Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0309156
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. I D~C # 2005-0309156 ,
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~fr RECORDING REQUESTED' BY ) APR 14, 2005 2:06 PM
) CiFFICI.....L RECDFi[IS
CIT't:'OFPOWAY ) ',,i.:,,r'l ~1~Ell0 CUI rr'Jl I RECOF:[IEF:'~, uFFICE
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WHEN RECORDED RETURN TO' l F'1.:.,ClE :, ,
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CITY CLERK )
CITY OF POW AY ) I 2005-0309156
POBOX 789 )
POWAY, CA92074 \ 0 25C\ )
(For Recorder's Use Only)
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Tax Parcel No 314-532"28
GRANT OF PERMANENT SOljND WALL AND LANDS6APE MAINTENANCE
EASEMENT AND TEMpORARY CONSTRLJc:TIQN EASEMENT
FOR souND WALL (COMMUN'ITY ROAD)
NO DOCUMENT TRANSF.ER 'TAX DUE
JMartinA Tice and Maria J.Tice, Trustees of the Tice Familvlrust. Gated ApriL 1.2004,
hereinafter "GRANTOR") hereby'grants to CIJYOF POWA Y, (hereinafter "GRANTEE"),
its successors, or assigns, me pe;tmanent sound wall and'landscape maintenance
easement and incidents thereto for'construction of a sO,und wall and landscaping upon,
over and across that certain real property in.the City of PO way, 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 embankmentslopes within the limits of the herein described
easement, where required'fm'the construction and maintenance of said sound wall. In
- .. addition; ttie GRANTOR herebyJurthercgrants to the,City.o(Poway the,privilege and . - - -
right to landscape and f)1ajhtairi the ea~ement,as described.in Parcel 'A' The Citywill
instal/, and maintain landscaping as shown on landsc'ape plahs forC9niml:mity Road
Improvements.
"[he GRANTOR hereby furthM'grants to GRANTEE aI/tree,s; growths (growing or that
may'hereaftergrow), and existingwal/ materials with,in i'faid E!aSement, together with the
rightto 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 himfh'e~self, his/her sLJccessors and assigns, hereby waives any
claim for any and aI/severance damages to GRANTOR'~ remaining property contiguous
to the easement hereby conveyed by reason ofthe Idcation, construction, landscaping
or maintenance of said easement.
The GRANTOR hereby further grants to GRI\NTEE the righl'to temporarily enter and
65 -ml
. ~O260
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cbnstructl1~.cei:;-safY rel'!ltea~'-improvements as part of the(proposedcohstruction
process This Temporary Construction .Easement, as described,in the attached Exhibit
'A' as Parcel:S:,shal/oe'valid only until the constructionhas:been accepted by the
GRANTEE'. )l.fte~ such'time, the Temporary Construction Easement shal/ become nul/
and void.
IN .wITNES:t'HERE~he)3RANTOR has executed this Easement this '2.( day
of f11 cur... , 20 1010 \
tr:~ NC
Martin A. Tice
10 C{/LA.CL-- ~. ::z;
~ - - Maria J Tice
(Signatures must be notarized)
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M:\engserv\cip\Easement5\'Community Rd Sound'Wall Easements\Community Rd SoundWali easement_Tice.doc
. . 10261
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MARTIN A. TICE AND MARIA J. nCE, TRUSTEES OF THE TlCE FAMILY
TRUST, DATED APRIL 01, 2004
APN: 314-532,28
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTlON OF LOT II OF LAS CADENAS UNIT NO. 1, IN THE CITY OF POWAY, 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 GRANT DEED RECORDED APRIL 9, 2004 AS FILE NO. 2004-0303217,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11 OF MAP NO. 7415;
TIlENCE ALONG TIlE EAST LINE OF SAID LOT 11 SOUTH 000 30' 05" WEST 91.98 FEET
(RECORD SOUTH 000 03' 38" WEST) TO TIlE SOUTH EAST CORNER OF SAID LOT II,
TIlENCE LEAVING SAID EAST LINE ALONG TIlE SOUTHEASTERLY LINE OF SAID LOT II
SOUTIl 670 08' 22" WEST 15.25 FEET,
THENCE LEAVING SAID SOUTHEASTERLY LINE PARALLEL TO SAID EAST LINE NORTIl 000
30' 05" EAST 76.65 FEET;
TIlENCE LEAVING SAID PARALLEL LINE NORTIl 890 29' 55' WEST 30.00 FEET,
TIlENCE PARALLEL TO SAID EAST LINE NORTIl 000 30' 05" EAST 21 77 FEET TO A POINT ON
TIlE NORTH LINE OF SAID LOT II,
TIlENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTIl LINE SOUTIl 880 59' 59" EAST
