Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0280379
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DOC # 2005-0280379 ,
. REiC0RDING REQUESTED BY I: 111111111111111111111\ 1111\ 11\1111111 \\11\ 1111\ 111111\\1111111111111111
.w~ : APR 06,2005 11 19 AM
U rr~ CITY OF POWAY , uFWlcU;ECOF:["'._
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POBOX 789 )
POWAY, CA92074 )
NO DOCUMENTARY TRANSFER TAX DUE
. (For Recorder's Use Only)
Tax Parcel No. 314-532-34
GRANT OF PERMANENT SOUND WALL AND'LANDSCAPE MAINTENANCE
EASEMENT ANDTEJV1PORARY CONSTRUCTION EASEMENT 9181
FOR SOUND WALL (COMMUNITY ROAD)
NO ,DOCUMENT TRANSFER TAX DUE
Shane Chano and Anne Chano, Husband and Wife, As Joint Tenants hereinafter
"GRANT0R") hereby grants to city OF POWA Y, (hereinafter "GRANTEE"), its
successors, or assigns, the perma!l~nt sound wall.and landscape maintenance
easement and incid,ents thereto 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 asfollows.
(See Parcel"A" and 'B', attached Exhibits A and B)
The GRANTOR, hereby further grcmts to the City of Powaythe privilege and right to
extend excavation arid emqan~mentslopes within the limits oNhe herein described
easement, where requiredfbrthe construction and maintenance of said sound wall. In
addition, the GRANTOR hereby further grants to the City of Poway the privilege and
righqo landscape and maintain the easement as p6s-cribed in Parcel 'A' The City will
install and maintain landscaping as shown on landscape plans for Community Road
Improvements.
The GRANTORhereby'further grants to GRANTEE \:lll'trees, growths (growing or that
may hereafter grow),. amI existing wall materials within said easement, together with the
right to use the same in suctimanner and at such locations as said GRANTEE may
deem proper, needful or necessary, in the construction, reconstruction, or maintenance
of said easement.
TheGRANTOR"forhim/herself, his/her successors and assigns, hereby waives any
claim for any and all ,severance,damages to GRANTOR's remaining property contiguous
to the easement hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
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The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and 9182
construct'necessary related improvements as part of the. proposed construction
process. This Ter]1porary Construction Easement, as described in the attached Exhibit
'A' as P,Clrcel"~, shall be. valid only until the construction has been accepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void.
IN WITNESS WHEREOF,theGRANTOR has executed this Easement this 2-1 d day
of ,M.4+J,--h ,2005 ~~.
Shane Chang
Oc:-C-e ~
Anne Chang
(Signatures must be notarized)
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M:\C1P _Development\S;IP'Projects\1280 Community' Road Widening\CM F!le:Com~unity,Rd'Phase 3 Soundwall\Community Rd
Sound Wall Easements\Community Rd SoundWall easement_ Chang.doc
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91'88
CALlFORNIAALL.PURPOSE ACKNOW,LEDGMEN:J:
State of California . ) }
~_ . ss
County ofY'l#'!- 'IfJ?O .
On /114-.-CL./f 2 I. 200J:foreme,/Ii:YUI'; ~"'///;!/CTi?1,~7-12r0LI c.. I
. .5,- , .Name and1itle of Officer (EI.(/_, 'Jane Doe, NOlary Public')
I 1/ .
personally appeare I t1.-'
I
o person~lIy known to me
Wproved., 'to me on the basis of satisfactory
e~nce
to be the person(~ whose name(s) is/ark
subscribed to the w'ithin instrument and
acknowledgedrto me that he/sN>/thfty executed
the, same in his/h)'r/th"-D: authorized
~_' PHVLUSSHINN capacity(~_a~d that by his/~th9tc
'~ , .. ,;,omm~~n # 1460304, ' Signatur~"OQ.onthe"instrument the-peison(Sl; or
j, ' :z.,M>llc' cau,fo,mla _ the entity upori,behalf of which the person(~~
, " , MvCollin1=~;2007f, acted. executed the instrument.
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OPTIONAL
Though the information below is not requirei:iby taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
I Description of Attached Document
Hie or Type of Document:
Document Date' Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer I
Signer's Name:
o Individual Top.oJ thumb here
o Corporate Officer - Title(s):
o 'Partner - 0 Liriiited 0 General
o AtlorrieY-i"'Fact
o Trustee
o Guardian or Conservator
o Other
Signer Is Representing:
e 1999 National Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chatsworth. CA 91313-2402 . www.nationalnotary.orgProd.No. 5907 Reorder: CaJl Toll.froo 1'800-876-6827
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CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT 9184
State of Californi':, \ }
County of 51;1 j) / n u ss.
