Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0268898
- 5191 'I
. . 1IIIIIIIIIITII~IIIIIIII~rul~mll~I~IIiIIiI~rnlilllllll
APR 04, 2005 10'32 AM
RECORDING REQUESTED BY ) OFFIClp.L F,ECDRl"',
':,oN l'iE130 COUNT, f:ECDF,l'Efi", UfFll~E
) tiFiEliUFi'l ,I '-,t...1ITH UJUr'Jrr FiELUR[IEF:
CIJYOF POWAY ) FEE':, 0.00
OC. 1'1,0
) po,Gb ,~
WHEN RECORDED RETURN TO' ) I~UU~~UUUuuuuuum~
)
CITY CLERK ) :W05-0268898
CITYOF POWAY ~ 1\)
POBOX 789 J <J; <y~ri('\)
POWAY, CA 92074 ' ~f)
NO DOCUMENTARY TRANSFER TAX DUE
(For Recorder,'s Use Only)
Tax Parcel No 314-533-01
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
NO DOC~MENT TRANSFER TAX DUE
Terry Allan McNeill, A Married Mah As His Sole and SeparatePropertv, hereinafter
"GRANTOR") hereby grants to CITY OF POWA Y, (hereinafter "GRANTEE"), its
successors, or assigns, the permanent sound wall and landscape maintenance
easement and ihcidentsthereto 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 as follows
(See Parcel 'A" and 'B', attached Exhibits A and B)
The GRANTOR, hereby further grants to the City of Po way the privilege and right to
extend excavation and embankment slopes within the limits of the herein described
easement, whElre required for'the construction and hiClintenance 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 landscapeplans for Community Road
Improvements.
The GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that
mayherElafter grow), and existing wall materials within said easement, together with the
right to use.tl:te sa'1!e in such mahner ahd at such locatiOns as said GRANTEE may
de~m prQper. needful or:hecessary, in'the construction, reconstruction, or maintenance
of said easement.
The GRANTOR, for him/herself, his/her successors and assigns, hereby waives any
claim for any and all severance damages to GRANTOR's remaining property contiguous
to the easemenLhereby conveyed by reason of the location, construction, landscaping
or maintenance of said eas~ri1ent.
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
()'S-Dlo~
, .
.
5192
construct nece,~sary related improvements as part of the proposed construction
proce'ss, Thi~'Terjlporary Construction Easement, as described in the attached Exhibit
'A'as Parcel 8, shall, be valid only until the constru'ction, has been accepted by the
GRANTEE. After'such time, the Temporary Construction Ease nt shall become null
and void
IN W~ss WHEREOF, the GRANTOR has exe ted this ds
of ~I/, 2005 ~
(Signature must be notarized)
M:\CIP _Development\Cip Admin\Easements\Communfty Rd Sound Wall Easements\Cornm~nity Rd SoundWall
easement.:...McNeil.doc
. . 5193
,CALlFORNiAALL.PURPOSE ACKNOWLEDGMENT
..
State of (}'L:;L IrO/eN f If
County of SC;/'/ ))JEb 0 before me, f#Ya 15~INII/ Nor /My .Jlr /5[/ L
On f'r14IeL"If / L/. ZOOJ-
Date /1/Ac./11tmj i' Z' of offl", le,g" J", Doe, No"~ Poblie') ,
personally appeared'ltRfl.,Y /hLA# Name(s)ofSigner(s\
o personally known to me - OR -~roved to me on the basis cif:satisfactory evidence to be the person<Xl
whose name((J is/~subscribed to thl' within instrument
and acknowledged to me thathe/s~/t~yexecuted the
same in his/hJ;![/their authorized capacity(~); and that by
".-". PH\1.lIS SHINN his/tje.r/tlW.i.r signature(!Q on theinstrumenUhe person(/O,
<~ C"mmlSSion #'1450304'" or the entity upon behalf of which the person(N acted,
~ . -e Notory PYbllc, California ~ executed the Instrument.
'" "M San D/~ County -
yComm, EXplre. Nov 9. 2007 WITNESS my hand and official seal.
