,,'1ITH COU~'~T'I F:ECOF:[IER
~W ) FEE' n 00
OC. 11.0
WHEN RECORDED RETURN TO' ) F-'uGE'; ,
) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
CITY CLERK )
CITYOF POWAY )
POBOX 789 ) 2005~O30~157
POWAY, CA 92074 )
NO TRANSFER TAX DUE
(For Recorder's Use Only)
Tax Parcel No. 314-450-26
GRANT OF PERMANENT SOUND WALL AND LANDsCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTiON EASEMENT
FOR SOUND.WALL (COMMUNITY ROAD)
NO DOCUMENT TRANSFER TAX DUE
Joseph James Oleksa and Nancy Ann Oleksa. Husband and Wife, As Joint Tenants,
hereinafter "GRANTOR") her$py grants to CITY OF POVYAY, (hereinafter "GRANTEE"),
its successors, or assigns, the.permanentsound wall 'and landscape maintenance
easement and incidents.thereio'fm 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 rightto
extend excavation and embankmentslopes within the limits of the herein described
easement, whererequired 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 iandscape and maintain the easementas 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 GRANTESJalltrees, 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 ~1J(j assigns, hereby waives any
claim for any and all severance damages to GRANTOR'sremainihg property contiguous
to the easement hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
05 -cAD
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construct necessary felatedimprovements as part of ,the proposed construction
process. This TemporaryConstructibn Easement, as descrii:Jed in the attached Exhibit
'A' as Parcel B,shall be valid only'until the constructioJi has. beell 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 ()CJ( day
of J1l.lA/'c.~ ,2005
. ,
:; c::KL-
ames Oleksa
leksa
(Signatures must be notarized)
M:\CIP _Development\CIP Projects\1280 Community Road Wiq'ening\CM File:Commullity'Rd Phase 3 Soundwall\Community Rd
Sound Wall Easements\Community.Rd SoundWall easement_Oleksa.doc
. . 10268
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~ . . .~.cc.c<'..c<"...e<-..c<'~-C<'vC<',e<:',C<'~~~~~.c<'.c<:'.cc&vC<'-C<'..c<',cc..cc..c<'.cc..c<'..c<'..c<',(X'~.c<'.c<'.c<'&<,~ :):'
State of California } ss
County of 5Qf\ b~
on)Al1Vih'2~ (Y) , before me, ,
personally ap;e:red~Yl J(l,WS ()~t::"!;ffi'i-J~~O~;~Nlrn~'"}V '~
Name(s) ofSlgn~r(s)
prsonallY known to me
I J.- ~'!:::.: -, I proved to me on the basis of satisfactory
evidence
persorWwhose name@i81~
NoIary PuIlIlc . CaIIfomlo f to be the
Ian DIIIgo County - subscribed to the within instr
MyCaml.&pns0cl2J,2007 acknowledged to me that ~ executed
the same in -hIS/bet/ ei authorized
capacitY~ and that by biS1Ii~
signature s on the instrument the perso " s~
the entity upon behalf of which the perso
acted, executed the instrument.
Place Notary Seal Above I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and Gould prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Doc)11ent {2 S d ' IiiiId .
TitleOrTypeOfDocument:~' A1 1j)rY1. /'i))J1 ll.J(j,fJ 5 . Ll.i1tA1J
, rdAff~
Document Date: S. Z. tJ 0":;- Number of Pages: (p
Signer(s) Other Than Named Above: ~ JOItJ-L
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top 01 thumb here
o Corporate Officer;- Tille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing:
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C 1999 National NOlarl Association. 9350 De Solo Ave" P.O. So. 2402' Chatsworth. CA 91313.240~' www.nalionalnotary.org Prod. No. 5907 Reoroor: Call TolI.Free 1.BOQ.876--6827
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10269
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: JOSEPH JAMES OLEKSA AND NANCY ANN OLEKSA, HUSBAND AND WIFE,
AS JOINT TENANTS
APN' 314-450-26
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 8 OF POWAY MESA Ul'iITNO 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 09,1971,
AS DESCRIBED IN DEED OF TRUST RECORDED DECEMBER 15,1993 AS FILE NO 1993-
0847034, DESCRIBED AS FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8 OF MAP NO 6961,
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 000 30' 05" WEST 124 02 FEET
(RECORD SOUTH 000 30' 57" WEST),
THENCE LEAVING SAID EAST LINE AT RIGHT ANGLES NORTH 89029'55" WEST 2,00 FEET,
THENCE PARALLEL TO SAID EAST LINE NORTH 00030' 05" EAST 124,50 FEET TO A POINT
ON THE NORTH LINE OF SAID LOT 8,
THENCE LEA VING SAID PARALLEL LINE ALONG SAID NORTH LINE SOUTH 750 58' 55" EAST
2,06 FEET TO THE POINT OF BEGINNING.