On InifT<.'C 1-12 Z 200J -:efore me, J-Jy! ( ;J l;/jiJ)/ ;ViJ!M,y-4/J-f,C.
personally appeare:" >~ ,A/;Vc C.+! /1;1/ 2 N,m, ""1<",, Off"" "'"' 'J'" DO" N",^ P,b"e")
ame(s\ofSlgner(s\
o personally known to me
~roved to me on the basis of satisfactory
! '
eVI enca
to be the person(~ whose name(~ is/a~
., PHYlLIS subscribed to thl'within instrument and
I _@....'.comml.,#SHINNacknowledgedtomethat W,/she/thV.. executed
< "/On 1450304 . ;J. u, 'YV .
> . -. , Notary PubHc . Cal :; the sam~ In 'y~/her/th,"l" authorized
, Son Diego C ,Ilamla ! capacity(i~. and that by ~her/t~
j _ _ _ ~:~m~E~~~~.:2~71 ~~~n:~~~~p~:nt~~~~ir~~:~~;~et~:r;~~~~~~~
acted, executed the instrument.
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OPTIONAL
Though the information below is 'not requiied by law, it may prove vafuab/e to persons relying on the document and could prevent
fraudulent removal and reattachment 01 this form to another document.
Description of Attached Document I
I
ntle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Top of thumb herE'
o Corporate Officer - Titte(s):
o Partner -0 Limited 0 General ,I
o Attorney'in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
"
@1999NallonaINotaryAssocialion'9350DElSoloAve., P.O. BoK2402' Chatsworth, CA 91313 2402' www.nallonalnotary.OlgProd.No. 5907 Reorder, Call Toll-Free 1-800-876-6827
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9185
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING, SHANE CHANG AND ANNE CHANG, HUSBAND AND WIFE, AS JOINT
TENANTS
APN 314-532-34
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 5 OF LAS CADENAS UNIT NO I, IN THE CITY OFPOWAY, 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 SEPTEMBER 28, 2001 AS FILE NO 2001-
0702278, DESCRIBED AS FOLLOWS.
THE EAST I 1.00 FEET OF SAID LOT 5 OF MAP NO. 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTArKING 660 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 5 OF LA,sCADENAS UNIT NO. I, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIl'ORNIA, 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 SEPTEMBER 28,2001 AS FILE NO 2001.
0702278, DESCRIBED AS FOLLOWS.
THE EAST 24.00 FEET OF SAI[) LOT 5 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 TERMINATE WITHIN 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 CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
-a/d ,2 d ,;",,,C "'$-b Zoo.,
MICHAEL SCHLUMPBERGER, PLS 7790 ATE
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EXHISIT Us"
N 89'40'47" E 111.33' SCALE '''-20 .
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28'
W
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---1 51
a... 0 N' N 0 .
"'I 0 0 <(
en LOT r- 0' 0 0
0 '" '"
~ 0:::
I 0 ~ 14027 OLIVE MEADOWS PL >-
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~ 81 MAP NO" 74-J5 "0 =>
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0 ()
, ,13.00"
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N 89'40'47" E 110.47'
I I DENOTES AREA OF TEMPORARY CONSTRUC~ON EASEMENT .
780 sa. FT, MORE OR LESS
1////1 NOTE. ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
RECORD DATA.
ASSESSORS' PARCEL NO.. 314-532-34
Right-Or-Way Engineering Services. Inc. CITY OF POWA Y
VESTING. SHANE CHANG AND ANNE CHANG, HUSBAND c:o
Land Surveying ~
4167 Avenida de 1a Plata Sle. 114 Oceanside, CA 92056 AND WIFE AS JOIN T TENAN TS
(760) 732~1366 FAX (760) 732-1367 00
Drawing file nome: COMM314~532- 34.dwg DA TE. JUNE 1 2004 SHEET 1 OF 1 ~
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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 21, 2005 from Shane Chang and Anne Chang" Grantor, to' the City of
PoWay,.Grantee, a politicalcorpdration 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 itsiduly authorized officer
Dated: .3/.:<,'/lob- CITY OF POWAY
Seal: BY.~!~~ ~
_." lane:Shea, City Clerk
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