Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0268897
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RECORDING REQUESTED BY. ) OFFICI!,L P,E'.DF:['C,
':"u,N [rIECiCl COUNT'I F:ECOF:[rEFi"; OFFICE
) GREGOF:, I ',;MITH. COUNT', F:ECOR['EF:
CITY OF POWAY ) FEE'" OJIII
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WHEN RECORDED RETURN TO' ) 1~IIOOllllllllllm~
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CITY CLERK ) :1005-0268897
CITY OFPOWAY 110 f\ )
POBOX 789 ~\'~~J)
POWAY, CA 92074 , )
NO DOCUMENTARY"TRANSFER TAX DUE
(For- Recorder's Use Only)
Tax Parcel No 314-533-02
GRANT OF PERMANENT ~QL1ND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY'ROAD)
NO DOCUMENT TRANSFER TAX DUE
William H. Zdvorak and Cynthia A. Zdvorak, Trustees of.theWilliam H. Zdvorak and
Cynthia A. Zdvorak Revocaole Trust Created on November 1 , 1999 hereinafter
"GRANTOP,") hereby'gra,ntsto CITY OF POWA y, (hereinafter "GRANTEE"), its
successors; or'assigns, the permanent sound wall and landscape maintenance
easement ari"d incidents 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 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, limits of the herein described
easement, where .required for thE) construction and maintenance of said sound wall In
addition, the GRANTOR hereby further grants to the city of Poway the privilege and
rightt6 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 GRANTE!=.all trees, growths (growing or that
may hereafteY'groW), and existing wall materials'withinsaid easement, 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 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 easement hereby conveyed by reason of'the location, construction, landscaping
or maintenance of said easement.
05-C:ilJLI
. . 5186
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
construct necessary related improvements as part of the proposed construction
process. This Temporary Construction Easel11erit, as de,scribed in the attactied Exhibit
A' as Parcel Bishall be valid ,only until the cohstnJ'ction 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 I y -;1... day
of jVt!lil crT, 2005 l Ji/ ,~< ~
William ~ Zdvorak "
V
(Signatures must be notarized)
M:\C1P _Developm.ent\C1P,Admin\Easements\Community'Rd Sound Wall Easements\Community Rd SoundWall
easement Zdvorak.doc
. . 5187
CALIFORNIA ALL.PURPOSE,ACKNOWLEDGMENT
State of Californi~ \
County of.. YJAI .1)) n 0
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o personally known to me
~p~~~ed to me on the basis 01 satisfactory
~ce
-.. -. -. -._ -. __ _ _ -. __ _ to be. the person(s) ~h?se. name(s) 'Ware
~ PHYLliSSHINN ~ subscnbed to the within Instrument and
.@....'commisslon#1450304acknOWledgedto me that1yi/~/they executed ,I
~ ,...' Notary Pub~c -California ~ the .sa~e in~/~~r/their, ~uth~rize?
Z ,San DlegoCounly - capacltY(les); and that by (1il>/I1af!thelr
~ MyComm. EXPire. Nov 9, 2007t signature(s) on.the instrument the person(s), or
_ __ - __ - - - - - - - -' the entity upon behalf of which the person(s)
acted, executed the instrument.
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OPTIONAL ]
Though the information below is not required by law"it may prove valuable to persof)s ielying on'the,document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Allached Document ]
lItle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above;
Capacity(ies) Claimed. by Signer
Signer's Name:
.
o Individual Top'ot thunlb hel€
D Corporate Officer ~ Title(s):
D Partner - D Limited D General
D Atlorney-in'Fact
D Trustee
o Guardian.or Conservator
D Other:
Signer Is Representing:
I!:l 1999 National Notary Association' 9350 De Solo Ave.. P.O. Box 2402' Chatsworlh. CA 91313-2402' wv>w.nationalnotary,org Prod. No. 5907 Reordef: Call TolI-Frllil 1-800-876-6827
. . 5188
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated March 14, 2005 from William H. and Cynthia A Zdvorak, 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: MdlCN\ 'V~I~ CITY OF POWAY
Seal: B~l}: 0 ~
Sherrie D Worrell, Deputy City Clerk
. . 5189
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING; WILLIAM H. ZDVORAK AND CYNTHIA A, ZDVQRAK, TRUSTEES OF THE
WILLIAM H. ZDVORAK AND CYNTHIA A, ZDVORAK REVOCABLE TRUST ,
CREATED ON 'NOVEMBER 1, 1999
APN: 314-533-02
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 64 OF LAS CADENAS UNIT NO 1, Il'lTHE CITY OFPOWAY, COUNTY
OFSAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO T,HE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED MARCH 22,'2002 AS FILE NO 2002-
0240285, DESCRIBED AS FOLLOWS.
THE EAST 14.00 FEET OF SAID LOT 64 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF.
CONTAINING 840 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 64 OF LAS CADENAS UNIT NO.1, IN THE CITY OF POW A Y, 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 DEED OF TRUST RECORDED MARCH 22, 2002 AS FILE NO 2002-
0240285, DESCRIBED AS FOLLOWS:
THE EAST 29.00 FEET OF SAID L,OT 64 OF MAP NO. 7412, ,\S MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 14 00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 900 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTR1J.CTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED HERETO:AND MADE A PART 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
~ .-2 L/ :JZ.-,t: /~ l:~
MICHAELSCHLUMPBERGER, PLS 7790 DA E
EXHIBIT US" ,
SCAlE 1--20'
~r- N 88'53'33" W 110.65'
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26'
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N 88'53'33" W 111 71'
I I NOTE. ALL DIMENSIONS' SHOWN
DENOTES AREA OF TEMPORARY CONSTRUC~ON EASEMENT HEREON ARE COMPILED FROM
900 SQ, FT,MORE OR LESS RECORD DATA,
V///~ ASSESSORS' PARCEL NO.: 314-53.3-02
CITY OF POWA Y
WILLIAM H. ZDVORAK AND CYNTHIA A. ZOVORAK, C11
Right-Or-Way Engineering Services. Inc. TRUSTEES OF THE WILLIAM H. ZDVORAK AND' CYNTHIA A, ,...
Land Surveying ZDVORAK REVOCABLE TRUST eRE A TED ON NOVEMBER 1, ~
4167 Avenida de 1a Plata Ste. 114 Oceanside, CA 92056 1999 c::>
(760) 732-1366 FAX (760) 732-1367
Drawing file nome: comm314-533-02.dwg DA TE. JUNE 1, 2004 SHEET 1 OF 1