~
OPTIONAL
Though the information:below is nOf/equired,'bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to 8lJother document.
Description of Attached Document
Title or Type of Document:
Document Date: Number ot Pages:
Signer(s) Other Than NamedAbove:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o CorporateOtticer
Title(s): Title(s):
o Partner- 0 Limited o ,General o Partner ~ 0 Limited 0 General
o Attorney-in-Fact .0 Attorney-In-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator RIGHT THUMBPRINT
. OF SIGNER
o Other' Top of thumb here .D Other' Top of thumb here
Signer'ls Representing: Signer Is Representing:
c 1994 National Notary ASSOcIation. 8236 Rem';;;;i"Ave., P:O: Box7iM. Canoga Part.. CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free '1-600-876-6827
. . 5194
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated March 14, 2005 from 'Jerry Allan McNeill, Grahtor, to the City of Poway,
Grantee, a pol [tical corporation and/or governmental agency is hereby accepted by the
undersigned officer or agent' on behalf of the City Council pursuant to authority
conferred byResolution No 34 adopted on January 20, 1981 and the grantee consents
to recordation thereof by its duly authorized officer
Dated: Aiuu, ~'4 VJD~ CITY OF POWAY
Seal: By
herrie D Worrell, Deputy City Clerk
" .
. 5195
.
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: TERRY ALLAN MC NEILL, A MARRIED MAN AS illS SOLE AND SEPARATE
PROPERTY
APN: 314-533-01
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
TIIAT PORTlONOF LOT65 OFLAS CADENAS UNIT NO.1; IN THE.CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF C,'\pFORNIA, ACCORDING TO TIlE MAP TIlEREOF NO. 7415,
FILED IN TIlE OFFICE OF 11ffiGPUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEEP.QFTRUST RECORDED NOVEMBER 04, 2002 AS FILE NO. 2002-
0983924, DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE SOUTIIEAST CORNER OF SAID LOT 65 OFMAP NO. 7415;
TIlENCE ALONG THE EAST LINE OF SAID LOT 65 NORTIl 000 05'52" EAST56.03 FEET
(RECORD NORTH 000 20' 49" WEST) TO TIlE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET,
TIlENCE CONTINUING ALONG THEBGUNDARY OF SAID LOT 65 NORTIlERL Y,
NORTHWESTERLY AND WESTERLY ALONG TIlE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 940 35' 44" AN ARC LENGTH OF 33.02 FEET TO THE BEGINNING OFA
COMPOuND CURVECONCAVESOUTHERL Y HAVING A RADIUS.0F 270.00 FEET, A RADIAL
BEARING TO SAID POINT BEARS NORTIl 040 29' 52" WEST;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT65 SOUTHWESTERLY ALONG
TIlE ARC OF SAID CURVE THROUGH A CENTRAL OF 11 0 56~ 3i"ANARC LENGTIl OF 56.28
FEET,
THENCE LEAVING THE BOUNDARY OF SAID LOT 65 SOUTIl 000 05' 38" WEST 8.15 FEET,
TIlENCE NORTIl.880 16' 33" EA~T51.44 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 13.00 FEET,
THENCE EASTERLY, SOUTIlEASTERL Y AND SOUTHERL Y,ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 910 49' 19" AN ARC LENGTIl OF 20.83 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO SAID EAST LINE OF LOT 65 SOUTIl 000
05' 52" WEST 44.28 FEET,
TIlENCE LEAVING SAID PARALLEL LINE NORTH 88053' 33" WEST 2.00 FEET,
TIlENCE p'AI~.A.LLEL T9S,'\ID EA~T LINE OF LOT 65 SOUTH 000 05' 52" WEST 1.67 FEET TO A
POINT ON THE SOUTIILINE OF SAID LOT 65;
THENCE LEAVINGSAID'PARALLELLINE ALONG SAID SOUTH LINE SOUTIl 880 53' 33" EAST
14.00 FEET TO TIlE POINT OF BEGINNING
CONTAINING 1,768 SQUARE FEET MORE OR LESS
,.
, . .