44.00 FEET TO TIlE POINT OF BEGINNING.
CONTAINING 1,980 SQUARE FEET MORE OR LESS
PARCELB TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT II OF LAS CADENAS UNIT NO. I, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINGTO TIlE MAP TIlEREOF NO. 7415,
FILED IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN GRANT DEED RECORDED APRIL 9, 2004 AS FILE NO. 2004-0303217,
DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT ON THE NORTIl LINE OF SAID LOT II OF MAP NO. 7415 DISTANT
THEREON NORTIl 880 59' 59" WEST 44.00 FEET FROM TIlE NORTHEAST CORNER TIlEREOF;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT II SOUTIl 000 30' 05" WEST 21 77 FEET
(RECORD SOUTH 000 03' 38" WEST);
TIlENCE LEAVING SAID PARALLEL LINE SOUTIl 890 29' 55' EAST 30.00 FEET,
. . 10262
THENCE PARALLEL TO SAID EAST LINE SOUTH 000 30' 05' WEST 76.65 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF SAID LOT II,
THENCE LEAVING SAID PARALLEL LINE ALONG SAID SOUTHEASTERLY LINE SOUTH 670
08' 22" WEST 14.16 FEET,
THENCE LEAVING SAID SOUTHEASTERLY LINE PARALLEL TO SAID EAST LINE NORTH 000
30' 05" EAST 74.26 FEET,
THENCE LEAVING SAID PARALLEL LINE NORTH 890 29' 55" WEST 23.00 FEET,
THENCE PARALLEL TO SAID EAST LINE NORTH 000 30' 05" EAST 29.82 FEET TO A POINT ON
THE NORTH LINE OF SAID LOT II;
THENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTH LINE SOUTH 880 59' 59" EAST
6.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,348 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITIllN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
A TI ACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHmIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
~ 24 4//~//~1- I? zee4
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
CURVE TABLE EXHIBIT uB"
CURVE DELTA LENGlH RADIUS
C1 50'53' 45" 42:64' 4800 POB PCL "B" POB PCL "A"
LINE TABLE
UNE LENGlH BEARING
L1 21.77' NOO'30'05"E
L2 29.82' NOO'30'05"E 0 SCALE 1-.40'
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15.25'
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OLIVE MEADOWS PLACE "7'
II DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT .....
.. ..
1,348 SQ. FT. MORE OR LESS NOlE. All DIMENSJONS SHOWN Q
HEREON ARE COMPILED FROM ~
V//~ DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA. ~
MAINTENANCE EASEMENT ~
1,980 SQ. FT. MORE OR LESS ASSESSORS' PARCEL NO.: 314-532-28
Right-Or-Way Engineering Services, Inc. CITY OF POWA Y
Land Surveying VESTING: MARTIN A. TICE AND MARIA J. TICE, TRUSTEES
4167 Avenida de la Plata Ste. 114 . Oceanside. CA 92056 OF lHE TICE FAMILY TRUST, DATED APRIL 1, 2004
(760) 732-1366 FAX (760) 732-1367
Drawing file name: comm314-532--28.dwg DATE: AUGUST 19, 2004 SHEET 1 OF 1
. . 1.0264
CALiFORNIA,ALL.PURPOSE"ACKNOWLEDGMENT
State of California } ss
County of CO'6'\trc. C~.k
On 3- ~"I- OS' before me, 8.S.. StA.~\\/)n~\A
Date Name arid Tille 01 Officer (e.g.';"Jane Doe, Notary Public"1
personally appeared ..J'l\ 0.. r \\() p.,.~i.c.e ~ Mo..x'\ 0.- "'S. TlC.e
Name(s)of Slgner(s)
)<(personally,known to ine
o proved to me on the basis of satisfactory
evidence
- - . to be the p,erson(s) whose name(s)is/are -
subscribed .to the 'within instrument 'arid
~a S,8. SAKELLARIOU t acknowledged to:me that he/she/they execuled
the same, in his/her/their authorized
... COMM'1419034 capacity(ies); and that by his/her/fheir
& , NOTARYPUBLJC':CAUFORHlA signature(s):on the instrument,the persori(s), or
CONTRA COSTA COUNTY ;...
II y" My Comm. Expires May 20; 2007/1 the entity upon behalf of which the person(s)
acted~ eX8c':lted t.~e'i~strument.
I' W7~C:~:Ii,s:a' I
1
OPTIONAL
Though the information below is not required by law, it may prove I/a/vable to perSons relying on the document and could prevent
fraudulent removal and reattachment of this lonn'to anathEu do'cument.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: ]
Signerls) Other Than Named Above:
.Capacity(ies):Claimed 'by !?igner ' I
Signer's Name: ,]
o Individual Topofthumb ~eTe
o Corporate Officer - Title(s):
o Partner ~ 0 Limited 0 General 1
o Attorney-in-Fact 1
o Trustee ]
o Guardian or Conservator. ]
o Other
1 1
1 Signer Is Representing:
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@1999 National Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA. 91313.2402' WWW,nationalnolaryorg Prod No.Sg07 ReordBr: Call TolI.Free 1.800.876.6827
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated March 29, 2005 from Martin A. Tice and Maria J Tice, Trustees of the Tice
Family Trust Dated April 1, 2004, 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 Y.S,os CITY OF POWAY
Seal: BYP:1~
L. Diane Shea, City Clerk