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Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0204415 . , . \ 13487 ooc# 2005-0204415 1111111111111111111111111111111111111111111111111111111111111111111111 - ~ - RECORDING REQUESTED.,BY ) MAR 11 , 2005 2:33 PM ~ ) CITY OF POWAY ) OFFWI".L F:ECOF:[,'" I ~,.c:',H [IIEI_iU UJUHT', RECUF',[IER'C, DFFICE I'W ) liFiUll~IF:'1 .1 9/HTH UJiJt'JT'1 F:EC:iJR[IER FEE'" I}IXI WHEN RECORDED RETURN TO' ) [lC II." ) F~.I3E': : CITY CLERK ) 1~"~WIOOWWOO~OOoooooom~ CITY OF POWAY ) POBOX 789 ) 2005-0204415 POWA Y, CA 92074 ) NO DOCUMENTARYTRANSFER TAX DUE (For Recorder's Use Only) Tax Parcel No 314-572-62 GRANT OF PERMANENJSOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT ANDTEMPORARY CONSTRUeTION EASEMENT FOR SOUND WALL(COMMUNITY ROAD) NO DOCUMENTARY TRANSFER TAX DUE Brian Austin, hereinafter "GRANTOR") hereby grants to CITY OF POWA Y, (hereinafter "GRANTEE"), its successors, or assigns, the permanent sound wall and la!:ldscape maiiltenanceeasement and incidents thereto for construction of a sou!:ld 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 gr~mts to the City of Powaythe 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 right to landscape and maintain the easement as described in Parcel 'A' The City will install ahd maintain landscaping as shown on landscape plans for CommunityHoad ImproVements. The9RANTOR herebyf\lrth,ergrants to GRANTEE: all trees, growths (growing or that may hereafter grow),..and existiilg wall materials within said easement, together with the right to usethe 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 G,RfiNTOR, foLhjrnllie~self, his/her successors.~mq assigns, hereby waives any claim for,anyaild 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. The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and " 05 ~os 4 . . 13488 construct necessary-related improvements as part:of tlie proposed construction process. This Temporary Construction Easement, as'de~cribed in the attached Exhibit 'A' as Parcel B; shall be valid only l:Jntil the constru9tion has been accepted by the GRANTEE. After-such time, the Temporary Construction Easement shall become null and void IN W~NESS WHEREOF, the GRANTOR has executed this Easement this d-b day of \.-- , 2005. ~ ~;Q Brian Austin (Signature must be notarized) M:IClp~OevelopmentICIP AdminlEasementslCommunity Rd Sound Wall EasementslCommunity Rd SoundWall easement_Austin.doc · · 13489 CALIFORNIA ALL.~PURPOSE ACK~OWLEDGMENT. State of California ,\ } County of_ YJ;tI /.)1 [;6 0 ss. On F[r~v'#v Z;&, zOOI;:reme,If.-IYLUS, GrlA/1/. ;iJC/4t2Y/l,o---'-l.C- persomiliy appeare:" I R. r A /II S II;J '"" WI, " Off"" ",9:"'" D,", N",," P,bli"1 , Name(s)ofSigner(s) o personaily known to me '-!;i[proved to me on the basis of satisfactory ~Vidence .- -. __ .- .- _ _ __..... __ __ __ to be -the, person(9t'whose name($1 is/arZ ~ ,~.,. PHYLLIS SHINN J subscribed t? the within instrument and _@..,..CommISSion.#1450304acknOWiedg,e,d,tom"e that ~e/qti;',!ttlgy executed ~ ..... Notary,Publlc, California f the same In hrs/hlN/tllerr authonzed j c.., San Diego County f capacity(hoS), and that by his/;1er/tlT6ir . MyComm. expires Nov 9;2007 signatureil!l..on the instrument the person(~, or -- - -- - - _ _ _ _ _ _ the entity. upon behalf of which the person(::1\ acted, executed the instrument. OPTIONAL Though the information beiow is no/required by law, it may prove valuabie to persons relying on the document and could prevent fraudulent removal and reattachment of this form'to another documen-t. Description of AttaChed Document litleor Type of Document: Document Oate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual Top of thurnb here d Corporate 0fficer;- Title(s): ,I o Partner~D Limited 0 General I 0 Attomey,jn-Fact I lOT rustee D Guardian or,Conservator o Other' 1 Signer Is Representing: ,I 1C11999 Na~onal Notary Association' 9350 De SolO Ave., P.O Box 2402' Chatsworth, CA 91313-2402' www.natlonalriotal)._orgProd.No. 5907 Reorder. Call Toll-Free 1-800-876-6827 . . 