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Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0309156 _._-~ . I D~C # 2005-0309156 , , . '" ". - ~~' 111111111111111111111111111 1111111111111111111111111111111111111111111 ' , ' ~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 ~ l.l~~buFrl .1 5r'..1ITH [uur'JT'1 F:ECOF:[IEF: ) FEt '_, o.no [Ie 1'1," WHEN RECORDED RETURN TO' l F'1.:.,ClE :, , ) 111111111111111111111110111111111111011101111111111111 0111 01111111111111111 CITY CLERK ) CITY OF POW AY ) I 2005-0309156 POBOX 789 ) POWAY, CA92074 \ 0 25C\ ) (For Recorder's Use Only) - .. - 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 . 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) -' . - 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' ..~~ <( &1 0 0::: ^''/ 23.00' :.. m !:! (a. U') >- ! N 89"29'55" W '<0 I "'. :~/1~ f- .t. ". W~O Z w .' b :J /.., LO! -J-J . ' , 10 "'? U') . o . ::::E .0 o. O/jO t .~I 14061 OLIVE O. .I"'l .0 ::::E t". '8/1z ,., ...... /ql MEADOWS PL 0 0 ;,. c; 0 .z () r-~<: z [!!~ MAp No" 74-J5 <: 15.25' .... 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: - @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 . , ~O'265 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