Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0268900
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APR 04, 2005 10'32 AM
RECORDING REQUESTED BY ) UFFI[I~L RECI:IF:['S
~3,wN [IIEI_1D CCJUtH'1 F1ECOR['ER'S OFFICE
) I:lF:ECiClF:"1 ,I '_;MITHCOUr'IT'1 RECOR[IER
CITY OF POWAY ) FEES IJ no
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) F'c:.,I:;E'::, 7
WHEN RECORDED RETURN TO' ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
)
CITY CLERK )
CITY OF POWAY rby\f J!~~~
POBOX 789
POWAY, CA 92074 U, )
NO DOCUMENTARY TRANSFER TAX DUE
(For Recorder's Use Only)
Tax Parcel No 314-572-72
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
NO DOCUMENT TRANSFER TAX DUE
Macario B, Cruz and Arsenia L, Cruz, Husband arid Wife, hereinafter "GRANTOR")
hereby grants to CITY OF POW/S,. (hereinafter "GRANTEE"), its successors, or
assigns, the permanent sound wall and landscape maintenance easement and
incidents thereto for consfruction of a sound wall and landscaping upon, over and
across that certain real property"in the City of Poway, Ci;Jurity 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 embankment slopes within the liniits.of the herein described
easement, where required f6rthe .construction and maintenance of said sound wall. In
addition, the GRANTOR hereby further grants to the City of Poway the privilege and
right to landscape and maintain the easement as 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 GRANTEE all trees, growths (growing or that
may hereafter grow), and existing wall materials within s,aid easement, together with the
right tousethe 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, forhim'lherself, 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.
05-tJ.pi'
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. . 5207X
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
constrlClct necessary related improvements as part of-the proposed construction
process, This Temporary Construction Easement, as described in the attached Exhibit
'A' as Parcel B, shall be valid ,only until the coristr~ctioh has been accepted by the
GRANTEE. After such linie, the Temporary Construction Easement shall become null
and void
IN WiTNESS WHEREOF, the GRANTOR has executed this Easement this 2- day
ofMwCM , 2005
Ars
(Signatures must be notarized)
M:\CIP ..;;.Development\CIP Admin\E;.asements\Comrilunity Rd Sound Wall Ease[l1ents\Community Rd SoundWall
easement_Cruz. doc
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CALlFORNIA.'ALL.PURPOSE ACKNOWLEDGMENT 520,A
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State ot,Calffornia }ss
,County of <;:4v I) / E7. (:>
On /}J:H2Cf! t, 200J~ before me,-/J; ilL /) k/J/fiI j!Jar/'h,c,y ~ L I ,C
Dale Name and. ~e of Officer (e.g" "Jane Doe. NOtary Public") (/(.tI
personally appeared IJ, C 10/ OZ.O A# ' . ,w LO(t?A/z
, ,
Name(s)ofSigrier(s)
,D personally known to me
~roved to me on the basis of satisfactory
evidence
~ PHYlLIS SHINN to be the person(s) whose name(s) )t:zare
subscribed to the within instrument and
- Commission # 1450304 acknowledged to,me,that~/s~/they executed
~ ,-~ Notary PUblic - California ~ the same' in l\iilil'i!r/their authorized
San DIego County - capacity(ies), and' th~t by i!i\;/hllr/their
My Comm Explre. Nov 9, 2007 ' ., "
signature(s)'90 t~e instrument the person(s), or
the entity upon behalf' of which the person(s)
acted, executed'the.instrument.
I
OPTIONAL
Though ..he infonnation below is not required bylaw, it may prove valuable to person? relying on t,fJe document and could prevent
fraudulent removal and reattachment of this form to another document. I
Description of Attached Document
litle or Type of Document:
Document Date: Number ot Pages:
Signer(s) Other Than Named Above:
'I
Capacily(ies) Claimed by Signer
Signer's Name:
.