13490 EXHIBIT "A" LEGAL DESCRIPTION VESTING: BRIAN AUSTIN, A SINGLE MAN APN: 314-572-62 PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT THA TPORTION OF LOT 175 OF LAS CADENAS UNIT NO.3, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7567, FILED IN THE OFFICE OF :rHE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1973, AS DESCRIBED IN GRANT DEED RECORDED NOVEMBER 08, 2004 AS FILE NO 2004- 1060298, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 175, THENCE ALONG THE EAST LINE OF SAID LOT 175 NORTH 00005'52" EAST 60.00 FEET TO THE NORTHEAST CORNER OF SAID. LOT 175; THENCE LEAVING SAID EAST LINE ALONG THE NORTH LINE OF SAID LOT 175 NORTH 89054'22" WEST 12.00 FEET; THENCE LEAVING SAID NORTH LINE PARALLEL TO SAID EAST LINE SOUTH 00005'52" WEST 1.67 FEET, THENCE PARALLEL TO SAID NORTH LINE SOUTH 89054'22" EAST 2.00 FEET, THENCE PARALLEL TO SAlD,EAST LINE SOUTH 00005'52" WEST 58.33 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 175; THENCE ALONG SAID SOUTH LINE SOUTH 89054 '22" EAST 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 603 SQUARE FEET MORE OR LESS PARCELB TEMPORARY CONSTRUCTION EASEMENT THAT PORTION'OF LOT 175 OF LAS CADENASUNIT NO 3, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7567, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1973, AS DESCRIBED IN GRANT DEED RECORDED NOVEMBER 08, 2004 AS FILE NO. 2004- 1060298, DESCRIBED AS FOLLOWS. THE EAST 22:00 FEJ';T OF SAID LOT 175 OF MAP NO. 7567, AS MEASURED AT RIGHT ANGLES FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM PARCEL A DESCRIBED ABOVE. CONTAINING 717 SQUARE FEET MORE OR LESS SAID TEMPORARY e<ITRUCTION EASEMENT SHALL TERMntt, WITHIN 30 DAYS OF THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL PROJECT 13491 ATTACHED HERETO AND MADE A PART HEREOF THISLEGALDESCRlPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL}:'ROPERTY DESCRiPTION 'HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE'WITH THE PROFESSIONAL LAND SURVEYORS ACT ~;Z~ . FdJr</wy z. S', Z-O"" t> MICHAEL SCHLUMPBERGER, PLS 7790 . DATE EXHIBIT uB" 10,00' ,"=20' SCALE Fn N89'S4'22"W 118.10' - - - - I" w 1 a () b I O' <{ <{ ~ N. ~ I ....J , I LOT NO" -j75 I ~ ~.. 0 . Q.. 0 a::: :;1 o -1/);:'" . ~ ~ 1 p ~: "!~ g ~ co 01 0 . IX]~ . >- 13847 OLIVE GROVE PL to 0 v, 111 0 W z 1O _to I- , WI " <n' ~ 0 IX] :l af'N LU Z '" N. Z. 'to ;: a::: On .!" I . ~ => (!) p MAP NO" 7567 <l) <l). 0 01 p <l) ~ 0 , 0 0 zl o 0 b ~ I w 01 . Z 0 > Z Z 0 ....J I I U 0 ! L-- I ~ . - - - - _ .22.00' . N89'S4'22"W 118.09' POINT OF BEGINNING ~" " , "I . CJ.) .. .0. ~ t'////l ~ NOTE. ALL DiMENSiONS SHOWN HEREON N> ARE COMPILED FROM RECORD DATA. ASSESSORS' PARCEL NO..314-572-62 CITY OF POWA Y Right-DC-Way Engineering Services, Inc, Land Surveying VESTING. BRIAN AUSTIN, A SINGLE MAN 4167 Avenida de la Plata Sle. 114 Oceanside. CA 92056 (760) 732-1366 FAX (760) 732-1367 DA TE. FEB. 24, 2005 SHEET 1 OF 1 Drawing file nome: comm314-572-62.dwg . -13493 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: February 26, 2005 from Brian Austin, 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 Ma rch 4, 2D05 CITY OF POWAY Seal' BYO;~