Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0204415
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13487 ooc# 2005-0204415
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RECORDING REQUESTED.,BY ) MAR 11 , 2005 2:33 PM
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CITY OF POWAY ) OFFWI".L F:ECOF:[,'"
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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
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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.
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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
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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'
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N89'S4'22"W 118.09'
POINT OF
BEGINNING
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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
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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;~