CONTAINING 249 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 8 OF POWAY MESA UNIT NO. I, 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 1971
AS DESCRIBED IN DEED OF TRUST RECORDED DECEMBER 15, 1993 AS FILE'NO 1993~ '
0847034, DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 8 OF MAP NO. 6961
DISTANT THEREON NORTH 75058' 55" WEST 2,06 FEET FROM THE NORTHEAST CORNER
THEREOF,
THENCE PARALLEL TO THE EAST LINE OF SAID LOT 8 SOUTH 000 30' 05" WEST 124,50 FEET
(RECORD SOUTH 000 30' 57" WEST);
THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES SOUTH 890 29' 55" EAST 2,00
FEET TO A POINT ON THE EAST LINE OF SAID LOT 8,
THENCE ALONG SAID EAST LINE SOUTH 000 30' 05" WEST 8.32 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 8,
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THENCE LEAVING SAID EAST LINE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 8
NORTH 45000' 17" WEST 14.Q2 FEET,
THENCE LEAVING SAID SOUTHWESTERLY LINE PARALLEL TO SAID EAST LINE NORTH 000
30' 05" EAST 124,91 FEET TO A POINT ON SAID NORTHERLY LINE,
THENCE LEAVING SAID PARALLEL LINE "'LONG SAID NORTHERL Y LINE SOUTH 750 58' 55"
EAST 8.23 FEET TO THE POINT OF BEGINNING,
CONTAINING 1,038 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF TIlE COMMUNITY ROAD SOUND WAll
PROJECT
ATTACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRlPTION IS A PLA T
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
J-h.,~ ,2 ~ m..,..d. ~ Za>S
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
CURVE TABLE EXHIBIT uB" LINE TABLE
LINE lENGTH BEARING
CURVE DELTA lENGTH RADIUS L1 8.00 NOO'30'OS "E
C1 44'29'38" 37.28' 48.00 l2 2.00' N89'29'SS"W
.>.... l3 8.32' SOO'30'OS"W
^' 75"5 l4 14.02' N4S'00',7"w
~ :::; 8'55"
_1',1 10696'
- POB PCl "B"
e; 2,06'
POB PCl "A"
8.23' .
~ I ('-r r;
~D 0 8'
"-
~ " 14111 KENDRA WAY 2' SCALE 1"~30'
" 0
" "" j\;JJ-\ P NO, 696-J
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...... -' "
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DRAINAGE EASEMENT DEDICATED /~ 0
;S
AND ACCEPTED ON MAP 6961 '0. " U
;)>,
~
I I DENOTES AREA OF TEMPORARY " ....
CONSTRUC~ON EASEMENT NOTE, ALL DIMENSIONS SHOWN
1,038 SQ, FT, MORE OR LESS HEREON ARE COMPILED FROM
RECORD DATA.
t/ / /1 DENOTES AREA OF SOUNDWALL AND LANDSCAPE L.3 ASSESSORS' PARCEL NO,. 314-450-26
MAINTENANCE EASEMENT CITY OF POWA Y
249 SQ. FT' MORE OR LESS
Right-Of-Way Engineering Services. Inc, VESTING. JOSEPH JAMES OLEKSA AND NANCY ANN
Land Surveying OlEKSA, HUSBAND AND WIFE. AS JOINT TENANTS
4167 Avenidade 1a Plata Ste. 114 . Oceanside. CA 92056
(760) 732-1366 FAX (760) 732-1367 DA TE, MARCH 8. 2005 SHEET 1 OF 1
Drawing file name: comm314 450 26.dwg
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10272
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: March 29, 2005 from Joseph James Oleksa and Nancy Ann Oleksa, 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, ~vUl 5,?(ff:; CITY OF POWA Y
Seal: Bya;~~
, iane Shea, City Clerk