5196
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 65 OF LAS CADENAS UNIT NO. I, IN TIffiCITY OF POWA Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7415,
FILED IN THE OFFICE OF TIffiCOUNTY RECORDER OF SAN,DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED NOVEMBER 04, 2002 AS FILE NO 2002-
0983924, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 65 OF MAP NO. 7415 DISTANT
TIffiREON NORTH 880 53' 33" WEST 29.00 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT 65 NORTH 000 05' 52" EAST 51.75 FEET
(RECORD NORTH 000 20' 49" WEST);
TIffiNCE NORTH 890 54' 08" WEST 53.82 FEET;
TIffiNCE NORTH 000 05' 38" EAST 11.55 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTIffiRL Y HAVING A RADruS OF 270.00 FEET, ALSO BEING A POINT
ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 65, A RADIAL BEARING TO SAID
POINT BEARS NORTH 17046' 23" WEST,
THENCE ALONG SAID NORTHERLY BOUNDARY NORTIffiASTERL Y ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 01019' 59" AN.ARC LENGTH OF 6.28 FEET,
TIffiNCE LEAVING SAID NORTIffiRL Y BOUNDARY SOUTH 000 05' 38" WEST 8.15 FEET,
THENCE NORTH 88016' 33" EAST51.44 FEET TO TIffi BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADrus OF 13,OO'FEET,
TIffiNCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 910 49' 19" AN ARC LENGTH OF 20.83 FEET,
TIffiNCE TANGENT TO SAID CURVE PARALLEL TO SAID EAST LINE OF LOT 65 SOUTH 000
05' 52" WEST 44.28 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 880 53' 33"WEST 2.00 FEET,
THENCE PARALLEL TO SAID EAST LINE OF LOT 65 SOUTH 000 05' 52" WEST 1.67 FEET TO A
POINT ON SAID SOUTH LINE OF LOT 65;
THENCE LEAVING SAID PARALLEL LINE, ALONG SAID SOUTH LINE NORTH 880 53' 33"
WEST 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,322 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT, SHALL TERMINATE WITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF TIffi COMMUNITY ROAD SOUND WALL
PROJECT
A TIACHEDI;IERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
~:,
"1 .
. 5197
THIS,REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION,"IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
~ 7$ AI{"> d<+ I,; 1'.;'01
MICHAEL SCHLUMPBERGER, PLS7790 DATE
.
"
CURVE TABLE EXHIBIT uB" LINE TABLE
OURVE DELTA LENGlH RADIUS UNE LENGlH BEARING
Cl 94'35'44' 33.02' 20.00 L1 lL55 NOO'05'38~E
C2 91"49'19' 20.83' 13.00 L2 8.15 NOO'05'38~E
C3 11'56'32' 56.28' 270.00 \1It:.t--DO~S OR ,\It. L3 L67 Noo'65'52'E
C4 li9~59' 6,28' 270.00 L4 2;00 S88'53'33~E
C5 3i3'40' 15.21' 270.00
C6 67"53'31' 23.70' 20.00 O\..\ \Jt:.
.
l- N 89"54'08' W 53.82'
D::
::> I Cl
0 <
U ;'-'0
in ~D:: SCALE '--20
< 26' LO-r No. 65 ":
lJ) "'
(.Tl iii >-
w Co I-
::E .... 13941 OUVE MESA COURT
ui w Z
~ "'I . ::>
w J\JJ A P NO. 74-J5 ~::E
:J 1'-1 in::E
0 I '" Po
<0 gu
P
0 z
z
81.65'
- -
N 88"53'33' W 110.65' POB PCl 'A'
POB PCl 'B'
I.., I NOTE: ALL DIMENSIONS SHOWN \,f1
HEREON ARE COMPILED FROM -'
r///l RECORD DATA. ....s.)
ASSESSORS' PARCEL NO.: 314-533-01 o;:,<Q
CITY OF POWA Y
Inc.
VESllNG: TERRY ALLAN MC NEILL, A MARRIED MAN AS
HIS SOLE AND SEPARATE PROPERTY
DATE: AUGUST 19, 2004 SHEET 1 OF 1