D Individual Tapa/thumb here
(, D Corporate Olficer - Title(s):
D Partner -:-'0 Limited O'General
D Attomey-in,Fact
D Trustee I
o Guardian or ConseNatc)c
D Other:
[
Signer Is Representing:
,~
@1999 National Notary As~iation . 9350 [)(! Soto Ava.. P.O. Box 2402. Chatsworth, CA 91313-2402. www.naUonalnotary.org Prod. No. 5907 Reordar: 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 2, 2005 from Macario Band Arsenia L, Cruz, 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 Hesolution No 34 adopted on January 20,1981 and the grantee consents
to recordation thereof by its duly authorized officer
Dated lMreN1 ~~- 2f)o( CITY OF POWAY
Seal: B~lUil./ DL/h]}40!
Sherrie D Worrell, Deputy City Clerk
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MACARIO B, CRUZ AND ARSENIA L CRUZ, HUSBAND AND WIFE
APN: 3 14c572, 72
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 171 OF LAS CADENAS UNIT NO 3, IN THE CITY OFPOWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO, 7567,
FILED IN THE OFFICE OF.THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED INDEED OF TRUST RECORDED JUNE 19, 2001 AS FILE NO 2001,0413423,
DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 171 OF MAP NO, 7567,
THENCE ALONG THE EAST LINEOF SAID LOT 171 NORTH 000 05' 52" EAST 104,97 FEET TO
THE NORTHEAST CORNER THEREOF;
THENCE LEAVING SAID EAST LINE ALONG THE NORTH LINE OF SAID LOT 171 NORTH 880
53' 33" WEST 16,00 FEET,
THENCE LEAVING SAID NORTH LINE SOUTH 00' 05' 52" WEST 92.96 FEET,
THENCE NORTH 570 07' 03" WEST 5.95 FEET,
/
THENCE SOUTH 000 05' 52" WEST 1,98 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID
LOT 171,
THENCE ALONG SAID SOUTHWEST LINE SOUTH 57" 07' 03" EAST 24,98 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1609 SQUARE FEET MORE OR LESS
PARCELB TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION pF LOT 171 OF LAS CADENAS UNIT NO, 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEG(), STA TEOF CALIFORNIA, ACCORDING TO THE.MAP THEREOF NO, 7567,
FILED IN THEqFFICE OF THE COUNTY RECORDER OFSANpIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN DEED OF TRUST RECORDED JUNE 19,2001 AS FILE NO 2001,0413423,
DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 171 OF MAP NO 7567,
THENCE ALONG THE SOUTHWEST LINE OF SAID LOT 171 NORTH 570 07' 03" WEST 24.98
FEET TO THE TRUE POINT OF BEGINNING;
~
THENCE CONTINUING ALONG SAID SOUTHWEST LINE NORTH 570 07' 03" WEST 9,52 FEET,
THENCE LEAVING SAID SOUTHWEST LINE NORTH 000 05' 52" EAST 86,80 FEET TO A POINT
ON THE NORTH LINE OF SAiD LOT 171,
. . 521 ()
THENCE ALONG SAID NORTH LINE SOUTH 880 53' 33" EAST 13.00 FEET,
THENCE LEAVING SAID NORTH LINE SOUTH 000 05' 52" WEST92:96 FEET,
THENCE NORTH57007' 03"WEST 5,95 FEET,
THENCE SOUTH 000 05' 52" WEST 1,98 FEET TO A POINT ON THE SOUTHWEST LINE'OF SAID
LOT 171 AND TIfE1RUE POINT OF BEGINNING,
CONTAINING 1171 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
nfEI'ILlNG OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED I:IERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHffiIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
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MICHAEL SCHLUMPBERGER, PLS 7790 ' DATE
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EXHISIT Us"
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CURVE TABLE Z' 0
CURVE DEL T A LENGTH RADIUS "- ()
C1 4114'59" 34,56' 48.00 "-
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1//,..1 NOTE: ALL DIMENSIONS SHOWN
$' HEREON ARE COMPILED FROM
RECORD DATA,
P.O.B, PCL. 'A' ASSESSORS' PARCEL NO.. 314-572-72
Right-Or-Way Engineering Services, Inc. CITY OF POWA Y
Land Surveying VESTING. MACARIO B. CRUZ AND ARSENIA L CRUZ, en
4167 Avenida de la Plata Ste. 114 Oceanside, CA 92056 HUSBAND AND WIFE ~
(760) 732-1366 FAX (760) 732-1367 ....
Drawing file nome: COMM314-572-72.dwg DA TE. JUNE 1, 2004 SHEET 1 OF 1 ~