Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0268899
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APR 04, 2005 10'32 AM
RECORDING REQl!.IESTED BY ) OFFIUoL RECCiF:[",
S..:..I.N [IIE[~D COUtH'1 RECOF:[IER'S OFFII~E
) ClF:EGOF:'1 ,I '~tviITH COUNT'I F:ECORCiEFl
CITYOFPOWAY ) FEE" u.OO
OC t.J.I..I
) F':':'.GE':I ,
WHEN RECORDED RETURN TO' ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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CITY CLERK ~O '" ) :1005-0268899
CITY OF POWAY \ ~ )
POBOX 789 btJl.;" )
POWAY, CA 92074 \ )
NO DOCUMENTARYTRANSFER TAX DUE
(For Recorder's Use Only) 5199
Tax Parcel No 314-532-32
GRANT OF PERMANEt-lTSOUND WALL AND LANpSCAPE MAINTENANCE
EASEMENT ~.NP TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
NO DO~UMENT TRANSFER TAX DUE
Terrence C., Smith and Cyrithia J. 'Smith, Husband and Wife, As Community Property
With Riqht of Survivorship hereinafter nGRANTORn) hereby grants to CITY OF POWAY,
(hereinafternGRANTEEn), its successors, or assigns, the permanent soundwall and
landscape maintenance easemenLand incidents theret() for construction of a sound wall
and landscaping upon, overcirid across that certain real.property in the City of Poway,
County of San Diego, State of California, described as follows:
(See Parcel 'An and 'B', attached Exhibits A and B)
The GRANTOR, hereby furihergrants to the City of Poway the privilege and right to
extend excavation andemballkment slopes within the limits of the herein described
easement, where required forth~construction and maintenance of said sound wall. In
addition"the GRANTOR he~ebyfurther 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 mairitainlandscaping 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 said easement, together with the
right to use the same in such manner and at such locations as said GRAt\JTEE may
deem proper, needful or necessary, in the construction, reconstruction, or maintenance
of said easemenL
The GRANTOR, for him/herself, his/her successors and assigns, hereby waives any
claim for any and all severanc_e damages to GRANTOR's remaining property contiguous
to the easemer'1t hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
Cfro<.o0
. . 5200
.'
'The GRANTOR hereby further grants to GRANTEE the righUo temporarily enter and
construct necessary related improvements as pari 6fthe proposed construction
process. This Temporary Construction Easem'e.8t, a~;descrfbed in the attached Exhibit
'A";as Parcel'B, 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, the GRANTOR has executed this Easement this ~ day
of ffia.l't..n ,2005
.-S............ ~ Q.. ~~
Terrence C Smith
~ ~1fu'tlv
Cyri . a J Smith .
(Signatures must be notarized)
M:\CIP:....Development\~IP,Admin\Easements\Community Rd Sound Wall Easements\Community Rd SoundWall
easement_Smith .doc
. . 5201.
CALlF.,ORNIA ,ALL.PURPOSE ACKNOWLEDGMENT
-~. .- ..'-" " -, -
Stateaf Califarnia } ss.
County af So0 D\~Q
On N\o\'lt- ~;~5 befare me,~~:J?':~~"~~:N~~ t11\ic. ,I
I
Date
I
pe'rsanally appeared I
Name(s)of $igner(s)
o persanally..Knawn to me I
5 proved to' me an the basis af satlsfactary
, D:WORIlIL1 evidenc~
. ~.lllln,il42f698 to. be the: persar@ whase nam.e Isllliil
,I '1I1~=.~
subscribed to. ,the within instrument and
,MfClDRno__JlInIO. acknawledged ta:m~,that he/she/l51i1executed
" -, the same in hjs/her~ authorized
capaclty(@ 'and that by hls/her/~
signature~i an the instrument the persan~,'ar
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the entity up.on behalf af which thepersar@
acted, executed,the instrument.
WITNESS my hand and afficlal seal.
~PJ-W~ I
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relymg on the document and could prevent
, fraudulent removal.and reattachment of this form to another document.
.
Description of Attached Document ,I
TitleorTypeatDacumen~~ ~ P-"AJ'lY"QI'1'\l2i\I..::t ~ ~
Dacument Date: ~. c-J.. . (1)~ Number af Pages: 5
Slgner(s) Other Than Named Abave:
Capacity{ies) ClaimeCl by Signer
Signer's Name: I
o Individual Top of lhumb here
o Carporate Officer -Tille(s):
o Partner ~ 0 Limited O'General
o Attorney-in,Fact
o Trustee
D Guardian.or ConselVator I
o Other:.
Signer Is Representing:
"
@1999NationalNotaryAssociation'9350DeSotoAve., P.O. Bo~ 2402' Chatsvrorth, CA 91313-2402' wWW na~onalnolary.olg Prod. No. 5907 Reorder.CaIIToll-Freel.800.S76-6827
. . 5202 .
CERTIFICATE OF ACCEPT,ANCE
This is to certify that the .interest in real propertycoriveyed by the deed or grant
dated: March 2, 2005 from Terrence C and Cynthia J Smith, 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 Oity 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. ~ 'j".-"}, IJA;;o.j CITY OF POWAY
Seal: B
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5203
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING. TERRENCE C. SMITH AND CYNTHIA J. ,SMITH, HUSBAND AND WIFE, AS
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
APN: 314-532'32
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 7 OF LAS CADENAS UNIT NO. I, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THEMAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE'COUNTY RECORDER OF SAN DIEGO COUNTY, AUGl!ST 30,
1972, AS. DESCRIBED IN DEED OF TRUST RECORDED APRIL 01;2003 AS FILE NO 2003-
0358553, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7 OF MAP NO 7415,
TIlENCE ALONG TIlE EAST LINE OF SAID LOT 7 NORTH 000 30' 05" EAST 60,02 FEET TO THE
NORTIlEAST CORNER THEREOF;
THENCE LEAVING SAID EAST LINE ALONG TIlE NORTH LINE OF SAID LOT 7 SOUTH 890 40'
47" WEST 14.00 FEET,
THENCE LEA VING SAID NORTIl LINE SOUTH 000 30' 05" WEST 1.67 FEET,
TIlENCE NORTH 890 40' 47" EAST3.00 FEET,
TIlENCE SOUTIl 000 30' 05" WEST'58.35 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT
7.
THENCE ALONG SAID.sOUTH LINE NORTIl 890 40' 47" EAST 11.00 FEET TO THE POINT OF
BEGINNING
CONTAINING 665 SQUARE FEET MORE OR LESS
PARCELB TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 7 OF LASC,ADENAS UNITNO. I, !N' THE CITY OF POW A Y; COUNTY
OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO TIlE MAP THEREOF NO 7415.
FILED IN THE'OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30.
1972, AS DESCRIBED IN DEED OFTRUST RECORDED APRIL 01, 2003 AS FILE NO 2003-
0358553. DESCRIBED AS FOLLOWS.
COMMENCING AT THE'SOUTHEAST CORNER OF SAID LOT 7 OF MAP NO. 7415,
THENCE ALONG THE SOUTH LINE OF SAID LOT 7 SOUTH 890 40' 47" WEST 11.00 FEET TO
TIlE TRUE POrNT OF BEGINNING;
TIlENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 890 40' 47" WEST 16,00 FEET,
., THENCE LEAVING SA.OUTH LINE NORTH 000 30' 05" EAST 60t,EET TO A POINT ON
,
THE NORTfILINE'OF SAID LOT 7,
THENCE ALONGSAJD NORTH LINE NORTH 890 40' 47" EAST 13.00 FEET, 5204
THENCELEAVINQSAID NORTH LINE SOUTH 000 30' OS" WEST 1.67 FEET,
THENCE NORTH 890 40' 47"EAST 3.00 FEET,
THENCE SOUTH 000 30' OS" WEST 58.35 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING 955 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
ATTAGHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BYME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
~2P Tt/,>e- ze, Z~
,
MICHAEL SCHlUMPBERGER, PLS 7790 DATE
04:
LINE TABLE EXHIBIT uB"
LINE LENGTH SEARING
L1 1.67 NOO"30'05"E .
L2 3.00 N89'40'47"E
SCAlE , "''!"'20
N 89'40'47" E 113.05'
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N 89'40'47" E 112.19' P.O.B.
T.P.O.B. PARCEL 'A'
I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT PARCEL'S' NOTE: ALL DIMENSIONS SHOWN
955 SQ. FT. MORE OR LESS HEREON ARE COMPILED FROM
RECORD DATA.
V///~ DENOTES AREA OF SOUNDWALL AND LANDSCAPE ASSESSORS' PARCEL NO.. 314-532-32
MAINTENANCE EASEMENT
665 SQ. FT. ACRES MORE OR LESS CITY OF POWA Y en
Right-Oi-Way Engineering Services. Inc. ~
Land Surveying VESTING: TERRENCE C. SMITH AND CYNTHIA J. SMITH. Q
4167 Avenida de la Plata Ste. ,114 Oceanside. CA 92056 HUSSAND AND WIFE, AS COMMUNITY PROPERTY WITH
(760) 732-1366 FAX (760) 732-1367 RIGH1S OF SURVIVORSHIP
comm314-532-32
DATE: JUNE 23, 2004 SHEET 1 OF 1